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1967 Ordinance Codifications OYIQlnoJ r1 v fi 1. (>. , . L. 0 Q r ; I C Ct r, on 0+ Ov d /I) an ceS C HAP T E R 1 MIS eEL LAN E 0 U S PRO V I S ION S V ILL AGE o F ?ft.; NEW HOPE COD E 0 FOR DIN A N C E S PREPARED AND CODIFIED BY: Corrick, Miller, Meyer, & Nelson Attorneys At Law 3811 West Broadway Robbinsda1e, Minnesota NEW HOPE V ILL AGE 0 F F ICE R S Serving the Village of New Hope on the date of the Adoption of this Code of Ordinances are the following: MAYOR: Milton C. Honsey COUNCILMEN: Arvid Lo Sandberg Allen J. Dyson Arthur J. Hoff Elmer T. Thorson VILLAGE MANAGER: Har1yn Larson CLERK-TREASURER: Betty Pouliot VILLAGE ATTORNEY: William J. Corrick VILLAGE OFFICES: 7701 42nd Avenue North New Hope, Minnesota TAB LEO F CON TEN T S TABLE OF CONTENTS NEW HOPE VILlAGE CODE CHAPTER 1 - MISCELlANEOUS PROVISIONS 1.00 Definitions 1.01 Officials 1.02 Council 1.03 Police and Fire 1.04 State 1.05 County 1.06 Street 1.07 Sidewalk 1.08 Code 1.09 Published Notice 1.20 Rules of Construction 1.21 General 1.22 Number, Gender and Tense Subd. (1) Singular and plural -Subd ~_ (2) Masculine and feminine Subd. (3) Past, present and future 1.23 Person 1.24 Headings 1.25 Computation of time 1.26 Minnesota Rules of Construction 1.27 Repeal 1.28 Separability Clause 1.40 Penalty Provision 1.41 Fine and Imprisonment 1.42 Separate Violations CHAPTER 2 - GOVERNMENT AND GOVERNMENTAL UNITS 2.10 Elections 2.11 Date 2.12 Registration Subd. (1) Adoption of Registration System Subd. (2) Voters must be registered 2.20 Personnel 2.21 Mayor and Councilmen Salaries 2.22 Clerk-Treasurer Subd. (1) Combination of Offices Subd. (2) Audit 2.23 Building Inspector Subd. (1) Appointment and Qualifications Subd. (2) Duties Subdo (3) Bond and Compensation 2.24 Constable 2.30 Civil Service 2 .40 Planning Com:rd.s s ion 2.41 Establishment 2.42 Composition Subd. (1) Number Subd. (2) Term Subd. (3) Council Member 2.43 Purpose, Authority and Duties 2.44 Organization 2.45 Meetings 2.46 Minutes 2.60 Civil Defense Ordinance 2.61 Purpose Subd. (1) Civil Defense Agency Subd. (2) Exercise of Powers Subd. (3) Mutual Aid and Cooperation 2.62 Definitions Subd. (1) Civil Defense Subd. (2) Divi1 Defense Emergency Subd. (3) Civil Defense Forces 2.63 Civil Defense Agency Subd. (1) Creation Subd. (2) Appointment of Director of Civil Defense Subd. (3) Divi1 Defense Board - Declaration of Emergency 2.64 Duties of Directors of Civil Defense Subd.(l) Village Civil Defense Representative Subd. (2) Studies and Surveys Subd. '(3) Civil Defense Plan Subd. (4) Personnel Subd. (5) Training Programs Subd. (6) Facilities Subd. (7) Orders of the Governor Subd. (8) Civil Defense Emergency 2.65 Political Activity and Subversion 2.66 Civil Defense Volunteers Subd. (1) Civil Defense Emergency Subd. (2) Identification Subd. (3) Use of Firearms 2.67 Governmental Imnlunity 2.68 Cooperation with Federal and State Authorities 2.70 Volunteer Fire Department 2.71 Establishs,snt 2.72 Election 2.73 Fire 1.1arshal 2.74 Fire Chief 2'.75 Records 2.76 Firemen Subd. (1) Qualifications Subd. (2) Loss of Membership Subd. (3) Compensation Subd. (4) Relief Association 2.77 Practice Drills 2.78 Interference with Department CHAPTER 3 - BUILDING 3.00 Fees and Application for Permits 3.01 3.02 3.03 3.04 3.05 Application Granting of Permit Fees Subd. (1) Payment Subd. (2) Double Fees Building Permit Fees Subd. (1) Residential Subd. (2) Commercial or Industrial Subd. (3) Repair or Alteration Subd. (4) Cubical Content Subd. (5) Expenses Subd. (6) Clean-up Deposit Electrical Permit Fees Subd. (1) Outlets Subd. (2) Sign Circuit Subd. (3) Heating Devices--Motors-- Transformers (4) Sockets (5) Socket, Border, Strip, Outline (6) Luminous Tubes (7) Sign and Billboard Wiring (8) Alterations and Repairs, (9) Combined Permit (10) Moving Pic,ture Nachine-s (11) Storgge Batteries (12) Decorative (13) Fire Alarm Systems Subd. Subd. Subd. Subd. Subd. Subd .. Subd. Subd. Subd. Subd. 3.06 Plumbing Permit Fees Subd. (1) Regular Fee Subd. (2) Fixture Openings Subd. (3) Setting Only Subd. (4) Misc. Fixtures Subd. (5) Definition 3.07 Gas Fitting Permit Fees Subd. (1) Regular Fees Subd. (2) Gas Heater Fees Subd. (3) Combined Fees 3.08 House Moving Permits 3.09 Digging and Excavating Permits 3.11 Sewer Permit Fees Subd. (1) Building Sewer Subd. (2) Repair or Alteration 3~12 Water Connection Permit 3.13 Well Drilling Permit 3.14 Swtmming Pool Construction Permit 3.20 Building Code 3.21 Purpose 3.22 Scope 3.,23 Application to Existing Buildings Subd. (1) Major Alterations or Repairs Subd. (2) Changed Use Subd. (3) Additions Subd. (4) Minor Alterations or Repairs 3.24 Maintenance Requirements 3.25 Permit Required 3.26 Application for Permit Subd. (1) Land Description and Survey Subd. (2) Proposed Use Subd. (3) Plans and Specifications Subd. (4) Amendments 3.27 Plans and Specifications Subd. (1) General Requirements Subd. (2) Plot Plan Subd. (3) Floor Plans Subd. (4) Exterior Elevations Subd. (5) Details for Design and Construction Subd. (6) Materials Subd. (7) Degree of Detail Subd. (8) Small Dwellings Subd. (9) Disposition of Plans and Specifi- cations 3.28 Permit 3.29 Notice to Building Inspector 3.31 Revocation and Expiration of Permits 3.32 Fees 3.33 Safety of Structures Subd. (1) Design and Construction Subd. (2) Unsafe Structures Subd. (3) Endanger Life 3.34 Residential Lot Area and Accessibility Subd. (1) Front Footage Subd. (2) Abut Street Subd. (3) One Dwelling Subd. (4) Set-back Subd. (5) Lot Lines Subd. (6) Future Streets 3.35 Height and Area 3.36 Space Requirements and Exits Subd. (1) Ceiling Heights Subd. (2) Area Requirements Subd. (3) Exits 3.37 Foundation and Walls Subd. (1) Footings Subd. (2) Walls 3.38 Brick Facing 3.39 Floor and Roof Loads 3.41 Joists, Rafters and Studdings 3.42 Ceilings 3.43 Doors, Window and Ventilation 3.44 Plumbing Required 3.45 Electrical Installation Requirements 3.46 Water Supply Requirements Subd. (1) Municipal Water System Subd. (2) Private Wells 3.47 Sewage Disposal System Subd. (1) Sanitary Sewer Subd. (2) Private Disposal Subd. (3) Outdoor Toilets 3.48 Roofs 3.49 Adoption of Publications by Reference Subd. (1) Uniform Building Code Subd. (2) Amendments Made in Uniform Building Code Subd. (3) Adoption of Minneapolis Elevator Ordinance 3.51 Residential in Other Districts 3.52 Obstructing Waterways 3.53 Temporary Dwellings 3.54 Adjustments and Variations 3.55 Certificate of Occupancy or Compliance 3.56 Appeal from Building Inspector Ruling 3.57 Penalty 3.60 Electrical Code 3.61 3.62 General Electrical Subd. (1) Subd. (2) Subd. (3) Subd. (4) Subd. (5) Permits Permit Required Application and Fees Qualifications Minor Repairs Certificate of Insurance 3.63 Adoption of Minneapolis Electrical Ordinance 3.64 Interpretation 3.65 Electrical Inspector Subd. (1) Qualifications Subd. (2) Inspection Subd. (3) Right of Access to Buildings Subd. (4) Enforcement 3.66 Fees 3.67 Penalty 3.70 Plumbing Code 3.71 Minneapolis Plumbing Code Subd. (1) Adoption of 1963 Minneapolis Ordinance Subd. (2) Amendments to Minneapolis Plumbing Code 3.72 Plumbing Permits Subd. (1) Permit Required Subd. (2) Application and Fees Subd. (3) Qualifications Subd. (4) Surety Bond Subd. (5) Insurance 3. 73 . . Enforcement 3.80 Gas App1iances~ Piping .and Equipment '3.81 3.82 Minneapolis Gas,Piping Ordinance Adopted Permits Subd. (I} Application for Permit. Subd. (2) Requirements and Fees Correction of Unsafe Conditions ,3.83 3.100 Filling, Excavating, Digging 3.101 Permit Required Subd. (1) lOO-foot area Subd. (2) Public Property 3.102 Permit Application 3.103 3.104 3.105 3.106 3.107 Granting of Permit Bond Restoration as to Public Grounds Revocation Violation 3.120 Well-Drilling 3.121 3.122 3.123 3.124 3.125 3.126 3.127 3.128 3.129 3.131 3.132 Definitions Subd. (1), Drawdown Subd. (2) Glacial Drift Subd. (3) Grout Subd. (4) Log Subd. (5) Porosity Subd. (6) Turbidity Subd. (7) Yield Permit Required When Permit Not Issued Subd. (1) Municipal water is Available Subd. (2) Air Conditioning Health Requirements Subd. (1) Department of Health Subd. (2) Contamination Minimum Production of Water Location Subd. (1) Proximity to Pollution Subd. (2) Location in Pit Prohibited Termination Diameters of Well Casing Subd. (1) Minimum Diameter Installation Subd. (1) Pollution-proof Subd. (2) Water-Tight Mounting Subd. (3) Well Seal Subd. (4) Pump Room Floor Subd. (5) Suction Lines Subd. (6) Future Measurements Chlorination Test 3.140 Building Moving 3.141 3.142 3.143 3.144 License Required for Movers Subd. (1) Application and Fee Subd. (2) Bond Required Subd. (3) Building Located on Own Land Subd. (4) Moving Exclusively on County Highways Permit Required for Each Move Subd. (1) Speed Subd. (2) Protection of Streets Subd. (3) Overnight Stand Subd. (4) Notification of Location Refu~al of Permit Temporary Removal of Wire CHAPTER 4 - ZONING AND PLATTING 4.00 ' Zoning 4.01 Purpose 4.10 General Provisions 4.11 Lots and Buildings Subd. (1) Compliance with Ordinance Subd. (2) Accessory Buildings Subd. (3) Relocated Structures Subd. (4) Required Area Not to be Reduced 4.12 Permitted Encroachments 4.13 Non-Conforming Uses 4.14 Minimum Requirements 4.15 Certificate of Occupancy 4.20 District Provisions 4.21 Districts 4.22 Minimum Requirements 4.23 Exceptions and Additions to Minimum Requirements Subd. (1) Front Set-Backs Subd. (2) Side and Rear Set-Backs Subd. (3) Set-Backs Adjacent to Residential Areas Subd. (4) Set-Backs along Thoroughfares Subd. (5) Set-Back on Part of 49th Avenue Subd. (6) At the Intersection of Certain Thoroughfares arid Railroads. Subd. (7) Height Subd. (8) Shopping Centers Subd. (9) Planned Developments 4.30 Permitted Uses 4.40 Special Uses 4.41 General Statement 4.42 Why Certain Uses Require Special Use Permits Subd. (1) Residential Districts Subd. (2) Business Districts Subd. (3) Industrial Districts Subd. (4) In All Districts - Temporary Uses 4.43 Criteria For Granting Special Use Permits 4.44 Listing of Special Uses 4.50 Accessory Uses 4.51 Accessory Uses in Residence Districts 4.52 Accessory Uses in Business and Industrial Districts 4.60 Performance Standards 4.61 Exterior Storage 4.62 Refuse 4.63 Screening 4.64 Landscaping 4.65 Maintenance 4.66 Glare 4.67 Signs 4.68 Parking Subd. (1) Surface and Drainage Subd. (2) Location Subd. (3) Access Subd. (4) Determination of Areas Subd. (5) Truck Parking in Residential Areas Subd. (6) Other Parking in Residential Areas Subd. (7) Sale of Parking Areas Subd. (8) Off~Street Spaces Required Subd. (9) Joint Facilities 4.69 Off-Street Loading 4.71 Traffic Control 4.72 Pedestrian Traffic 4.73 Drainage 4.74 Architecture 4.75 Explosives 4.76 Radiation and Electrical Emissions 4.77 Other Nuisance Characteristics 4.78 Multiple-Dwelling Design and Standards for Apartment with Three or more Living Units. Subd. (1) Sidewalks Subd. (2) Garages Subd. (3) Parking 4.80 Administration 4.81 Amendments to Zoning Ordinance 4.82 Rezoning Subd. (1) Zoning Form Subd. (2) Notice Subd. (3) Hearing Subd. (4) Planning Commission Recommendation 4.83 Special Use Permits 4.84 Variance Subd: (1) Zoning Form Subd. (1)' Reference to Board of Appeal and Adjustment 4.90 Rules and Definitions 4.91 Rules of Construction 4.92 Definitions Subd. (1) Accessory Use or Structure Subd. (2) Agricultural Uses Subd. (3) Apartment Subd. (4) Automobile Service Station Subd. (5) Automobile Service Uses Subd. (6) Auto Wrecking Yard Subd. (7) Basement Subd. (8) Boarding House Subd. (9) Building Subd. (10) Business Subd. (11) Subd. (12) Subd . ( 13 ) Subd. (14) Subd. (15) Subd. (16) Subd. I( 17 ) Subd . ( 18 ) Subd. (19) Subd. (20) Subd. (21) Subd. (22) Subd. (23) Subd. (24) Subd. (25) Subd. (26) Subd. (27) Subd. (28) Subd. (29) Subd. (30) Subd. (31) Subd. (32) Subd. (33) Subd. (34) Subd. (35) Subd. (36) Subd . (37 ) Subd. (38) Subd. (39) Subd. (40) Subd. (41) Subd. (42) Subd. (43) Subd . (44 ) Subd. (45) Subd. (46) Subd . (47 ) Subd. (48) Subd. (49) Subd. (50) Subd. (51) Subd. (52) Church Club or Lodge Compatible Dog Kennel D\ve11ing Family Floor Area Garage, Private Garage, Public Garage, Repair Home Occupation Hotel Junk Yard Lodging Room Lot (of Record) Lot, Corner Lot, Front of Lot, Line Lot, tvidth Manufacturing Uses Medical Uses Motel Non-Conforming Uses Nuisance Characteristics Office Uses Off-Street Loading Space Open Sale Lot Parking Space Public Stables Public Utility Uses Research Rest Home Retail Shopping Uses Set-Back Sign Sign, Advertising Sign, Business Sign, Flashing Sign, Identification Sign, Illuminated Sign, Pedestrian Sign, Temporary Subd. (53) Subd. (54) Subd. (55) Subd. (56) Subd. (57) Subd. (58) Subd. (59) Subd. (60) Subd. (61) Sign, Gross Surface Area Structure Trailer Park Transportation Terminal Wareho.using Wholesale Business Yard Yard, Front Yard, Sid e 4.100 District Boundaries 4.101 4.102 4.103 4.104 4.105 4.106 4.107 4.108 General Extent of SR Single-Family Residence Districts Extent of MR Extent of LB Extent of RB Extent of GB Extent of LI Extent of GI Multiple-Residence Districts Limited Business Districts Business Districts General Business District Limited Industry District General Industry District 4.200 Enforcement 4.500 Platting 4.501 4.502 4.503 Purpose and Interpretation Scope Definitions Subd. (1) Alley Subd. (2) Boulevard Subd. (3) Butt Lot Subd. (4) Collector Street Subd. (5) Cul-de-Sac Subd. (6) Easement Subd. (7) Final Plat Subd. (8) Lot Subd. (9) Minimum Standards Subd. (10) Subd. (11) Subd. (12) Subd. (13) Subd. (14) Subd. (15) Subd. (16) Subd. (17) Subd. (18) Subd. (19) Subd. (20) Subd. (21) Subd. (22) 4.510 Preliminary Plan 4.511 Procedure Subd. (1) Subd. (2) Subd. (3) Subd. (4 ) Subd. (5) Subd. (6) J.'.1inor Street O~'mer Pedestrian Hay Preliminary Plat Protective Covenants Service Road Set-Back Building Line Street Hidth Streets Subdivider Subdivision Thoroughfare Village Plan Filing and Fee Notice Planning Commission Council Action Notice of Disapproval Effect of Approval 4.512 Necessary Data for Preliminary Plan Subd. (1) Identification and Description Subd. (2) Existing Conditions Subd. (3) Subdivision Design Features Subd. (4) Other Information Subd. (5) Qualifications Goverming Approval of Preliminary Plan 4.520 Final Plat 4.521 Procedure Subd. (1) Filing Subd. (2) Notice Subd. (3) Reports Subd. (4) Council Action Subd. (5) Recording of plat 4.522 Necessary Data for Final Plat Subd. (1) General Subd. (2) Additional Delineation Subd. (3) Street Deflections Subd. (4) Reverse Curves Subd. (5) Street Grades Subd. (6) Vertical Curves Subd. (7) Minor,Streets : Subd. (8) Street Jogs. Subd. (9) Safe Intersections Subd. (10) Alleys Subd. (11) Cul-de-Sac Subd. (12) Service Roads Subd. (13) Certificate of Owner Subd. (14) Taxes Paid Subd. (15) Council Approval Form Subd. (16) County Approval Form Subd. (17) Village Plat Copies 4.530 Minimum Subdivision Design Standards 4.531 4.532 Good Planning Practices Street Plan Subd. (1) Subd. (2) Subd. (3) Subd . ( 4 ) Subd. (5) Village Pattern Continuation Existing Streets Projection of New Streets Carried to Boundaries Conform to Map 4.533 4.534 4.535 Streets Subd . ( 1) Subd. (2) Subd. (3) Subd. (4) Widths Half Streets Reserve Strips Railroad or Limited Access Highways Abutting Subdivision Subd. (5) Private Streets Subd. (6) Hardship to Owners of Adjoining Property Avoided Parks, Playgrounds, and Other Public Sites Street Interval Subd. (1) Alleys and Pedestrian Ways Subd. (2) Easements Subd. (3) Blocks Subd. (4) Lots 4"540 Required Improvements 4.541 4.542 4.543 4.544 4.545 4.546 4.547 4.548 General Honuments Water and Sewer Facilities Streets Subdo (1) Grading Subd. (2) Surfaces Subd. (3) Cul-de-Sacs Subd. (4) Curbs and Gutters Subd. (5) Specifications Subd. (6) Storm-Water Subd. (7) Trees Subd. (8) Name Signs Subd. (9) Pedestrian Ways Public Utilities Subd. (1) Placement of Lines Subd. (2) Underground Lines Village Election to Install Improvements Village Topographic Map Railroad Crossings- 4.550 Improvement Schedule 4.551 4.552 4.553 4.554 Profile Street Grade House Services Location of Buried Utilities Subd. (1) Sanitary Sewer Subd. (2) Water Main Subd. (3) Storm Sewer Subd. (4) Water and Sewer Services Subd. (5) Gas Main Subd. (6) Telephone Lines Street Surfacing Subd. (1) Standard Cross Section Subd. (2) Procedure Subd. (3) Construction Requirements Subd. (4) Inspection Subd. (5) Faulty Work Subd. (6) Incorporation 4.560 Required Agreements and Bonds 4.561 4.562 4.563 4.564 Standard Procedure, Plan A Plat Subd. (1) Completion of Improvements Subd. (2) Completion of Work Subd. (3) Repayment of Village Expenses Subd. (4) Enforcement of Performance Bond Procedure. Plan B Plat Development Contract Required Provisions of Development Contract Subd. (3) Parties to Development Contract Inspection at Subdivider's Expense Building Permit Alternate Subd. (1) Subd . (2 ) 4.570 Variances 4.571 Grounds for Authorizing Variance Subd. (1) Special Circumstances Subd. (2) Necessity Subd. (3) Not Injurious to Others 4.572 Application for Variance 4.580 Restrictions In Filing And Recording Conveyances 4.581 4.582 Unapproved subdivision Penalty 4.600 Board of Appeals and Adjustments 4.601 4.602 4.603 4.604 4.605 4.606 Establishment of Board of Appeals and Adjustments Powers of Board of Appeal and Adjustments Subd. (1) Appeals Subdo (2) Variances Subd. (3) Building Permits Issuance of Building Permit Referral to the Planning Commission Notice Orders arid Subd. (1) Subd. (2) Subd. (3) Conduct of Order Appearance Rules Hearings 4.620 Comprehensive Municipal Plan 4.621 Definitions Subd. (1) Comprehensive Municipal Plan Subd. (2) Land Use Plan Subd. (3) Transportation Plan Subd. (4) Community Facilities Plan Subd. (5) Capital Improvement Plan Subd. (6) Official Map 4.622 4.623 4.624 4.625 4.626 Preparation, Adoption and Amendment of Comprehensive Municipal Plan Subd. (1) Preparation and Review 3ubd. (2) Procedure for Plan, Adoption and Amendmen.ts Adoption by Council for Plan Effectuation Recommendation for Plan Effectuation Compliance with Plan Zoning Plan Adoption of Official Maps Copies Filed with Register Subd . (3 ) Procedure Subd . ( 1) Subd. (2) Subd. (3) Subd. (4) Certified of Deeds Filing with Contiguous Filing of Certain Plat Planning Authorities Approvals. CHAPTER 5 - SEWER, HATER, DRAINAGE AND STORM SEWER 5.00 Sewers 5.01 Definitions Subd. (1) Sewage Works Subd. (2) Superintendent Subd. (3) Sewage Subd. (4) Sewer Subd. (5) Public Sewer Subd. (6) Combined Sewer Subd. (7) Sanitary Sewer Subd. (8) Storm Sewer or Storm Drain Subd. (9) Sewage Treatment Plant Subd. (10) Industrial Wastes Subd. (11) Garp,age Subd. (12) Properly Shredded Garbage Subd. (13) Building Drain. Subd. (14) Building Sewer Subd. (15) B.O.D. (Denoting Biochemical Oxygen Demand Subd. (16) pH Subd. (17) Suspended Solids Subd. '(16) Natural Outlet Subd. (19) Watercourse 5.02 Restrictions Subd. (1) Unlawful Deposits Subd. (2) Pollution of Water Subd. .(3) Private Sy~tems 5.03 Connection Required After Notice 5.04 Cesspools and Septic Tanks and Connecting 5.05 Private Sewage Disposal Subd. (1) Sewer Unavailable Subd. (2) Written Permit Subd. (3) When Effective Subd. (4)' Layout Subd. (5) Connect ,to Public Sewer Subd. (6) No Dumping Subd. (7) Backfilling 5.06 5.07 5.08 5.09 5.11 5.12 5.13 5.14 5.15 5.16 '\ Subd. (8) Sanitary Manner Subd. (9) Other Requirements Subd. (10) Locations Subd. (11) Efficient Operation Subd. (12) Depth Limitatibn Building Sewers and Connections Subd. (1) Permit Required Subd. (2) Classes of Permits Subd. (3) Forms Subd. (4) Permit Cards Cost Borne Sewer Lines Subd. (1) Separte Lines Subd. (2) Old Lines Sewer Specification Subd. (1) Sewer Pipe Subd. (2) Over Cesspools and Septic Tanks Subd. (3) Elevation Subd. (4) Lifts Subd. (5) Tuench Work Joints, Subd. (1) Type Subd. (2) Leaded Joints Subd. (3) Gas and Water Tight Subd. (4) Clay Pipe Subd. (5) Not-Poured Joints Subd. (6) Other Methods Connection to Public Sewer Subd. (1) "y" Branch Subd. (2) Forty-Five Degree Ell Subd. (3) Connect to Established Location Notify Inspector Barricades Discharge of Surface Waters into Sanitary Sewer Prohibited Discharge of Certain Gasses, Wastes, Noxious Substances into Sanitary Sewer Prohibited Subd. (1) High Temperature Subd. (2) Fat, Oil Subd. (3) F1amable Liquid 5.17 Grease, Oil and Sand Interceptors Subd. (1) Required Subd. (2) Interceptor Maintenance 5.18 Certain Industrial Wastes Subd. (1) When Village Approval Required Subd. (2) Treatment Subd. (3) Maintenance of Treatment Facilities Subd. (4) Control Manholes Subd. (5) Testing Subd. (6) Special Agreements 5.19 Protection From Damage 5.21 Power and Authority of Inspectors 5.22 : Dam?ges through Violation 5.50 Sewer Rates 5.51 Definitions Subd. (1) Normal Sewage Subd. (2) Industrial Sewage 5.52 Rates Subd. (1) Minimum Charges Subd. (2) Flat Charges Subd. (3) Meter Fluw Charges 5.53 Rate-Industrial Waste and Large Units 5.54 ,Metering- Water SuppJ-y' in Lieu rif"Flat ~Charge 5.55 Installation of Meter 5.56 Water Used Not Entering Sewer System 5.57 Supplying Information 5.58 Estimated Bills 5.59 Beginning Service 5.61 Billing 5.62 Collections 5.63 Sewer Operating Fund. 5.70 Use Charge 5.71 Sewer Use Charge 5.72 Additional Charge 5.73 Amount 5.74 How Billed 5.75 Deposit of Use Charge 5.76 Duration of Use Charge 5.80 Sewer Connection Charges - Charge A 5.81 Definitions Subd. (1) New Construction Subd. (2) Existing Construction 5.82 Sewer Connection Permit 5.83 Sewer Connection Permit Charge A Subd. (1) New Construction Subd. (2) Existing Construction Subd. (3) Deferred Payments Subd. (4) Commercial and Industrial Constructiol 5.84 Shutting Off Service 5.85 Charge A Revenues 5.86 Excepted A.reas 5.90 Sewer Connection Charges - Charge B 5.91 Definitions 5.92 Sewer Connection Permit Charge B 5.93 Additi6n~1 Charge 5.94 Determination of Amount of Charge B 5.95 Method of Payment of Charge B Subd. (1) Full Payment Method Subd. (2) Installment Method Subd. (3) No Election of Method 5.96 Issuance of a Building Permit or Building sewer Permit Subd. (1) New Construction Subd. (2) Existing Construction 5.97 Involuntary Sewer Connection 5.98 Charge B Procedure Subd. (1) Preparation of Roll Subd. (2) Transmittal to Auditor Subd. (3) Full Payment After Eiliection 5.99 5.101 5.102 Election Form; Contents Charge B Revenues Validity 5.110 Sewer Connection Charges - Charge C 5.111 5.112 5.113 5.114 5.115 Definitions Direct Trunk or Lateral Sewer Connection Permit Charge Determination of Amount of Charge C Subd. (1) Regular Method Subd. (2) Adjacent Street Method Determination of Front Feet Subd. (1) Rectangular Lots or Parcels Subd. (2) Irregularly Shaped Lots or Parcels Subd. (3) Exceptions Time and Method of Payment 5.120 Involuntary Sewer Connection Procedures 5.121 5.122 5.123 DDefinit<Lons Procedure Upon Connect. Notice Subd. (1) Subd. (2) Subd . (3 ) Failure of Property Owner to Form of Notice Waiver Time 5.130 Sanitary Sewer District 5.131 Sanitary Sewer District Established 5.140 Municipal Water 5.141 5 . 142 5.143 5.144 5.145 Establishment of Water Department Council Superintendent of the Water Department Superintendent License Required 5.146 5.147 5.148 5.149 5.151 5.152 5.153 5.154 5.155 5.156 5.157 5.158 5 . 159 5.161 5.162 5.163 5.164 5.165 5.165 Permit Required for Connection to Water System Subd. (1) Permit Subd. (2) Approval Subd. (3) Revocation of Permit Water Connection Permit Connection Charge Platted Property of 13,500 Square Feet Subd. (1) Trunk Charge Subd. (2) Lateral and House Service Charges Subd. (3) General Provisions Unplatted Property and Platted Lots of More Than 13,500 square feet. Subd. (1) Lateral and House Service Charges Subd. (2) Trunk Charges Determination of Front Feet Subd. (1) Rectangular Lots or Parcels Subd. (2) Irregular Shaped Lots or Parcels Subd. (3) Exceptions Time and Method of Payment Subd. (1) Full Payment Subd. (2) Alternate Optional Methods Subd. (3) Option Method 1. Quarterly Payments Subd. (4) Option Method 2. No Actual ConnectioI Subd. (5) Option Method 3. 20 Year Instal1ment~ Eleemosynary Institutions Procedure on 20 Year Installments Penalty for Failure to Make Payments Excavations Tampering Plumbing " Check Valves Use of Water During Fires Continuous Flow Prohibited Emergencies and Repairs Deficiency of Water Consent to Regulation 5.167 5.168 5.169 5.171 5.172 5.173 5.174 5.175 Service Pipes Subd. (1) Installation Subd. (2) Expense Subd. (3) Depth and Size Subd. i4) Stop Boxes Subd. (5) Supply from One Service Subd. (6) Inspection of and Approval Meters Subd. (1) Subd. (2) Water to be Metered Installation ; Ownership and Control Subd. (3) Meter Requirements Subd. (4) Meter Maintenance Subd. (5) Meter Reading Subd. (6) Testing Meters Water Rates Subd. (1) Single Family Residence Subd. (2) Multiple Dwellings Subd. (3) Schools Subd. (4) Fire Protection Hydrants Subd. (5) Miscellaneous Beginning Service Accounts in the Name of Property Owner Payments Non-Payment Violations CHAPTER 6 - STREETS, ALLEYS AND PUBLIC PROPERTY 6.00 Weight, Load Limits 6.01 Definitions as used in this Ordinance 6.02 Weight Limits Subd. (1) Pneumatic Tires Subd. (2) Non-pneumatic Tires Subd. (3) Seasonal Restrictions Subd. (4) New Streets 6.03 Lugs Prohibited 6.04 Notice of Restrictions 6.05 Liability for Damages 6.10 Impounding of Vehicles 6.11 Authority to Impound Vehicles Subd. (1) Subd. (2) Subd. (3) Subd. (4) 6.12 Notice of Impounding 6.13 Restrictions While Impounded Subd. (1) Work on Vehicle Subd. (2) Removal Subd. (3) Release Subd. (4) Report 6.14 Poundkeeper Subd. (1) Bids Subd. (2) Contract Subd. (3) Towing and Storage Charges Subd. (4) Poundkeeper's Bond Subd. (5) Insurance 6.15 Fine or Penalty 6.20 Street Lighting System 6.21 Determination of Location Subd. (1) Council Resolution Subd. (2) Notice Subd. (3) Hearing 6.22 Records of Costs 6.23 Quarterly Billing 6.24 Assessment 6.30 Street Cleaning, Street Obstructions and Nuisances 6.31 Street Springking, Flushing and Tree Care Subd. (1) Council Resolution Subd. (2) Notice Subd. (3) Hearing Suhdo (4) Record of Costs Subd. (5) Quarterly Billing and Assessments 6.32 Snow, Ice, Dirt and Rubbish Removal Subd. (1) Public Nuisance Subd. (2) Village Removal Subd. (3) Quarterly Billing and Assessments 6.33 Penalty 6.40 Vacating Streets 6.41 Petition 6.42 Form and Fee 6.43 Notice of Hearing 6.44 Resolution Vacating Street or Public Grounds 6.50 Unclaimed Property 6.51 When Unclaimed Property may be Disposed of 6.52 Method of Disposition Subd. (1) Notice of Sale Subd. (2) Conduct of Sale Subd. (3) Terms of Sale 6.53 Former Owner may Receive Payment 6.60 Street Excavation 6.61 6.62 6.63 6.64 6.65 6.66 6.67 6068 Definitions Subd. (1) Subd. (2) Subd . (3 ) Subd. (4) Excavation Subd. (1) Subd. (2) Application Permit Fee Excavation Placard Surety Bond Subd. (1) Requirements of Bond (A) Surety Company (B) Attorney Approval (C) Conditions of Bond (D) Hold Harmless (E) Future Subd. (2) Future Recovery Subd. (4) Suit Against Village Exemption from Surety Bond Subd. (1) Plumbing and Street Excavation Bond Subd. (2) Public Utilities Engineer Regulations Subd. (1) Notification of Public Uti1tties Subd. (2) Determination of Location and Depth of Underground Facilities Backfilling Material Specifications Safeguards of Properties-- Facilities Subd. (6) Restoration of Streets Subd. (7) Franchised Utilities Subd. (3) Subd. (4) Subd. (5) Applicant Engineer Excavation \vork Permittee Permit Permit Required Excavation for Permit 6.69 Emergency Action 6.71 Non-Completion or Abandonment 6.72 Insurance 6.73 Indemnification 6.74 Exemption from Fee Payment and Insurance provisions 6.75 Refusal of Permits 6.76 Penalty 6.80 Boating on Park Waters 6.81 Definitions Subd. (1) Boat Subd. (2) Park Waters 6.82 Power Boating Prohibited CHAPTER 7 - ANIMALS 7.00 Dog Licensing 7.01 Definitions Subd. (1) Dog Subd. (2) Owner Subd. (3) At Large Subd. (4) Village v'eterinarian 7.02 License and Registration 7.03 Tag and Collar 7.04 Running at Large 7.05 Impounding Subd. (1) When Impounded Subd. (2) Notice Subd. (3) Reclaiming Dog and Fees 7.06 Disposition of Unclaimed or Infected Dogs. Subd. (1) Destroyed or Sold' Subd. (2) Use for Scientific Purposes 7.07 Confinement of Certain Dog 7.08 Rabies Vaccination 7.09 Muzzling Proclamation 7.11 Biting Dogs 7.12 Establishment of Village Pound 7.13 Records 7.14 Penalty 7.20 Dog Kennels and Cat Shelters 7.21 Definitions Subd. (1) Dog Subd. (2) Kennel Subd. (3) Cat Subd. (4) Cat Shelter 7.22 Licenses for Kennel and Cat Shelter Subd. (1) Kennel License Subd. (2) Cat Shelter License 7.23 Application 7.24 License Fees 7.25 License Expiration 7.26 Transferability of License 7.27 Number 7.28 Standards for Kennel Operation Subd. (1) Fenced Subd. (2) Clean Subd. (3) Enclosed Building Subd. (4) Shelter and Bedding Subd. (5) Prevention of Public Nuisance 7.29 Standards for Cat Shelter Operation Subd. (1) Fenced Subd. (2) Clean Subd. (3) Enclosed Building Subd. (4) Prevention of Disturbing the Peace Subd. (5) Prevention of Public Nuisance 7.31 Kennel and Cat Shelter Control 7.32 Unlawful Acts Subd. (1) Four Dogs Without Kennel License Subd. (2) Ten Dogs Subd. (3) Four Cats Without Cat Shelter License Subd. (4) Ten Cats Subd. (5) Violation of S.tandards 7.33 Penalty 7.40 Animals Running at Large 7.41, Prohibition of Animals Running at Large 7.42 Herding of Animals CHAPTER 8 - BUSINESS AND AMUSEMENT REGULATION AND LICENSING 8.00 License Procedure 8.01 Application 8.02 Application for License 8.03 Issuance of License 8.04 License Term 8.05 License Fee 8.06 Revocation 8.07 Transfer 8.08 Responsibility 8.10 Food Handling 8.11 License Required 8.12 License Fees Subd. (1) Soda Fountain Subd. (2) Food Vehicles Subd. (3) Packaged Goods Subd. (4) Ice Subdo (5) Retail Stores Subd. (6) Restaurants and Miscellaneous 8.13 Regulations Subd. (1) Care of Premises Subd. (2) Persons Handling Food 8.14 Inspection 8.20 Oil and Gasoline 8.21 License Required 8.22 Inspection 8.23 Fees Subd. (1) Gasoline Station Subd. (2) Gasoline Pumps at Gasoline Station Subd. (3) Gasoline Pumps Not Dispensed to Public Subd. (4) Gasoline Storage Plant 8.24 Safety Precautions 8.40 Taxicabs and Taxicab Drivers 8.41 Definitions Subd. (1) Taxicab Subd. (2) Certificate Subd. (3) Holder Subd. (4) Call Box Stand Subd. (5) Open Stand Subd. (6) Waiting Time Subd. (7) Taximeter Subd. (8) Drivers License 8.42 Certificate of Public Convenience and Necessity Subd. (1) Certificate Required Subd. (2) Application for Certificate Subd. (3) Public Hearing Subd. (4) License Fee Subd. (5) Liability Insurance Subd. (6) Issuance of Certificate 8.43 Transfers, Revocation of Certificate Subd. (1) Transfer Subd. (2) Suspension or Revocation 8.44 Taxicab Driver - License Subd. (1) License Required Subd. (2) Application Subd. (3) License Fee Subd. (4) Chauffeur's License Subd. (5) Traffic and Police Record Subd. (6) Issuance of License and Term Subd. (7) Display of License Subd. (8) Suspension or Revocation 8.45 Taxicabs Subd. (1) Inspection Subd. (2) Identification Subd. (3) Taximeters Subd. (4) Rate Card 8.46 Taxicab Stands Subd. (1) Open Stands Subd. (2) Call Box Stands Subd. (3) Prohibition of Other Vehicles 8.47 Taxicab Service 8.48 Passengers Subd. (1) Receipts Subd. (2) Refusal to Pay Legal Fare 8.50 Solicitors, Peddlers, Hawkers, Itinerant Merchants and Transcient Vendors 8.51 Nuisance 8.52 Abatement 8.60 Cigarette Licenses 8.61 License Required 8.62 Restrictions Subd. (1) Minors Subd. (2) Narcotic Drugs 8.64 Display of License 8.70 Bowling Alleys 8.71 License Required 8.72 Application 8.73 Fee 8.74 Granting of License 8.75 Posting of License 8.76 Duplicate License 8.77 Noise of Operation 8.80 Pinball Machines 8.81 Definition 8.82 License Required 8.83 Fee 8.84 Form and Display 8.85 Gambling Prohibited 8.86 Minors may not Operate 8.87 Revocation 8.90 Roller Skating Rinks 8.~1 Definitions Subd. (1) Roller Skating Rink Subd. (2) Operate 8.92 License Required 8.93 Application 8.94 Fee 8.95 Restrictions and Regulations Subd. (1) Illumination Subd. (2) Inflammable Decorations and Smoking Subd. (3) Alcoholic Beverages Subd. (4) Curfew Subd. (5) Hours Subd. (6) Special Police Officer Subd. (7) License Posted 8.100 _ Sunday Closing 8.101 8.102 8.103 8.104 8.105 8.106 8.107 8.108 Purpose .Definitions Subd. (1) Person Subd. (2) Sunday Subd. (3) Saturday Subd. (4) Holiday Subd. (5) Sell or Selling Subd. (6) Restricted Item Sales Restricted Permitting Sales Prohibited Sales Not Restricted Subd. (1) Isolated Sales Subd. (2) Concessions Subd. (3) Trading Stamps Subd. (4) Advertising Subd. (5) Businesses Closed on Saturday Subd. (6) Seasonal Recreational Purposes Interpretation Subd. (1) Does Not Permit Prohibited Acts Subd. (2) Separability Spearate Offenses Penalty CKAPTER 9 - GENE~~L SAFETY AND WELFARE 9.00 Fire Regulations 9.01 Fire Prevention Code Subd. (1) Adoption Subd. (2) Definitions 9.02 Bureau of Fire Prevention Subd. (1) Fire Marshal Subd. (2) Fire Inspectors Subd. (3) Report 9.03 Fire Prevention Districts Subd. (1) Storage of Explosive and Blasting Agents Subd. (2) Storage of Flammable Liquids in Outside Above-Ground Tanks Subd. (3) Bulk Storage of Liquified Petroleum Gases 9.04 Amendments to Fire Prevention Code Subd. (1) Authority to Enter Premises Subd. (2) Evacuation Subd. (3) Stairways Subd. (4) Smoking in Schools Subd. (5) Exit Aisles Subd. (6) Christmas Trees Subd. (7) Burning Regulations Subd. (8) Gasoline Sale and Storage Subd. (9) Attendants at Nursing Homes 9.05 Permits and Modifications Subd. (1) Modifications Subd. (2) New Materials Requiring Permits Subd. (3) Appeals 9.06 Penalty 9.20 Discharging Firearms 9.21 Prohibition Against Discharging Firearms Subd. (1) Law Enforcement Officers Subd. (2) Self-Defense 9.22 Destruction of Diseased Animals 9.23 Target or Trap Shooting Subd. (1) Requisites for License Subd. (2) Restrictions on License Subd. (3) Termination of License 9.24 Destruction of Birds Destroying Crops 9.30 Curfew' 9.31 Definitions Subd. (1) 'QPub1ic Ground.' Subd. (2) "Parent or Guardian" Subd. (3) '!TimePi 9.32 Under Age of 15 Years; 9.33 Under Age of 18 Years 9.34 Responsibility of Parents 9.35 Places of Amusement 9.40 Dangerous Buildings 9.41 Definition Subd. (1) Interior Walls Subd. (2) Loads Subd. (3) Damaged Subd. (4) Diseased or Unsafe Subd. (5) Light and Air Subd. (6) Egress Subd. (7) Attached Parts Subd. (8) Location or Condition 9.42 Public Nuisance 9.43 Standards for Repair, Vacation and Demolition Subd. (1) Repair Subd. (2) Vacation Subd. (3) Demolition 9.44 Procedure Subd. (1) Inspection Subd. (2) Notice Subd. (3) Report 9.45 Printed Placard Subd. (1) Content and Placement Subd. (2) Removal 9.46 Vacation of Condemned Building 9.47 Appeal and Hearing Subd. (1) Petition Subd. (2) Order 9.50 Dangerous Excavations 9.51 Definition 9.52 Public Nuisance 9.53 Abatement Order Subd. (1) When Order Given Subd. (2) Service of Order 9.54 Appeal and Hearing 9.55 Abatement by the Village Subd. (1) When Village May Abate Subd. (2) Waiver Subd. (3) No Administrative Liability 9.70 Weed Elimination 9.71 When Weeds Nuisance 9.72 Notice to Destroy 9.73 Removal by Village 9.74 Assessment 9.75 Penalty 9.80 Dutch Elm Disease 9.81 Purpose Subd. (1) Policy Declaration Subd. (2) Dutch Elm Disease Program 9.82 Forester Subd. (1) Position of Forester Created Subd. (2) Duties of Forester 9.83 Nuisance Subd. (1) Declaration of Nuisance Subd. (2) Unlawful to Sustain Nuisance 9.84 Inspection and Investigation Subd. (1) Annual Inspection Subd. (2) Entry on Private Premises Subd. (3) Diagnosis 9.85 Abatement Method 9.86 Abatement Procedure for Trees and l.Jood Subd. (1) Forester Action Subd. (2) Council Action Subd . (3) Assessment 9.88 Notice 9.89 Spraying Nearby Trees 9.91 Transportating Elm Wood 9.92 Interference Prohibited 9.100 Public Nuisances, Unwholesome and Unhealthy Litter and Animal Regulations. 9.101 9.102 9.103 9.104 9.105 9.106 9.107 9.108 9.109 9.111 9.112 9.113 9.114 9.115 9.116 9.117 9.118 9.119 9.121 Definitions Subd. (1) Authorized Private Receptacle. Sulid. (2) Garbage Subd. (3) Litter Subd. (4) Park Subd. (5) Private Premises Subd. (6) Public Place Subd. (7) Refuse Subd. (8) Rubbish Authorized Private Receptacles Subd. (1) Garbage Subd. (2) Ashes Subd. (3) Rubbish Litter in Public Places Placement of Litter in Receptacles to Prevent Scattering Sweeping Litter Into Gutter Prohibited Merchants' Duty to Keep Sidewalk Free of Litter Litter in Parks Litter in Lakes and Streams Litter on Occupied Private Property Owner to Maintain Premises Free of Litter Litter on Vacant Lots Unwholesome Premises and Material Unhealthy or Offensive Substances Maintaining Animals or Birds Horses on Public Streets Minimum Area for Maintaining Animals or Birds Defense to Prosecution Clearance of Litter and Unhealthy Offensive Substances frDm Private Property by Village Subd. (1) Notice to Remove Subd. (2) Action Upon Non-Compliance Subd. (3) Charges Included in Tax Bill Subd. (4) Assessment Penalty CHAPTER 10 - LIQUOR AND BEER 10.00 Municipal Liquor Dispensary 10.01 10.02 10003 10.04 10005 10.06 10.07 Definitions Subd. (1) Intoxicating Liquor and Liquor Subd. (2) Beer Subd. (3) On Sale Subd. (4) Off Sale Subd. (5) Sell Subd. (6) Hinor Establishment of Dispensary Location Operation Subd. (1) Manager Subd. (2) Employees Dispensary Fund Subd. (1) Creation Subd. (2) Receipts and Disbursements Subd. (3) Audit Hours of Operation Subd. (1) On-and Off-Sale Subd. (2) On-Sale Subd. (3) Off-Sale Subd. (4) Dispensary Closed Conditions of Operation Subd. (1) Facilities Subd. (2) Sanitary Condition Subd. (3) Other Business Subd. (4) Gambling Subdo (5) Pool Tables Subdo (6) Minors Subd. (7) Intoxicated Persons Subdo (8) Immoral or Disorderly Person Subd. (9) Credit Sales 10.10 10.08 Enforcement Subd. (I) Police Subd. (2) Employees Beer Licenses 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 Definitions Subd. (1) HBeerf' or "Non-intoxicating Halt Liquor" Subd. (2) IiIntoxicating Liquorli Subd. (3) 1iOrigina1 Package" Subd. (4) IiBona fide C1ubt\ Subd. (5) ilRestaurant\i Subd. (6) 1iBeer Storel' License Required Subd. (1) On Sale Subd. (2) Off Sale License Fees Subd. (1) Amount Subd. (2) Refund Subd. (3) Pro Rata Fee Application for License Subd. (1) Form Subd. (2) Filing Investigation and Hearing Subd. (1) Investigation Subd. (2) Hearing Subd. (3) Renewal Transferability of License Persons Ineligible for License Places Ineligible for License Subd. (1) One Year Arter Violation Subd. (2) Proximity to Schools and Churches 10.30 10.19 10.21 10.22 10.23 10.24 10.25 Conditions of License Subd. (1) Minor Consumption and Loitering Subd. (2) Sale to Minors or Intoxicated Persons Employment of Minors Gambling Intoxicating Liquors on the Premises Subd. (6) Conflicting Interests Subd. (7) Federal Retail Liquor Dealer's Tax Stamp Subd. (8) License Posted Subd. (9) liOn SaleH, Separate Rooms Subd. (10) Maintenance of Order Subd. (11) Right of Entry Closing Hours Partitions and Obstructions Clubs Restrictions on Purchase and Consumption Subd. (1) Age Misrepresentation by Minor Subd. (2) Inducing Minor to Buy Beer Subd. (3) Procuring Beer for Minor Subd. (4) Minor Consuming Beer Subd. (5) Consumption and Display of Intoxicating Liquors Subd. (3) Subd. (4) Subd. (5) Revocation Mixing Intoxicating Liquors and Other Beverages 10.31 10.32 10.33 Definitions Subd. (1) Business Establishment Subd. (2) Intoxicating Liquor Consumption in Public Place Serving or Permitting Mixing of Drinks CHAPTER 11 - TRAFFIC 11.00 11.10 11.20 11.30 Traffic Regulations 11.01 Highway Traffic Regulation Act Incorporated by Reference 11.02 Obstructing of or Damage to Highways Drivers Licenses and Motor Vehicle Regulations 11.11 Drivers License Requirements -- In- corporated by Reference 11.12 Motor Vehicle Regulations and Chauffeur Licenses - Incorporated by Reference Parking Regulations 11.21 11. 22 11.23 11. 24 11. 25 Bicycles 11. 31 11. 32 11. 33 Highway Traffic Regulation Act General Provisions Parking for Certain Purposes Prohibited Parking Time Limit Snmv Remova 1 Definition License Required Procedure Subd. (1) Application and Fee Subd. (2) Expiration Subd. (3) Transfer Subd. (4) Loss of Tag 11.34 11. 35 11. 36 11.37 11. 38 Rules for Subd. (1) Operation Application Motor Vechicle Law s Riding on Seat Passengers Attach to Vehicle Right Side of Roadway Two Abreast Bicycle Paths Sidewalk Use Packages Subd. (2) Subd . (3 ) Subd . (4) Subd. (5) Subd . ( 6 ) Subd. (7) Subd. (8) Subd. (9) Equipment Subd. (1) Lights Subd. (2) Brakes Damaging Tags--Using Bicycle Without Permission Responsibility of Parents Enforcement 11.40 Restrictions On Use of Certain Streets 11.41 11.42 11.43 11.44 Purpose Restrictions Exemption Notice 11.50 Ordinance Violations Bureau 11.51 11. 52 11. 53 Establishment Traffic Violations Bureau Authorization to Issue Tickets Contents of Ticket Subd. (1) Name and Address Subd. (2) Date and Place Subd. (3) Violation Description Subd. (4) Date of Appearance Subd. (5) Rights Subd. (6) Number 11.54 11.55 Payment of Fines Failure to Appear 11.60 Equipment Violations Tags 11.61 11.62 11.63 When Equipment Violation Tags Issued Notice of Equipment Violation Form of Equipment'Vio1ation Tag CHAPTER 12 - CRIMINAL AND MISCELLANEOUS OFFENSES 12.00 Criminal Code Adoption 12.10 Miscellaneous Offenses 12.11 Lurking and Lying in Wait 12.12 Codein Sales and Possession Subd. (1) Sale of Codein Prohibited Subd. (2) Possession and Purchase of Codein Prohibited 12.13 Glue Sniffing Subd. (1) Prohibition of Inhaling, Drinking, Breathing, certain substances Subd. (2) Purchase, Sale or Possession Subd. (3) Self-Service Display Prohibited 12.12 Codeine Sa1gs and Possession Subd. (1) ?ale of Codeine Prohibited Subd. (2) Possession and Purchase of Codeine Prohibited 12.13 Glue Sniffing Subd. (1) Prohibition of Inhaling, Drinking, Breathing Certain Substances Subd. (2) Purchase, Sale or Possession Subd. (3) Self-Service Display Prohibited CHAPTER 13 - FRANCHISES Minneapolis Gas Company Franchise--Appendix D APPENDIX A - STREET NAME CHANGES APPENDIX B - DETACHED lANDS APPENDIX C ~ AN ORDINANCE PROVIDING FOR CIVIL SERVICE PERSONNEL SYSTEM IN THE VILLAGE OF ~~W HOPE Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Definitions Establishment Classified Service Personnel Board Classification of Position Procedure for Appointments Examinations Dismissals and Suspensions .Appeals Probationary Period Ruies Apportionment of Expenses of Certain Cases Contracts with Other Agencies Veterans Preference Law not Modified Penalties Effective Date .t. PPEJ;.IDIX D - HINI:JEl',POLIS CO~~AtIT FRANCHISE ORDINANCE APPENDIX D - ORDINANCE HISTORY AND CROSS-REFERENCE * NEW HOPE VILlAGE CODE CHAPTER 1 ~ MISCELLANEOUS PROVISIONS 1.00 DEFINITIONS In all ordinances and sections thereof contained in the New Hope Village Code or hereafter adopted, the following terms shall be construed as herein set forth unless specifically otherwise stated. 1.01 Officials ',_ i~Ma~oroi\, ~'C1erk~Treas~rer", IlVil1age Engineerll, 'iVillage 1..I....n~rr~_.1 'i~l- 11 ~ ~ . , ,,, ':"" l' '"f' "". '~c. c.,,:,<,;:'!'. \.L a\7e r'C"-O"i"'YlP"T" """'~ tL'C'"io (',.. "Icer"; 'Pr-..~ld~ng In _ , _;::) __ _ ,......._,j )' .;._f.,;;;;_~ ..... ,-.,.t....E.,. , .~;.....&....... - spector" shall mean such officials of the Villa ge of New Hope. Any other references to public officials, unless othenvise specifically indicated shall mean the official of the Village of New Hope. 1.02 Council IiCouncil!i shall mean the Village Council of the Village of New Hope. 1.03 Police and Fire "Police Departmentli, "Police Chief", !lFire Depart.. mentlV, "Fire Chiefii shall mean Police Department of the Village of New Hope, Chief of Police of the Police Depart.. ment of the Village of New Hope, Chief of the Fire De" partment of the Village of New Hope, respectively. 1.04 State iiStateil shall mean State of Minnesota. 1005 County liCountyii shall mean County of Hennepin. 1.06 Street !lStreet'l shall mean any public way, highway, street, avenue or other public thoroughfare. 010166 * 1.07 Sidewalk nSidewa1k\l shall mean that portion of the street between the curbing and adjacent property line intended for the use of pedestrians. 1.08 Code - "CodeH shall mean Code of Ordinances of the Village of New Hope or New Hope Village Code. 1.09 Published Notice "Published Notice?! shall mean notice published in the official newspaper designated each year by Council resolution~ published two weeks prior to any hearing unless otherwise specified. 010166 ~ ~ 1.20 RULES OF CONSTRUCTION 1.21 General All words and phrases in this code are used and shall be construed in their plain, ordinary and usual sense~ but technical words and phrases and such others as may have acquired a particular, peculiar and appropriate meaning in the law shall be construed and understood according to such particular~ peculiar and appropriate meaning. 1.22 Number, Gender and Tense. Subd. (1) Singular and plural. The use of either singular or plural number includes the other number. Subd. (2) Masculine and femine. The use of either masculine, feminine or neuter gender includes the other genders. Subd. (3) Past, present and future. The use of either past~ present or future tense includes the other tenses. 1.23 Person. The use of the word persons shall extend and be a applied to firms, corporations, partnership~ voluntary associations, firms, trusts, estates and associations and the singular shall include the plural. 1.24 Headings. The headings of the sections are intended to in- dicate the contents of the section and shall not be con- strued as part of the section. 010166 * 1.25 Computation of time. Whenever an act is required to be done by a certain time, the time shall be computed by excluding the first day and including the last day, and when the last day is Sunday or a legal holiday, such day shall be excluded and the last day shall be the next following business day. 1.26 Minnesota Rules of Construction. Unless clearly in conflict with the prOV1S1ons of this Code, or otherwise clearly inapplicable, the Rules of Construction established for the State of Minnesota by statute or case law shall apply to the construction of this Code. 1.27 RepeaL Whenever a prov1s1on of this Code is repealed, and that section has repealed a prior provision, such prior provision shall not be revived unless the intent to so revive is clearly stated therein. 1.28 Separability Clause. If any part, sentence, provision or clause of the New Hope Village Code shall be adjudged invalid, void or or no effect, for any reason whatever, such invalidity or suspension shall not effect the validity of any of the remaining portions of any section or ordinance of the New Hope Village Code, it being intent in this enactment that each part, sentence and clause shall be deemed separable. 1.29 Shall. The word ;0 shall" whenever used l.TI these Ordinances is always mandatory and not merely directory. 010166 * 1.40 PER~LTY PROVISION 1.41 F~ne and imprisonment. Except where a different, specific or more partic- ular penalty is provided or allowed with respect to any offense included within this Code, any person guilty of violation of this Code shall be guilty of a misdemeanor, and fined in an amount not to exceed $100, or imprisoned fora period not to exceed 90 days for each offense of which he is convicted. 1.42 Separate Violations. Each separate violation of the Code is a separate offense; and the continued violation by a person of any one same offense with knowledge thereof, is a separate offense for each day of such continued violation, unless otherwise specifically stated. 010166 C HAP T E R 2 GOVERNl1ENT AND G 0 V ERN MEN TAL U NIT S * 2010 E L E C T ION S 2.11 Date. The date of the regular Village election shall be held on the first Tuesday after the first Monday in November each year. 2.12 Registration. Subd. (1) Adoption of Registration System. A system for the permanent registra- L~on of voters provided for by Minnesota Statutes, Chapter 201, is hereby adopted for the Village. Subd. (2) Voters must be registered. No person shall be permitted to vote at any election held in the Village unless he shall have registered as provided in said Act. 010166 2.20 PER SON N E L 2.21 Mayor and Councilmen Salaries The salary of the Mayor is hereby established at $200.00 per month, and the salaries of each of the Councilmen is hereby established at $100.00 per month. 2.22 Clerk-Treasurer Subd. (1) Combination of Offices Pursuant to the authority granted by Minnesota Statutes, Section 412.02, Subdivision 3, the offices of Clerk and Treasurer in the Village are hereby combined in the office of Clerk-Treasurer. Subd. (2) Audit Beginning with the year which begins January 1, 1966, and each year thereafter, there shall be an audit of the Village's financial affairs by the Public Examiner or a Public Accountant, or both, in accordance with minimum auditing procedures prescribed by the public examiner. 2.23 Building Inspector Subd. (1) Appointment and Qualifications. The Building Inspector shall be appointed by the Village Manager annually and shall hold office until his successor is appointed and qualified. He shall be a man who is acquainted with building materials and the building industry. Subd. (2) Duties. The Building Inspector is authorized 091366 and empowered to make inspections; to enforce and interpret the Building Code, Section 3.20; to supervise the construction, demolition or moving of all structures; and to report monthly to the Council on permits issued during the previous month, and on all matters pertaining to building construction. Subd. (3) Bond and Compensation. Building Inspector shall furnish a bond of $500.00 to the Village and to be approved by the Council. He shall be compensated by fees as determined by the Council, at a regular meeting. All moneys collected for fees for building permits shall be paid into the Village treasury as received. Once each month after auditing these fees thus re- ceived, the Council shall direct a warrant to be drawn in favor of said Inspector covering the fees earned since the last previous settlement, within the limits previously set by the Council. 2.24 Constable. The office of Village Constable is hereby abolished. 010166 2.30 C I V I L S E R V ICE See Chapter 60, Ordinance 60-9 which was adopted by the people at a Special Election on May 3, 1960, Appendix C. ~ ~ 010166 .:t. " 2.40 P LAN N I N G COM MIS S ION 2.41 Establishment. A Village Planning Commission is hereby established. The Planning Commission may be abolished by ~Jo-thirds vote of all the members of the Council. 2.42 Composition. Subd. (1) Number. The Planning Co~~ission shall consist of ten members appointed by the Council. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. Subd. (2) Term. Except as specified in Subdivision (3), each member shall serve a term of three years or until his successor is appointed and qualifies, unless sooner removed by a four-fifths vote of the Council. The terms of three members shall expire each year. Subd. (3) Council Member. The tenth member of the Planning Com- mission shall be a member of the Council and shall serve until December 31st, of the year ap- pointed. 2.43 Purpose, Authority and Duties. The Planning Commission shall serve as an advisory body to the Council. It is hereby authorized and directed to carryon Village planning activities and to adopt a plan for the regulation of the future physical development 010166 oJ.. '" of the Village, and to prepare and adopt an official map of all proposed alterations of existing lands and public spaces, and the future development of unplatted properties and shall recommend approval or disapprovel of subdivisions of land. The Commission shall make a study of future developments of the Village, including proposed public bui1dings~ street arrangements and im- provements, public utility services, parks, playgrounds~ and other similar deve1opmentso The results of all studies made by the Commission, together with the re- commendations of the Commission shall be submitted to the Council. The Planning Commission shall upon request of the Council, make recommendations to the Council regarding matters affecting zoning~ platting~ the making of public improvements and other measures affecting the future or present development of the Village. 2.44 Organization. The Planning Commission shall elect one of its members as chairman, one as vice chairman, and another as secretary, each of whom shall hold office until December 3lst~ following their election. 2.45 Meetings. The Planning Comnrission shall hold two regular meetings each month, on such days and at such times as established by the Council. Special meetings ~i,W shall be called by the Chairman upon his request not more than two days after receipt by the Chairman S ,.. f ' ~ or ecretary OI a wr1tten request or a spec1al meet- ing signed by three or more members of the Planning Commission. Special meetings shall require two days written notice to each member. 2.46 IvIinutes. The Commission shall adopt rules for the trans- action of business, and shall keep a public record of 010166 ~ ^ its reso1utions~ mocLons~ transactions and findings. One copy of the minutes of each meeting shall be delivered to the Clerk-Treasurer prior to the next regular meeting of the Council, and the Clerk- Treasurer shall record the same as a permanent record of the Village. 010166 * 2.60 CIVIL DEFENSE ORDINANCE 2.61 Purpose. Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destruction, and by reason of any natural disturbance or catastrophe, in order to insure that the preparations of this Village will be adequate to deal with such disasters, and generally to provide for the common de- fense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this Village it is hereby found and declared to be necessary. Subd.(l) Civil Defense Agency. To establish a local civil defense agency. Subd. (2) Exercise of Powers. To provide for the exercise of neces- sary powers during civil defense emergencies. Subd. (3) Mutual Aid and Cooperation. To provide for the rendering of mutual aid between this Village and other political subdivisions with respect to the carrying out of civil defense functions, and to coordinate to the maximum extent practicable with the com- parable functions of the federal government, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur. 'iJ,fJ;f!J.~';iJf~~ 010166 * 2.62 Definitions. The following words and phrases when used in this ordinance, shall have the meanings as set out herein: Subd. (1) Civil Defense. "Civil Defense" means the preparation for and the carrying out of all emergency functions, other than functions for which mili- tary forces are primarily responsible, to pre- vent, minimize and repair injury and damage resulting from disasters, whether caused by enemy attack, sabotage, or other hostile action, or by any natural catastrophe or disturbance. These functions shall include, without limitation, fire~fighting services, police service, medical and health services, rescue, engineering and air raid warning services, communications, radioo logical, chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary re- storation of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. Subd. (2) Civil Defense Emergency. "Civil Defense Emergency" means an emergency declared by the Governor under the Minnesota Civil Defense Act of 1951, Sec. 301 (Minn. Stat. Sec. 12.31), or where declared as hereinafter provided in Sec. 2.63(3) by the Village because of any unprecedented or severe natural catastrophe. 010166 Subd. (3) 'ICivil Defense Forces" Except in a declared emergency? HCivil Defense Forces" shall mean any personnel employed by the Village and assigned by the Council for service and for specific activities in preparation for civil defense and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense functions in accordance with the provisions of this ordinance or any rule or order thereunder. 2.63 Civil Defense Agency. Subd. (1) Creation. There is hereby created a Civil Defense Agency, which shall be under the supervision and control of a Director of Civil Defense, hereinafter called the Director. The Civil Defense Agency shall be orga- nized consistent with state and local civil defense plans, as the Director deems necessary to provide for the efficient performance of local civil de- fense functions during a civil defense emergency. Subd. (2) Appointment of Director of Civil Defense. The Mayor, with the approval and consent of the Council, shall have the power to appoint or remove the Director. T'lhenever in the judgment of the Council it shall appear the contributions and revenues from other sources are insufficient to pay the necessary expenses, including salary, if any? of the Director, the Council may, in such event? fix and determine any salary to be paid to such Director and provide for the payment of all necessary expenses. The Director shall have direct responsibility for the organization, administration and operation of the Civil Defense agency, subject to the direction and control of the Mayor. 010166 * Subd. (3) Civil Defense Board - Declaration of Emergency. To provide for any local natural catas- trophe or disturbance, there is hereby established a Civil Defense Board consisting of the Mayor, the ClerkaTreasurer and one Trustee to be selected by a majority vote of the Council. Whenever, in the judgment of a majority of the said Board, or in the event a majority of said Board is not present within the Village, in the judgment ot the Mayor, Mayor Protem, or Senior Trustee, any unprecedented or severe natural catastrophe or disaster shall warrant it, an emergency may be declared and the provisions of this ordinance may be invoked; provided, however, that there shall be called a regular meeting or special meeting of the Council within three days after the declaration of such emergency for the ratification of such emergency declaration, and if such emergency dec- laration be disapproved at this or any subsequent Council meeting, or if the emergency meeting is not called within the three day period, it shall terminate forthwith. 2.64 Duties of Directors of Civil Defense. Subd. (1) Village Civil Defense Representative. The Director, with the consent of the Mayor, shall represent the Village on any regional or state organization for civil defense. He shall develop proposed mutual aid agreements ~ith other political subdivisions within or outside the state for reciprocal civil defense aid and assistance in a civil defense emergency too great to be dealt with unassisted, and he shall present such agreements to the Council for its approval or disapproval, and such agreements shall have no force and effect until approved by the Council. 010166 .... " Subd. (2) Studies and Surveys. The Director shall make such studies and surveys of the manpower, industries, resources, and facilities of the Village as he deems necessary to determine their adequacy for civil defense and to plan for their most efficient use in time of a civil defense emergency. Subd. (3) Civil Defense Plan. The Director shall prepare a comprehensive general plan for the civil defense of the Village, and for relief from any natural catastrophe, and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it shall be the duty of all Village employees and all civil defense forces of the Village to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The Director shall coordina~e the civil defense acti- vities of the Village to the end that they shall be consistent and fully integrated with the civil defense plan of the federal government and the state and correlated with the civil defense plans of other political subdivisions within the state. Subd. (4) Personnel. The Director shall utilize the personnel, services, equipment, supplies and facilities of the Village government to the maximum extent practicable. The officers and personnel of the Village shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local Q:ivi1 fiefense Agency and to the Governor upon request. The Director shall, in cooperation with 010166 # * existing officials and employees affected, organize, recruit, and train air-raid wardens, auxiliary police, auxiliary firemen, emergency medical personnel, and any other personnel that may be required on a volunteer basis to catry out the civil defense plans of the Village and the state. To the extent that such emergency personnel is recruited to augment a regular Village function for civil de- fense emergencies, it shall be assigned to the Village official responsible for ~uch function for purposes of administration and command. The Director with the consent of the Mayor may dismiss any civil defense volunteer at any time and require him to surrender any equipment and identification furnished by the Village. Subd. (5) Training Pro~ams. In accordance with the state and Village civil defense plan, the Director shall institute such training programs and public in- formation programs and shall take all other pre- paratory steps, including the partial or full mobilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the Village civil defense plan in time of a civil defense emergency. He may, from time to time, conduct such practice air-raid alerts or other civil defense exercises as he may deem necessary. Subd. (6) Facilities. Consistent with the civil defense plan, the Director may provide and equip emergency, casualty st&.ticns.~,,'am'b'l.::.12nces, cantee.tzs, evacuation centers, and other facilities, or conveyances for the care of injured or homeless persons, consistent with the resources of the Village, and funds properly allocated with the approval of the Council. 010166 ~ n Subd. (7) Orders of the Governor. The Director shall carry out all orders, rules and regulations issued by the Governor with reference to civil defense. Subd. (8) Civil Defense Emergency. The Director shall direct and co~ ordinate the general operations of all local civil defense forces during a civil defense emergency in conformity with controlling re- gulations and instructions of state civil de- fense authorities. 010166 .I. " 2.65 Political Activity and Subversion. The Civil Defense Agency shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes~ nor shall it be employed in a legitimate labor dispute. No person shall be employed or associated in any capacity in the Civil Defense Agency who advocates or has advocated a change by force or violence in the constitutional form of government in the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in the civil de- fense agency shall, before entering upon his duties~ take an oath in writing as prescribed by the Minnesota Civil Defense Act of 1951, Section 403, (Minn. Stat. 812.43). 2.66 Civil Defense Vo1unteers~ Subd. (1) Civil Defense Emergency. Civil defense volunteers shall be called into service only in case of a civil de- fense emergency for which the regular Village force is inadequate or for necessary training and preparation for such emergencies, or when deemed necessary by the Mayor to carry out the provisions of this ordinance relating to relief from natural catastrophes or disturbances. 010166 Subd. (2) Identification. Each civil defense volunteer shall be provided with such suitable insignia or other identification as may be required by the Director. Such identification shall be in a form and style approved by the federal government. No volunteer shall exercise any authority over the persons or property of others without this identification. No person except an authorized volunteer shall use the identification of a volunteer or other- wise represent himself to be an authorized volunteer. Subd. (3) Use of Firearms. No civil defense volunteer shall carry any firearm while on duty except on written order of the Council. 2.67 Governmental Immunity. All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. The Village and, except in cases of wilful misconduct, its officers, agents, em- ployees, or representatives engaged in civil defense activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951 or with this ordinance or any rule~ regulation or order made thereunder~ shall not be liable for the death of or injury to persons, or damage to property as a result of such activity. The provisions of this section shall not affect the right of any officer or employee of the Village to receive benefits to which he would otherwise be entitled under this ordinance or under the Wor~enls Compensation Law~ or under any pension law. ' 010166 * 2.68 Cooperation with Federal and State Authorities. Every officer and agency of the Village shall cooperate with federal and state authorities and with authorized agencies engaged in civil defense and em- ergency measures to the fullest possible extent con- sistent with the performance of their other duties. The provisions of this ordinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issued thereunder and shall be deemed to be suspended and j~operative so far as there is any conflict therewith. ~he Council may appoint any qualified person holding a position in any agency created under federal or state authority for civil defense purposes as a special policeman of the Village with such police powers and duties within the Village incident to the functions of his position, not exceeding those of a regular policeman of the Village, as may be prescribed in the appointment. Every such special poli~eman shall be subject to the supervision and con- trol of the Chief of Police and such other police officers of the Village as the Chief may designate. 010166 * 2.70 VOL U N TEE R FIR E DEPARTMENT 2.71 Establishment. There is hereby established in this Village a Volunteer Fire Department consisting of a Chief~ an Assistant Chief~ a Fire Marshal, and not less than ten (10) nor more than thirty-five (35) firemen. 2.72 Election. The Chief of the Fire Department~ the Assistant Chief, and the Fire Marshal shall be elected annually by the members of the department subject to confirma- tion by the Council. Each shall hold office for one year and until his successor has been duly elected, except that he may be removed by the Council for cause and after a public hearing. Firemen and probationary firemen shall be appointed by the members of the depart- ment, subject to confirmation by the Council. Firemen shall continue as members of the department during good behavior, and may be removed by the Council only for cause and after a public hearing. 2.73 Fire Marshal. The office of Fire Marshal may be held by the Chief or by the Assistant Chief, if the Council by reso- lution approves. The Fire Marshal shall be charged with the enforcement of all ordinances aimed at fire preven- tion. He shall have full authority to inspect all prem- ises and to cause the removal or abatement of all fire hazards. 2.74 Fire Chief. The Chief shall have control over all of the fire fighting apparatus and shall be solely responsible for its care and condition. He shall make a report, semi-annually, to the Council at its meeting in March and September, as 010166 * to the condition of the equipment and needs of the Fire Department. He may submit additional reports and recommendations at any meeting of the Council, and he shall report each suspension by him of a member of the Fire Department at the first meeting of the Council following such suspension. He shall be responsible for the proper training and discipline of the members of the Fire Department, and may suspend any member for refusal or neglect to obey orders pending final action by the Council on his discharge or retention. In the absence or disability of the Chief, the Assistant Chief shall perform all the functions and exercise all of the authority of the Chief. 2.75 Records. The Chief shall keep in convenient form a com- plete record of all fireso Such record shall include the time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and tenant, purpose for which occupied, value of building and con- tents, members of the department responding to the alarm, and such other information as he may deem ad- visable or as may be required from time to time by the Councilor state insurance department. 2.76 Firemen. Subd. (1) Qualifications. The Assistant Chief and firemen shall not be less than twenty-one (21) nor more than fifty-five (55) years of age and able-bodied. Persons 18 to 21 may serve with written consent of parents or guardian. They shall become mem- bers of the fire department only after a six (6) months I probationary period. Persons who were members of the Fire Department on September 3, 1959, shall not be required to serve a proba- tionary period before receiving firemen's rating. 010166 * The Council may require that each candidate, before he may become a probationary fireman, must satisfy certain minimum requirements of height, weight, education and any other quali- fications which may be specified by the Council; and that he must pass a satisfactory mental and physical examination. Subd. (2) Loss of Membership. Firemen absent from three consecutive drills or calls unless excused by the Chief shall forfeit membership in the department. Subd. (3) Compensation. Members and officers of the Fire Depart- ment shall receive compensation as determined by resolution of the Council. In computing compensation for fires, one hour shall be con- sidered as the minimum to be paid to any fire- man or officer. Subd. (4) Relief Association. Members and officers of the Fire Depart- ment shall organize themselves into a Fire- men's Relief Association. 2.77 Practice Drills. It shall be the duty of the Chief~ when the weather permits, to hold a monthly practice drill of at least one hourus duration for the Fire Department and to give the fire- men instruction in approved methods of fire fighting and fire prevention. 2.78 Interference with Department. It shall be unlawful for any person to give or make, or cause to be given or made, an alarm of fire without prob- able cause, or to neglect or refuse to obey any reasonable order of the Chief at a fire, or to interfere with the Fire Department in the discharge of its duties. 010166 C HAP T E R 3 B U I L DIN G ~ n 3.00 FEE F 0 R S A N,D A P P LIe A T ION P E ~ M ITS. 3.01 Application. Every person applying for a permit under this Chapter 3 and Chapter 5, at the time of application, shall make a statement in writing, upon blanks and forms to be furnished by the Village for that purpose, which shall contain information as to the location, nature, extent and cost of the proposed structure, work, installation ortther purpose, as well as all other in- formation which the Clerk-Treasurer, Building Inspector, or other duly authorized person shall have the right to require under the ordinances of the Village, and such statement shall contain a declaration that the facts and representations therein made are true and correct, which statement shall be subscribed to by the person or persons, or officers or agent of the corporation, applying for said permit. 3.02 Granting of Permit. Upon such statement being filed as required in Section 3.01 and upon the payment to the Village by the applicant of the required fee for said permit, and upon approval of the appropriate Inspector, said permit shall be issued. 3.03 Fees. -------......- Subd. (1) Payment. The following named fees prescribed in Sections 3.04 through 3.14 are hereby established and required and shall be collected by the Village before the is- suance by it of any permits; and the Clerk-Treasurer, Building Inspector, or other persons duly authorized to issue such permit for which the payment of a fee is required under the provisions of this ordinance shall not issue any such permit until such fees shall have been paid to the Village. 010166 -;'( Subd. (2) Double Fees. Should any person begin work of any kind for which a permit from the Village is required by ordinance, without having secured the necessary permit therefor from the Village either previous to or during the day of commencement of any such work, he sha11s when subsequently securing such permit, be required to pay double the fees herein provided for such permits and shall be subject to all the penal provisions of this ordinance. 3.04 Building Permit Fees. The applicant for a permit under the "Building Coden, Section 3.20, as amended, shall pay to the Village at the time of making such application, the following fees: Subd. (1) Residential. For any permit for the erection of any building or structure other than commercial and industrial buildings and buildings of public assemblage or for the erection of any addition for similar occupancy to any existing building, the fee so charged, for each such building or addition included in such permit, shall be at the rate of $1.00 for each 1000 cubic feet, or fraction thereof, in cubical content. Subd. (2) Commercial or Industrial. For any permit for the erection of any commercial or industrial building or buildings of public assem- blage, or for the erection of any addition for similar occupancy to any existing building, the fee so charged shall be $1.00 for each 1000 cubic feet, or fraction thereof, in its cubical content, for the first 25,000 cubic feet and $.50 for each 2000 cubic feet or fraction thereof, in cubical content, in excess of 25,000 cubic feet. A minimum fee of $25.00 shall be charged for any permit issued under this subdivision. 010166 ~ " Subd. (3) E~~?ir or Alteration. For any permit for the repair or alteration to any existing building or structure the fee charged for such permit shall be at the rate of $1.00 for each $500.00, or fraction thereof, in the cost of all proposed work included in said permit, provided how- ever, that no fee shall be charged for issuance of such permit if the cost of all proposed work does not exceed $50.00. 3u(;!~. (L:.) GubJ.cal Content. For the purpose of computing fees for building permits as above provided, the cubical contents of any proposed building or addition to any existing buildings shall in the case of a building or ad- dition of approximately uniform height throughout be the product obtained by multiplying the ground area covered by such building or addition by the distance from a point of six inches below the floor line of the basement or cellar, where there is to be a basement or cellar, to the average height of the upper surface of a flat roof or to the average height of the roof surface of the main gable of a pitched roof. In the case of any proposed puilding or addition to any existing building, portions of which are of differing heights, its cubical contents shall be taken as a sum of cubical contents, simi- larly determined by said differing proportions com- puted separately. S~bd. (5) E~penses. All engineering, surveyor other expenses in- curred by the Village for the purpose of establish- ing street grades, or to determine that the appli- cant or permittee has or is complying with the regu- lations of this ordinance, or any other ordinance of the Village, shall be charged to the applicant or 010166 permittee as an additional fee for such permit. Subd. (6) Clean-up Deposit A $25.00 clean-up deposit may be collected at the discretion of the Building Inspector, which shall be refunded in whole or in part when the improvements are completed in accordance with the plans and specifications and all rubbish and uns1ightly material removed. 3.05 Electrical Permit Fees The applicant for a permit under the "Electrical Code", Section 3.60, as amended, shall pay to the Village at the time of making such application an issuance fee of $1,00, and, in additio~ the following fees: Subd. (1) Outlets For each permit for new or additional electric light wiring, for the first ten (10) lighting out- lets, or for any fraction thereof, if less than ten (10), there shall be a minimum fee of $2.75; and for each ten (10) such outlets, or fraction thereof, in excess of the first ten (10), there shall be an additional fee of $1.35. Lighting outlets shall be construed to mean any outlets installed for lighting fixtures, wall re- ceptacles or floor receptacles where such re- ceptacles are permitted on branch lighting circuits. Every such receptacle shall be considered a separate outlet. The outlet fee shall cover the installation of the wall receptacles or floor receptacles. Light- ing outlets shall also be construed to mean any out- lets installed for future connection for lighting purposes. 122766 ~ n For the purpose of this ordinance, each group of lights for window illumination, rigidly attached to one another and made up and installed as one unit and said unit insulated from all grounded metal work in the manner provided by ordinance for fixtures, shall be considered as one (1) outlet only, when estimating the fee for a wiring permit, and as fixture only when estimating the fee for a fixture permit. Subd. (2) Sign Circuit. For each permit for wiring for and/or connecting an electric sign, for the first branch circuit re- quired for such sign, $2.00; and for each additional branch circuit required for such sign, 50 cents. Subd. (3) Heating Devices -- Motors -- Transformers. (A) Motors. For each permit for wiring for, installing and connecting electric motors, or other ap- paratus rated in horsepower (H.P.) there shall be a minimum fee for the first one (1) H.P., or fraction thereof, of $2.00; for each additional horsepower (H.P.), or fraction thereof, in excess of one (1) H.P., but not exceeding two hundred (200) H.P., 20 cents; for each additional ten (10) horsepower, or fraction thereof, in excess of two hundred (200) H.P., 20 cents. (B) Transformers. For each permit for wiring for, installing and connecting transformers for lighting or heat or power, generators, heating devices, rectifiers or other apparatus rated in watts, there shall be a minimum fee of $2.00 for the 010166 * first one (1) Kilo~volt-ampere (K.V.A.) capa- city or fraction thereof, except for replace- ment of an electric range for cosmetic use, the fee shall be $2.00. For each additional Ki10-vo1t-ampere capacity, or fraction thereof, in excess of one (1), but not exceeding two hundred (200) K.V.A., $.20. For each additional ten (10) Ki10-vo1t-amperes capacity, or fraction thereof in excess of avO hundred (200) K.V.A, $.20. (C) Computation of Units. In determining the amount of the fees in this subdivision (3.05(3)), the units in each class of the apparatus enumerated in this sub- division shall be figured collectively but each class shall be figured independent of tbe other class, and motor-generators shall be rated ac- cording to the rated horsepower of the motor only. Subd. (4) Sockets. For each permit for the installation of lamp sockets or lamp receptacles for use on lighting fix- tures and drop cords or attached directly to the outlet, the minimum fee shall be $1.25 for the first ten (10) sockets or receptacles, or for any fraction thereof, if less than ten (10). For each additional ten (10) such sockets or receptacles, or fraction thereof, in excess of the first ten (10), $1.00. Subd.(5) Socket, Borders Strips Outline. For each permit for the wiring of each complete outline lighting (other than luminous tube lighting), marquee, stage border, stage footlight group, stage proscenium strip, stringer lighting over private property, or temporary lighting when permitted, the 010166 ~ ft fee shall be $1.25 for the first ten (10) sockets 3 or receptacles, or for any fraction thereof, if less than ten (10)3 including the installation of such sockets, or receptacles~ For the next twenty (20) sockets 3 or fraction thereof, $1.00. For the next thirty (30) sockets 3 or fraction thereof3 $1.00; and for any fifty (50) sockets, or fraction thereof, in excess of the first sixty (60) such sockets, or receptacles, $1.00. Outline lighting shall be construed to mean that class of lighting used on the outside of buildings to mark the outlines thereof by the use of in- candescent lamps. '~u?d. (Q) L~inous Tubes. For each permit for wiring for and/or instal- ling outline, decorative, display or other lighting employing luminous tubes energized by transformers, for the first five hundred (500) volt-amperes, or fraction thereof, $2.50; for each additional one hundred (100) volt-amperes, over the first 5003 $.20. This volt-ampere rating shall be based on primary current and voltageo Subd. (7) ~ign end_Billboard Wiring. For each permit for the wiring of each elece~ ric sign for outdoor use or of each billboard, em- ploying incandescent lamps for illumination, or luminous tubes energized by transformers3 for the first five hundred (500) volt-amperes, or fraction thereof in the capacity of such sign or billboard, $2.50. For each additional one hundred (100) volt- amperes 3 or fraction thereof3 $.20. 010166 .... '" The words, liwiring of", as used in this subdivi~ sion 3.05 (7), shall be construed to include all electrical fittings and devices in or attached to the exterior of any such sign or billboard, but not including any supply wires thereto. C--b':~ 10 \ .JU.\.j. \U) ?1~ -~~~ n0 ~~d. 0 . .c".....E J.. c::::. ~ .:..o~_"" c..lL' LEpa1.r s . "-"---"'-"'~-"""---'~'''' _."~~....~':. ....... For each permit for the alteration, rearrange- ment or repairing of existing electrical equipment, or for other electrical work not included in the above, $3.00 for the first one hundred dollars ($100.00), or fraction in the estimated cost thereof. For each additional one hundred dollars ($100.00), or fraction thereof, in the cost of such proposed work, $1. 50. (' " ". r1 ,( a '. " om'-.J ne d P p rml.' t . .;),-d.,;~;. .\/) ~ w-'- _ Where a combined permit is issued for both wiring and fixtures, the fee to be charged for such permit shall equal the combined fees, as above set forth, for each such class of such work of in- stallation. " . . (10) Movig[iJt~cJurG M~~hines. For: each permit fo,c 1;',.'iring for, installing and connecting moving picture machines, for each complete machine, $5.00, not including the recti- fying apparatus. Subd. (11) _~~~~atteries. For each permit for wiring for, installing ~ and connecting a storage battery, for each ten (10) kilowatt hours rated capacity, or fraction thereof, $2.50. 010166 Subd. (12) Decorative For each permit for installing and connect- ing outdoor seasonal decorative stringer lighting over public property, whether connected to street lighting or serviced from adjacent buildings, each such stringer, including the electrical service thereto, $2.50. Subd. (13) Fire Alarm Systems For the installation of fire alarm systems connected to the Municipal Fire Alarm System, for 1 to 5 stations, inclusive, Five Dollars ($5.00); for each additional group of j 10 stations, or frac- tion thereof, Five Dollars ($5.00). The total fee shall in no instance exceed the sum of Forty Dollars ($40.00). 3.06 Plumbing Permit Fees. The applicant for a permit under the ilPlumbing Codel' Section 3.70, shall pay to the Village at the time of making such application an issuance fee of $1.00, and, in addition, the following fees: Subd. (1) Regular Fee The fees for all plumbing permits shall be computed on the basis of the number of plumbing fixtures and/or devices provided for in such permits, whether subsequently so installed or not, and the fee for each such fixture so provided, ex- cept as hereinafter otherwise specifically provided, shall be $1.00. Subd. (2) Fixture Openings Where any such permit is issued for the installa- tion of plumbing work providing for certain pro- 122766 ..t. " posed fixtures which are to be installed or set later and for which fixture openings are to be left, a fee of 85~ shall be charged for each such opening, which fee shall be in addition to the fee charged for other plumbing work, if any, included in the same permit. Subd. (3) Settin~ Only. vfuere any such permit is issued for the setting only of certain plumbing fixtures for openings pre- viously left for same, a fee of 70~ shall be charged for each such fixture, which fee shall be in ad= dition to the fee charged for other plumbing work, if any, included in the same permit. Subd. (iF), Mise. Fixtures. Where any such permit is issued for any of the following specifically mentioned plumbing fixtures or other devices the fee which shall be charged for each such fixture or device shall be as follows and shall be in addition to the fee charged for other plumbing work, if any, included in the same permit: Beer dispenser, one connected with water supply Blow-off basin Catch..basin Electric water heater New ground run for existing building Hydraulic valve Sub or receiving tank Water softener '>, Subd. (5) Definition. $1.00 3.00 3.00 2.00 2.00 2.00 3.00 2.00 A plumbing fixture means and includes any sink, 010166 * laundry tub) bath tub) wash basin~ drinking fountain, floor drain or any other plumbing device arranged to be connected with the sewer or plumbing system) either directly or indirectly, and required by this Code to be trapped. 3.07 gas Fittin~ Permit Fees. The applicant for a permit under the HGas Pppliances) Piping and Equipmentt1 Ordinance, Sec tion 3.80, shall pay to the Village at the time of making such application the following fees: Subd. (1) Regular Fees. For installing gas piping) providing for not to exceed 10 gas fixtures or gas devices) $1.50; for any such permit providing for from 11 to 25 such fixtures or devices, $2.00; for any such permit pro- viding for more than 25 such fixtures or devices, $3.00. For any permit for installing gas stoves, ranges, hot plates, steam tables~ dental devices, refrigerators, retorts, bake ovens, room heaters, barbecue grills, hair dryers or other similar gas burning devices~ the fee charged shall be $1.25 for each such device. This $1.25 fee shall be in ad- dition to the other fees charged provided for in- stallation of any gas piping for these devices or for any other gas fitting work included in this permit. Subd. (2) Gas Heater Fees. For any permit for installing gas water heaters, $1.50 for each device included in such permit. The fee of $1.50 shall be in addition to the fee pro- vided for the installation of any gas piping for said device or for any other gas fitting work in- cluded in the permit. For any permit for installing, alterating or repairing gas burners and for gas burning equipment) $2. For use in connection with a heating 010166 * system the fee charged shall be that provided for the permit for the installation of any gas piping for the burner and for equipment. .Subd. (3) Combined Fees. Where any permit is issued for both gas p~p1ng and plumbing the fee for such permit shall be equal to the combined fees for each of the classes of work or installation. 3.08 House Moving Permits. The applicat11ll for a permit under the "Building Movingli Ordinance, Section 3.140, shall pay to the Village at the time of making such application a fee of $10.00. 3.09 Digging and Excavating Permits 0 The applicant for a permit under the "Filling, Excavating, DiggingH Ordinance, Section 3.100, shall pay to the Village at the time of making such appli- cation, a fee of $25.00. In the event the Council determines that the actual cost to the Village as to direct and indirect expense connected with the issuance of such permit is less than $25.00, the Council may reduce the fee to the estimated actual cost to the Village. 3.11. Sewer Permit Fees. The applicant for a permit under the iiSe~ver Ordi- nanceH Chapter 5, shall pay to the Village at the time of making such application the following fee: Subd. (1) Building Sewer. For residential building sewer permits, $7.50 and for a commercial and industrial building sewer permit, $11.50. This fee shall be separate from and in addition to any connection charges payable. 010166 * (2) Repair or Alteration. For repair or alteration to any existing sewage disposal system~ $1.00 for each $500.00~ or fractbn thereof~ in the cost of all proposed work included in said permit~ with a minimum of $1. 00 regardless of the cost of the proposed 'tvork. 3.12 Water Connection Permit. The applicant for a permit under the liWater Codeil~ Chapter 5, shall pay to the Village at the time of making such application the fee of $10.00 which fee shall be sepa- rate from and in addition to any connection charges. 3013 Well Drilling Permit. The applicant for a permit under the iiWel1 Drilling Ordinanceii, Section 3.l20~ shall pay to the Village at the time of making such application the fee of $5.00. 3.14 Ewimming Pool Construction Permit, The applicant for a permit under the llprivate S'tvim- ming Poolli Ordinance, Section 3.110, shall pay to the Village at the time of making such application the fol- 10't<7ing fee: The sum of $10.00 to construct a swimming pool, and the sum of $5.00 for constructing any ad- ditions~ improvements~ alterations or for remodel- ing of an existing swimming pool. 010166 * 3.20 B U I L DIN G COD E 3.21 Purpose. The purpose of this Building Code is to establish certain minimum standards and requirements for safe and stable design, methods of construction, and use of mater- ials in buildings and structures hereafter erected, con- structed, enlarged, altered, repaired, moved, converted to other uses, or demolished; to regulate the equipment, maintenance, and occupancy of all buildings and structures within the Village limits for the purpose of promoting and safeguarding the public health, safety, convenience, pros- perity and general welfare in said Village and for the pro- tection of property from fire. The provisions of this Building Code shall be deemed to supplement any and all State laws relating to buildings. 3.22 Scope. This Building Code shall apply to all buildings and structures hereafter constructed or altered in the Village, except that it shall not apply to farm buildings such as barns, implement sheds, storage buildings, animal shelters and silos, but permits for such structures shall be required~ For the purpose of this Building Code, a farm is de- fined as a plot of ground not less than ten (10) acres in area from which the owner, occupant or lessee derives all or a substantial part of his income by agricultural pursuitso Any conversion, enlargement, partial demolition, or repair of any building or structure, or any part thereof costing in excess of $100.00, including the sewage disposal system, shall be deemed to be an alteration subject to the provisions of this Building Code. 010166 3.23 Application to Existing Buildings. The following specified requirements shall apply to existing buildings which do not conform to the requirements of this Building Code for new buildings: Subd. (1) Major Alterations or Repairs. If alterations or repairs in excess of 50% of the sound value of an existing building are required in an existing building or made to an existing build- ing at anyone time within a period of 12 months, the entire building shall be made to conform with the re- quirements of this Building Code for new buildings or shall be entirely demolished. Subd. (2) Ch~ed Use. If the existing use or occupancy of an existing building is changed to a use or occupancy which would not be permitted in a similar building hereafter erected, the entire building shall be made to con- form with the requirements given herein for new buildings; provided, however, that if the use of occupancy of only a portion or portions of any exist- ing buildings is changed and such portion or portions are segregated as specified in this Building Code, then only such portion or portions of the building need be made to comply with said requirements. Subd. (3) Additions. Any existing building not regulated by the pre- ceding subdivisions (1) and (2) which has its floor area or its number of stories or height or occupancy changed, shall be provided with stairways, emergency exits or fire protection facilities as specified in this Building Code for buildings hereafter erected for similar use or occupancy. 010166 Subd. (4) Minor Alterations or Repair~. Every alteration or repair to any structural part or portion of an existing building shall, when deemed necessary in the opinion of the Building Inspector, be made to conform to the requirements of this Building Code for new build- ing. Minor alterations, repairs and changes not covered by the preceding subdivisions (1), (2) and (3) may be made with the same materials of which the building is constructed; provided, that not more than 25% of the roof covering of any building shall be replaced in any period of 12 months unless the entire roof covering is made to conform with the requirements of this Building Code for new buildings. 3824 Maintenance Requirements. The requirements contained in this Building Code covering the maintenance of buildings shall apply to all buildings and structures now existing or hereafter erected. All buildings and structures and all parts thereof shall be maintained in a safe condition and all devices or safe- guards which are required by this Building Code at the time of erection, alteration, or repair of any building, shall be maintained in good working order. This section shall not be construed as permitting the removal or non-maintenance of any existing device or safeguard unless authorized in writing by the Building In- spector. 3.25 Permit Required. It shall be unlawful to erect or construct any build- ing or structure, or add to, enlarge, move, repair, alter, convert, extend or demolish any building or structure or cause the same to be done, or to install as a part of any building or structure, an elevator, fire escape, plumbing, 010166 gas fitting, air conditioning, electric wLr~ng, or heat- ing, or heat producing appliances or similar fixtures without first obtaining a permit therefor. For the purpose of this Building Code, the construc- tion of a building shall be considered as hav~ng commenced when the excavation is started, or if there is no excava- tion, when the first work is performed upon either the foundation or superstructure. Construction hereafter performed not in conformity with this Building.code shall be removed. 3.26 Application for Permit. Any person desiring a permit as required by this Building Code shall file with the Building Inspector an application therefor in writing on a blank form to be furnished for the purpose. Subd. (1) Land Description ahd Surve~. Each such application for a permit shall describe the land upon which the proposed building or work is to be done, either by lot, block and p1~t or tract, or similar description that would readily identify the site and definitely locate the proposed building or work. The Council may, upon recommendation by the Building Inspector, require a survey of the lot upon which the proposed building or work is to be done which survey shall be prepared and attested by registered survey; the survey shall indicate the measurements of the property, and shall definitely establish the location of all buildings on the property, if any, and all of the lot lines by means of iron monuments firmly imbedded in the ground, or otherwise as the Building Inspector may require. 010166 Subd. (2) Propose.d. Use:.. Every such application shall show the pro- posed use or occupancy of all parts of the building and such other reasonable information as may be re- quired by t~~ Building Inspector. Sebd. (3) Plans and Specifications. Copies of plans and specifications and a plot plan showing the location of the proposed building and the locations and dimensions of every existing building which is to remain thereon, both of which are more fully described in Section 3.27, shall accompany every application for a permit and shall be filed in duplicate with the Building Inspector; provided, however, that the Building Inspector may authorize the issuance of a permit without plans, specifications or plot plan for small or unimportant work or for work where plans, specifications and/or plot plan are obviously unnecessary. Subd. (4) Amendments, Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying the application at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application, and fees for such amendments shall be required upon the same basis as for the original permit. 3.27 Plans and Specifications. Plans and specifications shall be accurate and sufficiently complete to set forth and describe the in- tended physical improvements and the quality, sizes and grade of material and workmanship to be incorporated in the improvements. Two sets of plans and specifications should be submitted which shall include: 010166 Subd. . (1) General Rec:Juirements. Plans shall be drawn to scale upon substantial paper or cloth, or they may be blue prints or other prints, and the essential parts shall be drawn to a scale of not less than one-eigth (1/8) inch to one foot, excepting the plot plan. Plans and specifications shall be sufficiently clear to illustrate the nature and character of the work proposed and to show that the law will be com- plied with. Engineering and other data necessary to show conformity to the provisions of this Build- ing Code shall accompany the plans and specifica- tions when so required by the Building Inspector. Any specifications in which general expressions are used to the effeet that "work shall be done in accordance with the Building Code" or "to the satis- faction of the Building Inspector," shall be deemed imperfeet and incomplete and every reference to this Building Code shall be to the section or sub-section applicable to the material to be used or to the methods of construction proposed. All plans shall bear the name of the owner, architect, structural engineer or designer. Subd. '(2) Plot Plan. Plot plan showing lot sizes, easements, if any, location of all buildings, walks and drives. The plot plan that shall accompany each applica- tion for a permit to erect an apartment house shall contain the following information: Project name, location, owner, designer, date of plan, zoning, acreage, parking required, North, scale, building 010166 plan, type of structure, property limit, streets, easements, setbacks, parking facilities, perti~ nent elevations, dimensions, adjacent zoning and uses, proposed and existing topography, location and identity of all existing shrubs and trees that are anticipated to be remaining after con- struction and all shrubs and trees proposed to be planted ~ediately after erection of the building. Subd. (3) .F1Qo~~Plans. Floor plans, including basement or foundation plan. Subd. .(iJ.).,.Exterior Elevations. Exterior elevations of the front, rear, and sides, showing openings and sizes, wall finishes, flashing, present and finish grades, depth of footings, finish floor and ceiling heights. Subd... (5) D.etails for. Design and Con~truction. Details, sufficiently complete to indicate clearly the extent of the work, its design and con- struction. A cross-section is usually advisable. However, if standard details are to be used they may be described in the specifications. Subd.' (6) Materials. Specifications shall include a description of the quality, kind and grade of all materials, equip. ment, construction and workmanship. G10166 Subd. (7) De~ree. o(,Detail. The degree of detail which shall be con- tained in the plans and specifications will be controlled to a great extent by the nature of the contemplated building. Large complicated struc- tures will require more detailed drawings; simple and straightforward structures will require less. 5'ubd. (8) Small' Dc;'7ellings. For small dwellings of simple construction and of simple straightforward plan, drawings may consist of plot plan, floor plan, foundation plan, two elevations and cross-sections through exterior walls from bottom of footings to roof. The speci- fications may be eliminated on such dwellings at the discretion of the Building Inspector, pro- vided the drawings are described with sufficient notes to determine the kind, sizes and quality of all material, equipment, and workmanship to be incorporated in the improvements. Subd. (9) Disposition. of Plans and Specifications 'n When the Building Inspector issues the permit he shall endorse in writing or stamp both sets of plans and specifications "Approved.1I One such approved set of plans and specifications shall be retained by the Building Inspector as a public record, and one such approved set of plans and specifications shall be returned to the applicant, which set shall be kept on such building or work at all times during which the work authorized thereby is in progress and shall be open. to inspection by public officials. 010166 Such approved plans and specifications shall be not changed, modified or altered without auth- orization from the Building Inspector, and all work shall be done in accordance therewith. 3.28 Permit. The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Inspector and if found to be in conformity with the re- quirements of this Building Code, the Zoning Ordinance, Chapter 4, and all other laws and/or ordinances applicable thereto, the Building Inspector shall, upon receipt of the required fee and upon compliance with all other pre- requisites provided herein, issue a permit therefor, within a reasonable time, together with a suitable card showing that a permit has been issued, to be posted at an entrance to the structure. No permit for a commercial or industrial building or buildings for public assemblage shall be issued until approved by the Council. 3.29 Notice to Building Inspector. It shall be the duty of any person to whom a permit is issued for the construction of any building or struc- ture, as required by this Building Code, to notify the Building Inspector immediately upon completion of work on the first floor joists and again when the building is ready for lathing or other wall finishing. It shall be unlawful for any person to cover said first floor joists or to commence lathing or other wall finishing until said construction is inspected and approved by the Building Inspector, provided, however, that if said inspection is not made within twenty-four (24) hours after notice is received by the Building Inspector, construction may be continued according to the plans and specifications sub- mitted and approved. 010166 3.31. Revocation and Expiration of Permits. Should the Building Inspector find that the con- struction or alteration for which a permit was issued is not proceeding according to the plans and specifica- tions submitted to him, he shall give notice to the person to whom such permit was granted, or the person in charge of such construction or alteration, of such finding and of the particulars in which such plans and specifications are not being complied with, whereupon such construction or alterations shall be made to con- form to said plans and specifications~ If, after such notice, the corrections are not made to make such con- struction or alteration conform to such plans and specifications, the Building Inspector shall revoke such permit, by a written notice tc:) be given to the person to whom such permit was granted, or to the person in charge of such construction or alteration; or by a ilCondemned" sign being posted on the structure. If the construction or alteration for which a permit was issued is not commenced within six (6) months after the date of issuance of such permit,. such permit shall expire and be of no effect. If the construction or al- teration of a building of structure is commenced and is in actual progress within six (6) months after the per- mit therefor is issued but is not completed within a year after the date of such issuance, the permit shall expire at the end of the year. Buildings or structures having exterior walls made up of building paper or un- painted wood shall not be considered as completed within the meaning of this Building Code. Upon the expiration or revocation of a permit all fees shall be forfeited. It shall be unlawful to commence or to proceed with the construction or alteration for which a permit was issued and subsequently was revoked or expired until a new permit is issued therefor; or if a building or structure is condemned by a sign being posted thereon, until the removal of such condemned status by the Building Inspector. 010166 3.32 Fees. The applicant shall pay the fees provided in Section 3.04. 3.33 Safety of Structures. Subd. (1) Design_and Construction. All parts of every building shall be so designed and constructed as to safely carry the loads to be imposed thereon and to be reasonably free from the danger of fire. Sound, proper and a good grade of materials shall be used in all buildings or structures hereafter constructed or altered. All work thereon shall be performed in a workmanlike manner, and the materials and construction shall in all other respects conform to good engineering practice. Subd. (2) Unsafe~Struc~ures. Any building which, due to age, deterioration, fire, lack of sanitary facilities, or any other cause, becomes so unsafe as to endanger the public or its occupants in any manner, or other structure or property, or to be unsafe for its intended use, shall not be rebuilt or repaired unless the Build- ing Inspector in his judgment determines that it can be done so as to be made safe for such use or occupancy, subject to review on appeal to the Council. The standards and procedures established by Section 9.40,UDangerous BuildingsU, shall apply and govern such determinations. Subd. (3) Endanger Life_. Whenever any building or structure is being constructed or demolished in such manner as to endanger life or property, the Building Inspector may order such work discontinued, and it shall not be resumed until he is satisfied that adequate measures have been taken for safety. 010166 3.34 Residential Lot Area and Accessibi1it~. Subd. (1) Front Footage. No dwelling shall be constructed upon a lot or plot having front footage less than or an area less than the requirements of the Zoning Ordinance, Chapter 4. Subd. (2) Abut. Street. No permit shall be issued for the construction of a dwelling, residence or residential structure unless the tract or plot which it is to be con- structed upon abuts upon abuts upon a public street. Sgbd. (3) One Dwelling. Not more than one dwelling, residence or resi- dential structure shall be constructed upon one plot or tract of land, unless the same is of sufficient area and so situated as to be divided into two or more tracts or plots of ground, each of which meets the foregoing requirements as contained in Sub- divisions (1) and (2) and each dwelling would be upon a separate tract, when divided, which division shall be made prior to issuance of the permit. Subd. (4). Set-back. Residential structures shall be constructed in compliance with the set-back requirements of the Zoning Ordinance, Chapter 4. Subd. (5) Lot Lines. No door or any building or structure, or fence shall be erected, constructed or maintained so as to extend beyond the owner's property line. 010166 Subd. (~) Future Streets. No building permit shall be granted for con- struction of a building or structure of any nature, so placed as to obstruct or interfere with the con- struction of any street or proposed street, and allowing for required building set-backs, in con- formity with existing streets and extensions thereof and with any plan of future streets approved by the Council. 3.35 Height and Area. Except as specified in this section, no building hereafter erected within the Village limits having walls of hollow building tile or concrete blocks, shall exceed three (3) stories, or forty (40) feet in height unless it is of fireproof construction. The floor area between fire walls of non-fireproof buildings shall not exceed the following: vJhen fronting on one street--5,OOO square feet; when fronting on two streets-~6,000 square feet; and when fronting on three streets--7,SOO square feet. These area limits may be in- creased under the following conditions as indicated: For non-fireproof buildings, fully equipped with approved automatic sprinklers--66 2/3%. For fireproof buildings--50%. For fireproof buildings, fully equipped with automatic sprinklers--100%. Provided, that nothing in this ordinance shall be understood to permit the construction of any building of a greater height than is permitted in the district where it is to be located, for buildings of that character under the Zoning ordinance, Chapter 4. 010166 3.36 Space Requirements and Exits. All buildings and structures intended for human occupancy as a residence, or for purposes of employment, including all dwelling houses and commercial buildings, shall be of sufficient height and size to provide for the following: Subd. (l)'Ccilin~ Hc~ghts. The minimum ceiling height in any room shall be seven and one-half (7 1/2) feet, excepting within rooms having sloping ceilings where the minimum shall be seven and one-half (7 1/2) feet for not less than 50% of the floor area. c: -}., ;,~"" .( r,:' '\ ..... ..J_'-" ;,; 4-1 f.E..~~._~C guir_<::men~_~. (A) Living Room. Each living unit shall provide not less than four (4) habitable rooms, of which one habitable room shall be designed for living use, and shall have a floor area of not less than 180 square feet. This room, referred to as the v1living room", may have a floor area of not less than 150 square feet, pro- vided tnat it is connected witn an9tper room, or rooms, by an opening or openings having a total width of not less than 50% of the total width of the common wall or walls in which the openings occur; the width of each opening being not less than five (5) feet; and the total of the floor areas of all the rooms so connected is not less than 250 square feet, and that all of the rooms so connected be con- sidered together as the "living room". 010166 (B) Other Rooms. Each of the other habitable rooms shall have a floor area of not less than 120 square feet for the first such room, 100 square feet for the second such room and 90 square feet for any additional rooms, including the kit- chen. No habitable room, except the kitchen~ shall be in any part less than 7 feet in v7idth. (C) Preparation of Food. Where facilities for the storage or prep- aration of food are located in a room other than a kitchen, the area of such room shall be increased beyond the above-stated minimum re- quirements by an area equal to that occupied by such facilities. (D) Halls and Stairways. The floor area covered by halls and stair- ways shall be excluded in determining the mini- mum space requirements for living units. (E) Storage and Bathroom. Each living unit shall have in addition to the habitable rooms, storage or closet space having a floor area of not less than 15 square feet and in addition thereto 15 square feet for each bedroom or room used for sleeping quarters, and bathroom having a floor area of not less than 48 square feet. 010166 (F) Utility Room. If the dwelling has no basement, it shall contain a utility room having a floor area of not less than 100 square feet. (G) Zoning Ordinance. Provided, however, that nothing in this section shall be construed to permit the construction of any building with a floor area less than that required by the Zoning Ordinance, Chapter 4. ~ubd. (3) E~its, In all buildings hereafter erected or remodeled to provide space above the first floor for occu- pancy as a residence or as a place for employment or conducting a business, there shall be at least two (2) means of egress from the floor or floors above the first floor, each remote from the other, one of which shall be an enclosed stairway. All buildings intended to be or, in fact, used for human occupancy, either as a place of residence or employment, shall provide at least two (2) doorways for egress from the first floor, and if the upper floors are used as separate family units or as a place of employment, they shall, likewise, provide at least two (2) doorways for egress there- from. 3.37 Foundation and Walls. All exterior and division bearing walls of buildings shall conform to the following: 010166 Subd. (1) Footings. All shall have a foundation or basement wall with footings at least one and one-half (1 1/2) times the thickness of such foundation wall or basement wall, shall extend at least 4 inches out on each side of such foundation or basement wall, and shall be at least 8 inches in depth. Footings for all exterior walls shall be at least 42 inches below grade level. Subd. (2) Walls. Solid masonry exterior walls or concrete blocks of dwellings not exceeding 20 feet in height, ex- clusive of gable, and occupied by not more than two families, may be not less than 8 inches thick above grade, and shall be not less than 12 inches thick below grade. Solid reinforced concrete walls of dwellings shall have an aggregate thickness not less than 8 inches. If the masonry walls are built hollow or are constructed of hollow clay or concrete units, the allowable height of the 8-inch portion shall be limited to 20 feet, and the remaining lower portion shall be at least 12 inches thick. not For dwellings over 30 feet high, but/exceeding 40 feet in height, the exterior masonry walls may be 8 inches thick for the uppermost 20 feet and shall be at least 12 inches thick for the remaining lower portion. Solid party and division walls of dwell- ings shall be not less than 8 inches thick for the uppermost 20 feet and shall be at least 12 inches for the remaining lower portion. Such party and division walls, if hollow, or if built of hollow clay or concrete units, shall be not less than 8 inches thick. 010166 Walls in skeleton construction shall be supported by girders at each story, and shall be not less than 8-inch "I" beam, or its comparable. Reinforced concrete walls, with the steel re- inforcement running both horizontally and vertically, and weighing not less than one-half pound per square foot of walls, may have a thickness 4 inches less than prescribed for block walls, but in no case less than eight (8) inches in thickness. Rubble stone walls shall be 4 inches thicker than required for block walls. The foundation walls of all buildings over two stories in height~ except as above provided, shall be 4 inches thicker from footing to grade than re- quired for the remainder of the wall. All exterior and division or party walls over one story high, shall extend the full thickness of the top story to at least one-half foot above the roof surfacing of a building on 3 sides as a parapet and be properly coped with stone, brick, metal or other material which will resist the weather and corrosion, excepting walls which face on a street and are finished with incombustible cornices~ gutters, or drown moldings; excepting also the walls of de- tached dwellings with peaked or hipped roofs. The parapet walls of warehouses and all manufacturing or commercial buildings shall extend one or more feet above the roof. Fire walls shall be continuous from foundation to 1 foot above roof level and shall be coped. Brick or concrete walls of buildings which under this Building Code could be of wood, may have a mini- mum thickness of 8 inches. Such walls shall not 010166 exceed two stories or 30 feet in height, exclu- sive of gable, nor shall they exceed 35 feet in length unless properly braced by cross walls, piers or buttresses. No wall built of concrete blocks or structural clay tile shall have a height between horizontal lateral supports of more than 15 times its thick- ness. Brick or other solid units shall not have a height between horizontal lateral supports of more than 22 times its thickness. The allowable working stress on all masonry construction shall not exceed 1/10 of its ultimate strength. All walls and partitions in schools, hospitals and places of public assemblage, over one story high, and all walls and partitions in theatres, shall here- after be built of brick, stone, concrete, hollow or solid concrete blocks, or metal lath, and Portland cement, plaster on metal studding, or other equiva- lent incombustible construction. The mortar used for all 8-inch walls, fire walls, foundation walls, walls for skeleton construc- tion, and all walls built of hollow building tile or concrete blocks, shall be either Portland cement mortar or two parts Portland cement, one part lime, and not more than 6 parts sand by volume. All basement floors or grade level floors con- structed of concrete shall be not less than 3 1/2 inches in thickness~ 3.38 Brick Facingo All exterior walls of commercial and industrial buildings e of lYril pIe "aiD.g Iding.s .with three or more building units (Ipnpr~m~nts) pr~0~~~ or al~~ra~ ~o aA to requ~re ". . -. _.- )::-- -~. ,,- ...-..--, ...... ~ / ".- ~- "..~ "- '.... "- "-" t.. '- \::: U LJ J..,; .L compliance with this Iding ~ode as provided in Section 3.23 shall 010166 3.41 Joists, Rafters and Studdings. Each dwelling shall have floor joists of at least 2!i x 8" for a l2-foot maximum span, 2ii x 1011 for a 16Q foot maximum span~ and 211 x 12u for an 18-foot maximum span. Ceiling joists shall be at least 2" x 4.11 on an approved trussed roof; 2" x 6H for a maximum span of 12 feet; 2H x 811 for a maximum span of 16 feet, and 2" x lOr; for a span in excess of 16 feet, all of which shall be Number 1 grade lumber. Rafters and studdings in exterior walls shall be 2!l x 4ii for a maximum span of 16 feet, and 2V1 x 6~i for a greater span. Purlin bracing on 32-inch centers shall be used on rafters. All framing including joists, studdings and roof rafters shall be not greater than 16 inches apart from center to center, providing that such joists, rafters and studdings used in the construction of private garages and outbuildings shall be not more than 24 inches apart from center to center. 3.42 Ceilings. The minimum ceiling height in any room shall be 7 1/2 feet, excepting within rooms having sloping .cei1ings where the minimum shall be 7 1/2 feet for not less than 50% of the floor area. 3.43 Doors, Window and Ventilation. Each dwelling shall have not less than 2 exits lo- cated on different sides of the building and the. front or main entrance of which shall have a door having an area of not less than 31 x 61811 and the rear or side door having an area of not less than 2'8ft x 618ft. The total glass area of required windows in any habitable room shall not be less than 10% of the floor area of the room; lj2 of the area of the windows opening upon an open porch may be used in figuring the required glass in the room in which they occur. 010166 The total area of ventilating portions of required windows in any habitable room shall not be less than 4% of the floor area of the room except where mechanical air change is provided. Bathroom and water closet compartments shall be provided with ventilation by either a window or windows in an exterior wall facing a street, alley, yard or outer court; a skylight or skylights, the construction of which provides ventilation to the outside air; a connection to a vent, shaft or duct extending to and opening above the roof, or a mechanical means of air exchange. 3.44 Plumbing Required. Each living unit shall be provided with the follows ing plumbing fixtures as a minimum requirement: (1) A kitchen sink, properly located to facilitate food preparation, cooking and dishwashing. (2) A \-7ater closet, located either in the bath- room or in a separate toilet compartment. (3) A bathtub or shower, located in a bathroom or other equivalently ventilated space. (4) A lavatory readily accessible to all rooms. Each of the plumbing fixtures shall be permanently installed and connected to a water supply and sewage dis- posal system. 3.45 Electrical Installation Requirements. All electrical wiring, apparatus, or appliance for furnishing light, heat or power shall be installed in strict conformity with the State statutes, with the Elec- trical Code, Section 3.60, and with approved methods of construction for safety to life and property. 010166 3.46 Water Supply Requirements. Subd. (1) ~unicipal Water System. Where the new building construction is in an area which the Council determines by resolu- tion will or can be serviced by the municipal water system within a reasonable time upon the construc- tion of trunk mains, connection to the ~unicipal water system shall be in accordance with the il1iJater Code", Chapter 5. Subd. (~) Private Wells,' Where the new building construction is in an area not covered by Subdivision (1) or where a special permit has been granted by the Council even though covered by Subdivision (1), the type, con- struction and location of wells shall be in accord- ance with the "Hell Drilling OrdinanceH. 3.47 Sewage Disposal System. Every residence is hereby required to have an in- side toilet and sewage disposal system. Subd. (1) Sanitary Sewer. Where public sanitary sewer is available in the street abutting the property upon which a res- idence is constructed, the residence shall be con- nected to such sanitary sewer in accordance with Chapter 5. Subd. (2) ~rivate Disp~sa1. Where public sanitary sewer is not available in the street abutting the property upon which a residence is constructed, and where a special per- mit is obtained from the Council, private disposal may be constructed. 010166 The type~ construction and location of the septic tank or cesspool and tile disposal field shall be in accordance '\.vith the HSe't..ver Code' , Chapter 5. In no event shall a private disposal system be constructed unless the lot or parcel contains at least twice the minimum requirements of lot area for dwelling unit provided by the "Zoning Coden, Chapter l~. The effluent from a septic tank must dis- charge into an approved absorption field or sewer line. It shall never be discharged directly into a stream, open ditch or upon the surface of the ground. (3) Outdoor Toilets. No outdoor toilets shall be permitted or used. 3.48 Roofs. Roofs of all dwellings and all buildings not exceed- ing three stories or 35 feet in height, or 3,500 square feet in area, and not used for factories, warehouses or mercantile purposes, may be covered with composition shingles or ready roofings of a grade ranking not lower than Underwriters' Laboratories Class C, or with vertical or edgegrain wood shingles, or asbestos or slate. Com- position shingles or ready roofing shall be laid so that there is not less than two overlaps at any point. Approved rolled roofing if and when used, to be laid in accordance '\.vith manufacturer' s recommendations. The thickness of five wood shingles measured at the butt shall be not less than 2" (American Lumber Standard"): 010166 Roofs of all other buildings shall be covered with hard incombustible materials of standard quality such as brick, concrete, tile, slate, metal or asbestos cement shingles or built-up roofing \<7ith gravel, slag or other incombustible surface or other roofings or like grade ranking not lower than Underwriters' Laboratories Class B. A double thickness layer of approved felt weighing not less than 30 pounds per square shall be placed between metal roofing and roof deck. All roof coverings shall be firmly secured to the roof deck with non-corrosive and rust~resistive nails or materials according to standard practice. 3.49 Adoption of Publications by Reference. Subd. (1) Unibform B'Uildi.ng. Coe~ There is hereby adopted and incorporated into this Code, by reference, that certain published code prepared by the Pacific Coast Building Officials Conference, for general circulation and use, which is entitled HUniform Building Code, 1961 Edition, Volume 1", except to the extent that the provisions of said ;'Uniform Building Code"; are inconsistent with the other sections of this Code or other ordinances of the Village, and except as amended in Section 3.48(2)0 In the event of inconsistency be- tween the said ~LUni:Eorm Building Code'. and this Code, the more restrictive provision or provisions shall govern. Three copies of said nUniform Building Code, 196L Edition, Volume F, shall be marked as "Official Copy" and filed for reference and inspection in the Office of the c1erkv Treasurer, 010166 Subd. (2)' Amendmdnts Made :in" 'lTrdform Building. Cod~_. The said Uniform Building Code is amended and changed in the following respects: (A) Section 1302(b) is amended by adding thereto the following: Provided, however, that the bearing walls and exterior walls of all apartment houses regardless of num- ber of stories, height or floor area, shall not be less than 2 hour fire-resistive construction throughout. Any provisions of this Building Code inconsistent with this requirement shall be superseded hereby and all provisions permitting less than 2 hour fire-resistive construction of such walls shall be deemed amended con- sistent herewith. (B) Section 1302 is amended by adding thereto Subsection (c), Special Provisions for Apartment Houses, to read as follows: (c) Special Provisions for Apartment Houses. (1) Each apartment house shall be equipped with a gas-fired incin- erator and there shall be provided service openings and chutes for each floor. No chute shall be interconnected with the incinerator or flue. (2) Party and corridor partitions and floor systems shall be of a type rated by a nationally recognized testing laboratory as capable of accomplishing an average sound transmission loss of not less than 50 decibels (nine frequencies). 010166 Doors and door systems between corridors and dwelling units shall be of solid core construc- tion and include gaskets and closure plates. Room relation- ships, hallway designs, door and window placements and plumb- ing and ventilation installa- tions shall be such that they assist in the control of sound transmission from unit to unit. (3) Regardless of the provisions of Section 303, the exit doors of each living unit, storage and utility room shall be equipped with a lock that has a dead- locking bolt, provided, however, that it shall be openable from the inside without the use of a key or any special knowledge or effort. (4) All apartment houses exceeding 3.5 stories in height shall be equipped with a passenger elevator. (c) Section 1304 is amended by adding thereto the following: The floors of exitways of buildings used for apart- ment houses shall be carpeted by a icommercial grade' of carpeting approved by the Building Inspector. The term 'exitways' includes passage- ways, stainvays and landings of stairs, provided, however, that an area not to exceed 40 square feet adjacent to each exterior doorway may be surfaced by other building material. 01J166 Regardless of any other prov~s~ons of this Code, no storage shall be permitted in an apartment house building under stairs or stairways, and space under such stairways shall be enclosed in a manner to prevent storage use. (0) Chapter 13 is amended by adding thereto SectionU07A to read as follows: Section l307A. Regardless of the pro- visions of Section 1307, in each apart- ment house there shall be provided and placed at least one portable Class A fire extinguisher of a type suitable for the portable class of fire, such fire extinguisher to be approved by Under- writers: Laboratory, Inc., or other nationally recognized testing agency, for each 2500 square feet of living area in such building and such extin~ guishers shall be so placed on each floor of such building that there shall be one at a distance no greater than 50 feet from an exit door of each apart- ment unit. Each apartment house shall also be equipped with aD automatic fire alarm system and a manual fire alarm of a type approved by the Fire Chief or Chief of Bureau of Fire Prevention pursuant to Section 9.00. ~) Section 3304 (e) is amended to read as follows: (e) Walls. Regardless of the pro- visions of Subsection (a) of this section, walls of corridors shall be not less than 2 hour fire-resistive construction if they are either bearing or exterior walls; other walls and ceil- ings of corridors shall he not less than 1 hour fire-resistive construction. 010166 (F) Section 3305 (1) is amended to read as follows: (i) Stainvay construction -- Interior. Interior stairways shall be constructed as specified under Part V of this Code. Stairs serving as egress froD corridors which are required to be 2 hour fire- resistive construction in Section 3304 (c) shall have walls 8nC soffits of 2 hour fire-resistive construction; oLher stairs, walls and soffits shall be of 1 hour fire-resistive construction. (3) Adoption of Minneapolis Elevator Ordinance. Chapter 170 (Elevators, etc. General Regulations) and Chapter 171 (Elevators, etc. cons~ruction and Operation) of the Minneapolis Code of Ordinances, as amended, and as the same appears from pages 1-26, inclusive, in a pamphlet entitled "Minneapolis Code of Ordinances, Elevatorsa, are hereby adopted and in- corporated by reference into the Building Code and shall be in full force and effect in the Village inso- far as applicable to the regulation, construction and operation of the elevators within the Village. All references in said chapters to the City of Minneapolis shall be interpreted as meaning the Village of New Hope and all references to the Inspector of Buildings shall be'interpreted as the Building Inspector. Three copies of the said Chapters 170 and 171 as contained in said pamphlet, shall be marked as "Official Copy" and filed for reference and inspec- tion in the Office of the Clerk. 3.5l Residential in Other Districts. Buildingserected:'orr.used for,~'dwel1ing purBo~es-pri- marily but located in any district zoned for other uses by the Zoning Ordinance, Chapter 4, shall comply with all the regulations of the residential district. 3.52 Obstructing Waterways. No natural \<7atertvay for the drainage of surface waters, and no drainage ditch or existing channel shall be obstructed, bridged, confined or rerouted, without first obtaining the approval of the Council in writing. 010166 / oJ. '" 3.53 Temporary Dwellings. No basement~ cellar, garage~ trailer or tent shall be used as a residence~ temporarily or permanently. 3.5L!. Adiustments and Variations. The Council shall have power to grant adjustments and exceptions in and to any of the provisions of this Code where their strict application will cause practical difficulties or unnecessary hardship. 3.55 Certificate of Occupancy or Compliance. Upon the completion of any residential~ commercial or industrial building or structure~ intended for human habitation or occupancy, the owner or person in charge of such construction shall make application to the Building Inspector for a Certificate of Occupancy or Compliance. Upon receipt of such application the Building Inspector shall make a final inspect.ion of said building to ascertain "ilJ"he.t11.er the provisions of this Code have been .,. :l '.1 -r' "h 11. fO d h "10 compLle0 WLCu. lL and W en e so ~n s, .e sna~ 1ssue to the applicant a Certificate of Occupancy or a Certificate of Compliance. The Building Inspector shall file a duplicate copy ~ ." C ,''''' . ". 1 Cl' ',' 0'.1. 'CL11.S er ;:lILcace vntn 'cne erl~ -Treq;f;;l1re:t:.:,:,foi: tne permanen~.re9ords of the Village. No structure hereafter built~ moved or remodeled within the Village for which a permit is required shall be used or occupied until a Certificate of Occupancy or Compliance has been executed by the Building Inspector. 3.56 Appeal from Building Inspector Ruling. An appeal to the Council may be taken on any ruling or decision of the Building Inspector. Such appeal shall be in writing and shall state the ruling appealed from and 010166 -;': the reasons for the appeal. Such appeal shall taitled only by a majority vote of the Council. the determination of the appeal, the ruling or of the Building Inspector shall remain in full be sus- Pending decision force 0 3.57 Penaltyo Any and all persons who shall violate any of the provisions of: this Code or fail to comply therewith, or who shall violate or fail to comply with any order or regu- lation made thereunder, or who shall build in violation of any detailed statement of specifications or plans sub- mitted and approved thereunder, or any certificate or permit issued thereunder, shall severally for each and every such violation and non-compliance respectively be guilty of a misdemeanor. The imposition of one penalty for any violation of this Building Code shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such viola- 'cions or defects 'V7ithin a, reasonable time; and \vhen any prohibited condition is maintained, each 10 days shall con- stitute a separate offense. The application of the penalty above shall not be '.$'. ':. held to prevent the enforced removal or correction of pro- hibited conditions. The mvner of a building, structure, or premises where anything in violation of this Code shall be placed or shall exist, and an architect~ builder, contractor~ agent, person or corporation employed in connection there- with who may have assisted in the commission of such vio- ~l . ~l h . '1'" .t::.r ence~ snai eac. be gUl ty or a separate o~Iense. Any and all persons found guilty of violating any provision of this Code shall not be entitled to receive a further building permit unless, after a hearing, the said Council shall approve such issuance~ and the Council ~~v ~ondition its approval upon the applicant depositing with e'leJ;k'i:':Tre-as:oreJ; a bond in the penal sum of $500000, con- ditioned that he will comply with the regulations imposed by this Building Code. 010166 3060 E LEe T R I C ALe 0 D I ~~ ~ J:.: ~ - W~ 3.61 General The provisions of this ordinance shall govern the installation~ alteration, maintenance, repair and use of all electrical wiring and apparatus in and for all build... tngs and structures in the Village, and upon any and all premises upon which electrical wiring or apparatus may be used. 3.62 Electrical Permits .... Subd. (l) Permit Required No building shall be wired for the placing of any electric lights, motors, heatingdeviees, or any apparatus requiring the use ofelectrieal current, nor shall any a.lteration or additions be made in the existing 'V-liring of any buildin.g, nor shall any alter~tion be made in the wiring in any building after inspootion and approval 'I'r<4'ithout first notifyingtheelectrieal inspector and ~.ug'j;ng. apermi t th~refor. No person shall engage in the business of installing altering or repairingeleett'ic wiring or fixtures for any purpose whatsoever in this Village without first havingp1e~d a pe.rmitthetefor as hereinpxw~. Subd. (2) Application and Fe~s - Application shall be made in a.eCM'd41.'lCe with Section 3.01, and fees paid in aceordance wit h S.e.eti.on :3 0 OS . 010166 * Subd. (3) Qualifications Permits shall be issued only to indivi- duals or contractors licensed as master elec- tricians by the State Board of Electric~ty covering all journeymen and apprentices em- ployed by him, except an individual may obtain a permit and may do electrical work which complies with the provisions of the minimum standards herein prescribed on premises or that part of premises owned and actually occupied by him as his homestead if he shall file with the inspector an affidavit showing that he is performing the actual work himself in such homestead. Subd. (4) Minor Repairs Minor repairs such as the repair or re- placement of flush and snap switches, replace- ment of fuses, changing lamp sockets and re- ceptacles, taping bare joints, repairing drop cords, replacement or repair of heating elements and replacement motors shall be excepted from the above provision. Subd. (5) Certificate of Insurance The applicant, except an individual doing work on his own homestead, shall first file with the Clerk-Treasurer certificate of insurance issued by a company or companies duly licensed to do business in the State of Minnesota which shall be written on the comprehensive liability form and shall include manufacturers and con- tractors liability, independent contractors liability products and completed operations liability, automobile liability including em- ployers non-ownership liability in not less than the following amounts: Q10166 * Bodily injury liability: $100,000.00 each person; $300,000.00 for injuries as the result of anyone occurrence. Property damage liability: $ 50,000.00 each accident; $100,000.00 aggregate Automobile liability: Bodily injury: $100,000.00 each person; $300,000.00 each occurrence Property damage: $50,000.00 each occurrence Any such evidence or certificate or certificates shall provide that it may not be cancelled by the insurer except upon ten days written notice to the Village. In case of cancellation of such insurance, such permit shall be suspended auto- matically until such insurance has been replaced. 3.63 ~doption of Minneapolis Electrical Ordinance. For the purpose of establishing a minimum standard for the installation, alteration, maintenance, repair and use of all electrical wiring and electrical apparatus in the Village, there is hereby adopted by a reference and the same is made a part of this Ordinance and is fully set forth herein an ordinance of the City of Minneapolis entitled "An Ordinance Regulating the Design, Specifica- tion, Installation of Electric Wires, Apparatus and Plants within the City of Minneapolis" (hereinafter called 010166 "Minneapolis Electrical Code") (COmpilation 5:1); except Sections 4, 5, 32, 33 and sUbs'e'ction 31.3 ,there'of. 'Provided, howe\1er, that ,as 'adopted for .'~he Village, said Minneapolis' Electrical Ccide is amended :1n accordance 'with the .following: :(1) Section 7.8, Minneapolis Electrical Code, is amended by adding thereto the following: "In apartment houses, as defined in Uniform Building Code, 1961 Edition, Volume 1, the required artificial lighting shall be con- trolled by an automatic regulating device of a type approved by the electrical in- spectorofi'll (2) Section 7:, Minneapolis Electrical Code, is further amended by adding thereto Subsection 11 to read: "11,. Off-street parking areas and the area adjacent to such parking site and building exit door shall be illuminated with light having an intensity of not less than one-half foot candle power at ground level, and shall be regulated by an automatic controlling de- vice to turn the lights on from sunset to sunrise, provided that if the lighting is on at all times, no such controlling device shall be required." (3) The first sentence of Section 12.2, Minneapolis Electrical Code, is amended to change the phrase, '1500 square feet' to 12000 square feet'. (4) The last sentence of Section 12.2, Minneapolis Electrical Code, is amended to read as follows: 'Where a 2' mast is needed, service can still be 100 ampere, with a It" raceway provided into service switch or cabinet'. ..'- 010166 (5) The first sentence of Section 12.3, Minneapolis Electrical Code, is amended to change the phrase '1500 square feet' to '2000 squ~re feet'. (6) Section 1204, Minneapolis Electrical Code, is amended to change in the references to one. family dwellings, the phrase '1500 square feet' to '2000 square feet'. 3.64 Interpretation. All references in the Minneapolis Electrical Code to the Inspector of Buildings or the Electrical Inspector shall he interpreted as referring to the Electrical In- spector of the Village and all references to "City of Minneapolis" shall be interpreted as referring to the UVillage of New Hope," and the term "City" shall be in- terpreted as meaning "Village". 3.65 Electrical Inspector. Suba-.. :(1) .. .~ualifications. There is hereby created the office of the Elec- trical Inspector, as an Assistant Building Inspector of the Village. The person chosen to fill the office of Electrical Inspector shall be a competent elec- trician of good moral character and shall have had at least two years' experience as a journeyman in the practice of his trade or two years' training in a recognized college of electrical engineering, shall be well versed in approved methods of electrical construction for safety of life and property, the statutes of the State relating to electrical work, the rules and regulations issued by the State In- dustrial Commission and the State Railroad and Ware- house Commission under authority of the statutes, the National Electrical Code as approved by the 010166 American Engineering Standards Committee, and the National Electrical Safety Code, as approved by the American Engineering Standards Committee. . :<)t. ."Io...~.: : . :~:.~ ""'. . Sub~. (2). lrispectio~ The Electrical Inspector shall make a thorough inspection of the installation in buildings of all electric wiring, electric devices and electric ma- terial installed within this Village, and when the installation of any such wiring, devices or material is found to be in a dangerous or unsafe condition he shall notify the person, firm or corporation owning, using, operating or installing the same in writing to place the installation of such wiring, devices and material in a safe condition. Any person failing or refusing to make the necessary repairs or changes and to have such work completed within 48 hours, or any longer period which may be fixed by the Electrical Inspector in such written notice, after receipt of such notice shall be deemed in violation of this ordinance; and the Electrical Inspector is hereby empowered to cause the discontinuance of electrical service until such wiring, devices or material has been made safe as is directed by the Electrical Inspector subject to the limitations of this ordinance. Subd. (3) R~ght o~Ac.cess'to BuildinRs. Said Electrical Inspector shall have the right during reasonable hours to enter any building in the discharge of his .official duties, or for the pur- pose of making any inspection or test of the installa- tion of electric wiring, electric devices and electric material contained therein, and shall have the author- ity to cause the turning off of all electrical currents and cut or disconnect in cases of emergency any wire where such electrical currents are dangerous to life or property or may interfere with the work of the Fire Department. 010166 Subd. (4")' :E'I'tfQ.Tcemen t . ..... ," \.....,. It shall be the duty of the Electrical In- spector to enforce the provisions of this ordinance. 3.66 Fees. The applicant shall pay the fees established in Section 3.05. 3.67 Penalty. Any person violating any of the prov~s~ons of this ordinance or failing to comply with any of its requireQ ments shall be guilty of a misdemeanor. The imposition of one penalty for any violation of this ordinance shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. 010166 ..... " 3.70 P L U M BIN G COD E 3.71 Minneapolis Plumbing Code. BubO.. (1) Adoption of 1963 Minneapolis Ordinance. The ordinance entitled "An Ordinance to Regulate the Construction, Alteration and Repairing of Plumbing Work Within the City of Minneapolis and to Provide for the Sanitary Installation for Such Plumbing ~..JorkH, as amended, and as the same appears from Pages 1-41, inclusive, in a publication en- titled r;Plumbing, l-Jater and Gas Piping OrdinancesH) published in 1963 by the Department of Building of the City of Minneapolis, is hereby adopted by reference as though fully set forth herein as the "Plumbing Code of the Village of New Hope" and shall be in full force and effect in this Village insofar as applicable to plumbing and building construction therein and all work done hereafter within the Village shall be done in accordance with the provisions thereof. All references in that ordinance to the City of Minneapolis shall be in- terpreted as meaning the Village of New Hope and all references to the Inspector of Buildings shall be interpreted as the Building Inspector. Three copies of the Plumbing Code shall be filed by the Clerk-Treasurer in his office for inspection and use of the public and shall be marked with the words "The Village of New Hope -- Official Copy. 1i Subo.. (2) fu~endments to Minneapolis Plumbing Code. The following amendments to the Minneapolis Plumbing Code are hereby incorporated into the New Hope Plumbing Code: (A) Chapter 130 Plumbing Code; General Provisions is amended by adding thereto and inserting therein after Section 132.140 the following to be known as Section 132.141: 132.141. The following materials are approved as equally efficient and are permitted to be used: 010166 .'~ " A. Building Drain or Building Sewer Pipe. ABS (Acrylonitrile-butadiene-styrene) DHV (Drain, waste and vent) and/or PVC (Polyvinyl-Chloride) DWV (Drain, waste and vent) plastic pipe and fittings conforming to commercial standards CS 270-65 for ABS and CS 272-65 for PVC and bearing the NSP (National Foundation Testing Laboratory~ Inc.) seal of approval. B. Copper Pipe. The use of Type M copper pipe conforming to fu~erican Standard ASA B 16.23 for soil waste and vent piping only. C. Caulked Joints. Prefabricated neoprene gasket and hubless cast iron pipes with the trade mark nNo Hubn shall be con- sidered eaual to lead and oakum. . D. Traps. ABS (Acrylonitrile-butadiene- styrene) and/or PVC (Polyvinyl-Chloride) D~N (drain, waste and vent) plastic traps conforming to Commercial Standards CS-270-65 and CS 272-65 for ABS and PVC respectively. E. Soil, Waste and Vent Pipe Material. ABS (Acrylonitri1e-butadiene-styrene) and PVC (Polyvinyl-Chloride) D~J (drain, waste and vent) plastic pipe and fittings for all main or branch soil, waste, vent pipes and storm water sewers, storm water drains, inside conductors, within the buildings, including the building drain, the building sewer and the storm sewer water in conforma- tion with the following requirements: (1) Department of Commerce Standard CS 270-65 for ABS plastic pipe and CS 272-65 for PVC plastic pipe. 010166 * (2) Federal Housing Administrations Use of Materials Bulletin Noo UM~33 December 15, 1961 for plastic pipe and fittings. (3) Western Plumbing Officials Associa- tions Materials Standard PS 17-65 for ABS plastic pipe. (4) All pipe and fittings shall be marked at a minimum of every 24 inches with the Seal of Approval of the National Sanitation Foundation Testing Labo- ratory, Inc. (NSF) F. Installation procedure for materials in A, B, C, D and E above shall be as prescribed in the Federal Housing Administration Use of Materials Bulletin, UM-33, Section 83 Paragraphs 1 through 8s inclusive, except that paragraph 8~7.l and 8:7.3 shall be amended to specify 321i for spacing and support. All exposed vertical risers 2" and less shall be supported every 48;;. Further the Western Plumbing Officials Association Installations Standard for plastic drain, waste and vent pipe #IS 5-65 of January 123 1961 shall also be followed for thermal expansion and handling of antifreeze protection. (B) Subd. (a) Subsection 1300060 nPlumbers License Required" is deleted and is not hereby adopted or incorporated into this ordinance. 3.72 Plumbing Permits. Subd. (1) Permit Required. Before the installation of any plumbing works fixture or device, a permit shall be obtained from the Building Inspector. 010166 ~ n Subd. (2) Application and Fees. The Building Inspector shall, before issuing any permits for the installation of any plumbing work, fixture or device~ require the payment by the applicant of fees provided in Section 3.06, upon application pursuant to Section 3.01. Subd. (3) Qualifications. Permits shall be issued only to individ- uals or contractors licensed as master plumbers by the MinnesotaState Board of Health, except an individual may obtain a permit and may do plumbing work which complies with the provisions of the minimum standards herein prescribed on premises or that part of premises owned and actually occupied by him as his homestead if he shall file with the Inspector an affidavit showing that he is perform- ing the actual work himself in such homestead. No permits will be issued to the home owners for sewer and water connections. No journeyman shall install plumbing as herein defined unless he is authorized to do so under the State Plumbing Code. Subd. (4) Surety Bond. The applicant, except an individual doing work on his own homestead, shall first file a surety bond of $4,000 running to the Village to compensate the Village for any damages caused to the Village water system and appurtenances and Village sewer system and appurtenances, streets, curb and gutter. Subd. (5) Insurance. The applicant? except an individual doing work on his own homestead, shall first file with the Clerk-Treasurer certificates of insurance issued by a company or companies duly licensed to do 010166 ~r_ " business in the State of Minnesota which shall be written on the comprehensive liability form and shall include manufacturers and contractors liability, products and completed operations liability, automobile liability including employers non-ownership liability in not less than the following amounts: Bodily injury liability: $100,000.00 each person; $300,000.00 for injuries as a result of any one occurrence. Property damage liability: $ 50,000.00 each accident; $100,000.00 aggregate. Automobile liability: Bodily injury: $100,000.00 each person; $300,000.00 each occurrence. Property damage: $50,000.00 each occurrence. Any such evidence or certificate or certif- icates shall provide that it may not be cancelled by the insurer except upon ten days written notice to the Village. In case of cancellation of such insurance, such permit shall be suspended automatically until such insurance has been replaced. 3.73 Enforcement. The Building Inspector shall enforce the prov~s~ons of this Plumbing Code. All plumbing work constructed after August 1st, 1964, shall be inspected and if found not to be in accordance with this Code shall be corrected. If, after written notice to the persons installing work requiring correction thereof, such person neglects or refuses to conform to such Order, the Village or any duly appointed inspector may remove such work and charge the cost thereof to the person installing the same. Any per~ son covering work vlithout it being duly inspected or re- fusing to correct work when so ordered by the Building Inspector, shall he guilty of a misdemeanor. 010166 ..J. " 3.80 GAS APPLIANCES, PIPING AND EQUIPMENT. 3.81 Minneapolis Gas Piping Ordinance Adopted. The ordinance entitled BAn Ordinance to Regulate the Construction, Extension~ Alteration and Repairing of Gas Piping t'Jork and Repealing Certain Ordinance Provisionsli, as amended, and as the same appears from pages 51 to 77, in- clusive, in a publication entitled "Plumbing, t-Jater & Gas Piping Ordinances and Excerpts from Other Ordinances and Regulationsii, publication dated 1964, is hereby adopted by reference as though fully set forth herein as iiGas Piping Code of the Village or New Hopell and shall be in full force and effect in this Village insofar as applicable to gas piping in building construction therein, provided, however, that the ordinance there numbered as Section 133.030 is not hereby incorporated into this Ordinance; and provided further that all references in that ordinance to the Heity of Minneapolisli shall be interpreted as meaning the i1Village of New Hopell, and all references to the "In- spector of Buildingsn shall be interpreted as the HBuilding Inspector.1i Three copies of the Gas Piping Ordinance shall be filed by the Clerk-Treasurer in his office for inspection and use of the public and shall be marked with the words "The Village of NelrJ Hope-Official Copy. H 3.82 Permits. Subd. (1) Application for Permit. No person shall hereafter install, alter, main- tain or repair any system for the use of illuminating or fuel gas or install, alter, repair or service any gas burning device connected thereto in or for any building or structure in the Village without first obtaining a permit therefor from the Building Inspector. Upon demand of the Building Inspector any person ap- plying for such permit shall furnish in duplicate plans for all proposed work and with proper and suf- ficient information thereon. He shall secure the approval of the Building Inspector before starting such I,?ork. 010166 ~ n Subd. (2) Requirements and Fees Gas Piping and building permits shall be issued by the building inspector only to persons licensed under Section 8.31(2). No licensee shall secure a gas appliance permit for other persons under his license. Fees for such permits shall be those provided in Section 3.07. 3.83 Correction of Unsafe Conditions. The building inspector is hereby authorized to cause any illuminating or fuel gas system or any gas burning device connected thereto to be shut off whenever they shall find that such system or device does not comply with re- quirements of the Village ordinances or whenever the system for any reason presents an immediate hazard to life or property. He may attach a warning tag to such system which states that such system is in violation of the Village ordinances or constitutes an immediate hazard. It shall be unlawful for any person to remove such notice or to cause such system to be placed in use thereafter until it shall be approved by the building inspector in writing. 010166 ~ A 3.100 F ILL lNG, E X C A V A TIN G, DIG GIN G 3.101 Permit Required. Subd. (1) 100-foot area. No person shall fill, excavate, dig or raise or lower the grade of the surface of the earth nor open any pits or excavated areas in the earth, if the foregoing has an area of more than 100 square feet and a depth of more than 1 foot, or a cubic area of more than 100 cubic feet, without first obtaining a permit therefor, except that such a permit shall not be required for such excavating as is necessary for construction of a building for which a permit has been issued, or for sub-cutting of streets in a plat which has received preliminary approval by the Council, and for which street grades and drainage have been approved by the Village Engineer. Subd. (2) Public property. No person shall fill, dig, excavate, or grade any portion of a public street or public grounds without first obtaining a permit therefor. 3.102 Permit Application. Any person desiring a permit as required in Section 3.10(1) or (2), shall make application therefor to the Council, setting out the name of the applicant, the general description of the filling, excavation or grading to be covered by the permit, the location of the proposed filnng, the excavating or grading, the estimated quantity of materials to be added to or removed from the premises, the route of travel in the Village upon which the hauling will take place, the time work will begin and the time of anticipated completion, such other information that the Council may require. The applicant shall pay the fees provided in Section 3.09. 010166 * 3.103 Granting of Permit. Upon receipt of such application, the Council shall examine the same and may grant or deny such permit. The Council may, either as a prerequisite or a condition to the granting of a permit, require the applicant to do any act or not do any act which it may deem reasonably necessary for the protection of the health, safety or general welfare of the public or for the protection of property. 3.104 Bond. The Council may require the filing of a surety bond or cash deposit with the Village, conditioned to pay the Village any expense the Village may have by reason of such filling, excavating, or grading. 3.105 Restoration as to Public Grounds. Any person who shall fill, excavate, or grade any portion of any street or public grounds, shall restore the same to substantially the same as existed prior to the fil- ling, excavating or grading and shall maintain said area for a period of 1 year after such substantial restoration, all without expense to the Village. 3.106 Revocation. The Council does hereby reserve the right to revoke any such permit and upon the Council ordering the filling, excavating or grading to be discontinued, the continuance of such work shall be a violation of this ordinance. If the Council shall order any positive act to be done to con- form the work being done v.V'ith that authorized by the permit, the same shall be completed before any further filling, ex- cavating or grading is done and within 10 days after mailing of a notice to do said acts to the persons to whom the permit was issued. 010166 3.107 Violation. Any person who, having obtained a permit, shall fail to comply with any of the conditions upon which the same is issued or fails to complete the filling, excavating or grading in the time prescribed in the application or permit, or who faiE to act in accordance with the work authorized by the permit, or who fails to obtain a permit as required in Section 3.101, shall be guilty of a miso demeanor. Each ten (10) days of violation shall constitute a separate offense and be punishable as such. 010166 * 3.120 W ELL - D R ILL I N G 3.121 Definitions . The following terms used in this ordinance are defined as follows: Subd. (1) Drawdown Drawdown means the change in surface eleva- tion of a body of water as the result of the withdrawal of water therefrom. Subd. (2) Glacial Drift Glacial Drift means an assemblage of deposits left by the melting of an ice sheet or glacier. It is composed of an accumulation of unstratified material of all sizes which formed at the margin of the ice. Subd. (3) Grout Grout means a thin mortar consisting of port- land cement, sand and water in the following proportions: One sack cement to 4~ to 5~ gallons of water. One part cement, one part clean sand and 4~ to 6 gallons water. The sand grout shall be used only where abnormal loss of grout to crevices or default occurs. Subd. (4) Log Log means a chronological record of the soil and rock formations encountered in the opera- tion of drilling a well, with either their thickness, or the elevation of the top and bottom of each formation given. It also in- cludes statements as to the composition and water-bearing characteristics of each forma- tion. Subd. (5) Porosity Porosity means an index of the void charac- teristics of a soil as it pertains to percola- tion. 010166 * Subd. (6) Turbidity Turbidity means a condition of a liquid due to a fine visible material in suspension, which may not be of sufficient size to be seen as individual particles by the naked eye but which prevents the passage of light through the liquid. Subd. (7) Yield Yield means the quantity of water flow (gallons per minute or per hour) which can be collected (pumped) from the well. 3.122 Permit Required. Before proceeding with construction of a new well or any major reconstruction (deepening of an existing well to the next deeper strata) the owner or the agent shall obtain a permit for such purposes from the Clerk-Treasurer. The applicant shall make application in accordance with the procedure outlined in Section 3.01, and pay the fees prescribed in Section 3.13. 3.123 When Permit Not Issued. No well drilling permit shall be issued where: Subd. (1) Municipal water is available The proposed new well is to be drilled to serve new building construction and it is an area which the Council determines will or can be served by the municipal water system within a reasonable time upon the construction of trunk mains. Subd. (2) Air Conditioning The well is to be constructed for the purpose of disposing of any liquids, including surface waters, air conditioning, or commercial wastes. .... " ...J 010166 * 3.124 Health Requirements. Subd. (1) Department of Health. All commercial wells shall comply with the requirements of the Minnesota State Depart- ment of Health for public water supplies. Subd. (2) Contamination. Each water supply system shall be so located and constructed so that it will not be con- taminated by any existing or future sewage disposal system. It shall also be constructed to minimize the possible contamination of the well from all possible external sources within the geological strata surrounding the well. 3.125 Minimum Production of Water. All wells for domestic use, hereafter constructed in the Village, shall produce a minimum initial supply of 900 gallons of sand-free water per hour. 3.126 Location. Subd. (1) Proximity to Pollution. Wells shall be located in a manner to be free from flooding and the top shall be so con- structed and located as to be above all possi- ble sources of pollution. No well shall be lo- cated closer than three (3) feet to the out- side basement wall of a dwelling. The outside basement footing shall be continuous across the opening of the well above. No well shall be located closer than fifteen (15) feet from a property line. The following minimum distances between a well and possible sources of contam- ination shall be complied with: (a) Buried or concealed extra heavy cast iron sewer or drain lines with lead caulked, air tested joints -- 20 feet; 010166 "k (b) Vitrifed clay or concrete sewers (or cast iron sewers not of construction described above), septic tanks, or drain fields - 50 feet; (c) Dry wells, seepage pits, cesspools - 75 feet. Subd.(2) Location in Pit. No well shall hereafter be installed in a pit below the surface of the ground unless such well is an alcove opening directly into the main basement area of the building being served by the well. The well pit floor shall be constructed according to the requirements of pump room floors outlined in this ordinance. 3.127 Prohibited Termination. No well constructed in the Village shall terminate in the Decorah Shale, Platesville Limestone or Shakopee- Ansota Belomite. No existing well shall be increased in depth to terminate in these formations. 3.128 Diameters of Well Casing Subd.(l) Minimum Diameter The minimum diameter of any finished well casing shall be four (4) inches. Well casings shall be constructed of welded or coupled steel or wrought iron and shall conform to the following specifications for weight and thickness. Diameter 4" 511 6ii 011 o 10" 12" tv a 11 Thickness .237 inches .258 inches .280 inches .322 inches .365 inches .375 inches Weight per line ft. with Threads and Couplings 10.98 lbs. 14.8 1bs. 19.45 lbs. 29.35 lbs. 41. 85 lbs. 51.15 lbs. 010166 * The casing of any well constructed entirely in unconsolidate formations shall extend to a depth of 100 feet below established ground level or through the first impervious soil formation encountered, whichever is deeper and at least 5 feet below pumping level (level below ground level to which the water surface is lowered in the well during pumping). Where a water- bearing formation is encountered during well construction at a depth which satisfies these minimum requirements, the acceptability of the formation for well development shall be based on the satisfactory results of analysis of the water by a competent laboratory. Any watero bearing formation yielding water \vhich is con- taminated, as evidenced by the presence of chemicals or bacteria of sewage origin, shall be regarded as unsatisfactory for well developo ment. Where a well is drilled to terminate in the St. Peter Sandstone or the Jordan Sandstone, the Decorah, Plattevi11e and Shakopee formations shall be sealed off. In the case of a well finished at a diameter of 411 and extending thr'.ough the Platteville Limestone, this shall be accomo p1ished by installing a minimum 5" diameter casing from the surface through the glacial drift and into the Platteville Limestone. A nominal 5\; (minimum) open hole shall then be drilled tir~the undesirable formations and at least 20 feet into the continuous non-faulty consolidated St. Peter Sandstone and/or at least 20 feet be- low the pumping water level, whichever is lower. A minimum 4" liner shall then be installed from the surface to the bottom of the 511 hole, and the bottom 10 feet shall be grouted in place. The nominal 4t1 open hole shall be continued into the water-bearing formation such distance as is necessary to provide the required water supply. In case of wells larger than 41;, all other component parts of the well shall be constructed proportionally. 010166 'I: (2) Existing Wells The minimum diameter requirement of 4 inches provided in Subd. (1) shall not apply to the deepening of any well, existing on June 28, 1960, which has a well casing of less than 4 inches. Such wells may be deepened even though the extended well casing shall be less than four (4) inches in diameter; and all component parts proportional. (3) Temporary Wells. The provisions of Sections 3.128 (1) and 3.125 shall not apply to any well constructed that is of a temporary nature. No permit for con- struction of a temporary well shall be issued unless approved by the Village Engineer~ upon finding that the temporary well proposed will adequately and safely provide the necessary water, and that the construction of a permanent well in accordance with the terms of this ordi- nance would work a hardship upon the applicant. 3.129 I~stallation. The pump and equipment shall be installed in a manner satisfactory to the Village and shall conform to the follow- ing: Subd. (1) Pollution-proof Pump and equipment shall be designed to assure a pollution-proof and frost-proof installation. Subd.(2) Water-Tight Mounting The pump base shall be constructed so as to permit installation of a water-tight mounting. Subd. (3) Well Seal A well seal shall be used. Such well seal shall be of simple construction easily installed, removed and reinstalled should it become necessary to remove the drop pipe for repair. 010166 * Subd. (4) Pump Room Floor. The top of well casing shall be a m~n~mum of 18 inches above the basement floor level and the seal shall be so constructed and installed as to maintain its wateratight feature, should flooding occur. The pump room floor shall be at least 6 inches above the surrounding grade and the concrete platform shall be minimum 4 inches above grade at the edge. Subd. (5) Suction Lines. Suction lines installed through the well casing, or where otherwise installed less than 10 feet below grade, shall be provided with an outline protective casing. Such protective casing shall be set water- tight into the well casing. The suction line shall be caulked into the protective casing to provide a watertight joint which will permit easy removal. The suction line shall slope upward toward the pump. Where a suction line is brought into a basement from a well located some distance from the basement, the pump shall be located at least 18" above the base- ment floor. Subdo (6) Future Measurements. Provisions shall be made in the well seal for future measurements of static and pump levels. 3.131 Chlorination. After final installation of the pumping equipment, the well shall be pumped continuously until the water is free of turbidity, then chlorinated heavily in accordance with the following procedure: (1) Introduce into the well one pound of high test (70% or equivalent calcium hypochlorite (chlor- inated lime)) by scattering same over the sur- face of the water in the well so that the powder will sink to the bottom, thereby permeating the supply. 010166 * (2) If powder cannot be introduced directly, then mix one pound of calcium hypochlorite high test (70% or equivalent) with five gallons of water and pour the mixture into the well. (3) Allow the chemical to remain in the well for at least twelve hours, then pump to waste until the odor and taste of the chemical have prac- tically disappeared. (4) Where calcium hypochlorite tablets meeting the above requirements are used, they shall remain in the well for a minimum period of 48 hours before it is pumped to waste as stated above. (5) Wells larger than four inches in diameter re- quire proportionally larger doses of the chemical for chlorination but shall not have a concentration of applied solution less than 150 parts per million for twelve hours. 3.132 Test - Upon completion of drilling a well, a pumping test of sufficient duration to determine the yield and maximum draw- dotvn shall be conducted. Whthin fifteen days after inspec- tion of the well the permit holder shall file an affidavit with the Clerk setting forth the results of the pumping test, the capacity of the well, the pumping level, the depth of casing from grade and length and size of screen if one is used. A geological log of the formations encountered in drilling each well shall be kept by the driller. A copy of said log, typed on 8~il x 11" paper shall be filed along with the well affidavit and such log shall specifically state where impervious formation is encountered. Failure to pro- vide such a log or affidavit, or willful failure to provide accurate information with respect thereto shall constitute a violation of this ordinance. 010166 .". ,.. 3.140 B U I L DIN G M 0 V I N G 3.141 License Required for Movers. Subd. (1) ~p~lication and Fee. No person shall r~mpve or re~~~~~e any building within the Village limits'without having applied for and received an ~nn~al license as a housemover. Application for such license shall be made to the Village in accordance with the pro- cedure set forth in Section 8.00 upon a form supplied by the Clerk-Treasurer and upon paYment of an annual fee of $10.00 therefor. Subd. (2) Bond Requi~~d.. Provided, no such license shall be granted until the applicant therefor shall have given a bond in the sum of $1,000.00 with good and suf- ficient sureties, to be approved by the Council, conditioned, upon other things, that said party will pay any and all damages which may be caused to any person or public or private property in any municipality, 'whether such damage or injurYl~' shall be inflicted by said party or his agents, employees or workmen; and conditioned also that the licenses will save and indemnify and keep harmless, the Village against all liabilities, judgments, costs and expenses which may in any wise accrue against said Village in consequence of the granting of such license or permit under this ordinance and will in all things strictly comply with the provisions of this ordinance and with the conditions of any and all permits which may be issued to him thereunder. 010166 * Subd. (3) Building Located on Own Land. Nothing herein shall prevent any person from moving or relocating a building upon his own land without a license or permit if said building was previously located on said land. Subd. (4) Moving Exclusively on County Highways. When a permit is granted in accordance with Minn. Stat. ~160.26(3) by the State Commissioner of Highways for trunk highways or the County Board or County Engineer for highways under the juris- diction of the County Board, for moving of buildings or structures exclusively on such high- Hays, no other pe3;ro:1t::' shall from the Village undet'/tll:Ls-/~ ,/ 3.142 Permit aequired for Each Move. " ._0 -.,-,,-' Every licensed housemover shall, before removing or relocating any building, apply to and receive a permit therefor from the Council upon application in accordance with Section 3.01, and payment of the fee prescribed in Section 3.08. Such permit shall be conditioned upon an observance of all of the conditions of this ordinance and subject to all reasonable requirements from time to time, imposed by the Council. In granting any such permit the Council shall specify the route to be followed and may stipulate any reasonable conditions for crossing street intersections; provided, that the following shall apply in every case: Subd. (1) ?peed. All removals of buildings over public streets shall be done with the greatest speed reasonably possible when the same is on a public street within the Village limits. 010166 * Subdo (2) Protection of Streets. Any building exceeding five tons moved over or across any street shall be mounted upon wheels at least 24 inches in width unless such street- way is adequately planed with three-inch planks to protect the same from injury. Subd. (3) Overnight Stand. If it shall be necessary for any building to stand in any street overnight, the person hav- ing charge thereof shall place around said building a good and sufficient number of red lights as a warning to persons, showing the situation thereof, and shall keep the same burning overnight. Subd. (4) Notification of Location. Any person receiving a permit to move any building onto or upon the streets of the Village shall, every evening, at or before 6:00 p. m., notify the Fire Chief or whomsoever is in charge of said department, as to the exact location of every such building while the same is occupying any portion of any street. 3.143 Refusal of Permit. The Council shall refuse to issue a permit if it finds: (1) That any application requirement or any fee requirement has not been complied with; or (2) That the building is too large to move without endangering persons or property in the Village; or 010166 oJ.. ^ (3) That the building is in such a state of de- terioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the Village; or (4) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the Village; or (5) That the applicant's equipment is unsafe and that persons and property would be endangered by its use; or (6) That zoning or other ordinances would be vio- lated by the building in its new location; or (7) That for any other reason persons or property in the Village would be endangered by the moving of the building. 3.144 Temporary Removal of Wire. Upon the request of any person holding a building moving permit used by the Village, any person maintaining wires upon, across or above the streets and public places shall temporarily raise or lower them to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the sames and shall be paid in advance if so requested. Advance notice of not less than fortYQeight (48) hours shall be given to arrange for such temporary wire change., 010166 Q.JiAPTER 4 Z O.N 1 N G A.N"D P LA T TIN G ow 166 4.00 Z 0 N I N G 4.01 Purpose. This ordinance is enacted to protect and promote the public health, safety, and general welfare of the people 0: the Village. Specifically; the provisions are designed to achieve, among others, the following objectives: (1) Civic beauty. (2) Adequate light, air, and safety from fire for occupants of structures. (3) Conservation of the value of land and buildings. (4) A balanced tax base as between residential and business uses. (5) Stability of residential neighborhoods. (6) A minimum of congestion in the public streets. (7) Compatability between different land uses. (8) Reasonable standards to which structures and uses shall conform. 4..l0 .G E ..,N, E' R.4 L PRO V I S ION S 4.11 Lots and Buildings. Subd. (1) Compliance ,,'lith Ordinance. No building or premises may hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this ordinance. S~bd. (2) Accessory Buildings. No accessory bUild~ng or structure, unless an integral part of the principal building, shall be erected, altered, or moved within eight feet of the principal building. No accessory building shall exceed 15 feet in height. 010166 Subd. (3) Relocated Structures. Before any house or other structure is moved onto a vacant lot, the Building Inspector shall deter- mine whether the structure will be compatible with other development in the area. If the Council concurs with the decision of the Building Inspector that a structure would depreciate the area into which it is to be moved, the Council may withhold issuance of a permit for such relocation. Subd. (4) Required Area Not to be Reduced. No lot, yard, or parking area shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this ordinance, and if already less than the minumum required, it shall not be further reduced. 4.12 Permitted Encroachments. The following shall not be considered as encroachments on set-back and height requirements: (1) In any yards: off-street open parking spaces, fireplaces, awnings, canopies, steps, chimneys, flag poles. (2) In side and rear yards: fences or walls 8 feet in height or less. However, in a corner lot no obstruction higher than 3 feet above curb level shall be located within 20 feet of the lot corner formed by any two streets. (3) In front yards: service station pump islands and signs under requirements set forth in performance standards (Sec. 4.60). (4) In rear yards: recreational and laundry drying equipment, arbors and trellises, balconies, breezeways, open porches, detached outdoor living rooms. 010166 (5) Height limitations shall not apply to barns, silos, and other structures on farms; to church spires, belfries, cupolas and domes; monuments; water towers; fire and hose towers; observation towers; chimneys and smokestacks; flag poles; telephone poles, electric power transmission facilities; transmission towers of radio broadcasting stations; television antennae, and parapet walls extending not more than 4 feet above the limiting height of the building. 4.13 Non-Ccnformin~ Uses. The lawful use of any land or building existing at the time of the adoption of this ordinance may be continued, even if such use does not conform to the regulations of this ordi- nance; provided: (1) No such non-conforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adop- tion of this ordinance. (2) Such non-conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this ordinance. (3) A non-conforming use of a building existing at the time of the adoption of this ordinance may be extended throughout the building, provided no structural alterations substantially increasing the useful life of the structure, except alterations required by ordinance, law or other regulations, are made therein. (4) If such non-conforming use substantially ceases for a continuous period of one year, any subsequent use of said premise shall be in conformity to the use regulations specified by this ordinance for the district in which such property is located. 010166 (5) Any structure which represents a non-conforming use may not be rebuilt or reconstructed to its former use and physical dimensions if damaged 50% or more by fire, wind, earthquake or explosion according to the estimate of the Building Inspector and approved by the Council. (6) Any non-conforming use may be continued until June 23, J970(ten years after the adoption of this ordinance}, whereupon such non-conforming use shall cease, provided however, that all residential buildings actually used for residential purposes on ~lme,23,1960 (the effect:iu= date of this Ordinance) shall be excepted herefrom and all apartment buildings lawfully erected under provisions heretofore in effect. 4.14 Minimum Requirements. In their interpretation and application, the prov~s~ons of this ordinance shall be held to minimum requirements. Wherever this ordinance imposes greater restrictions than are imposed or required by other provisions of law or by other rules or regulations, the provisions of this ordinance shall govern. 4.15 Certificate Of Occupancy. No land shall be used or occupied, and no building here- after erected, altered, or extended shall be used or changed in use unless a Certificate of Occupancy shall have been issued by the Building Inspector. Certificates of Occupancy shall be applied for coincident with application for the building permit. Such Certificate shall be issued within ten days after the erection or alteration shall have been approved as complying with the provisions of this ordinance. An . occupancy permit shall be valid only for the use named therein. It shall be the obligation of any person having a proprietary or tenancy interest in the buildings or property affected to maintain or preserve said Certificate of Occupancy as a 010166 permanent record and available for inspection upon request of the enforcement official. All persons operating businesses existing as of the date of June 23, 1960 shall obtain an occupancy permit within six months of said date. The permit fee shall be ten dollars for non-residential occupancy permits. 4.20 District Provisions. 4.21 Districts. (1) SR Single-Family Residence Districts: General single-family residence areas. (2) MR Multiple-Family Residence Districts: Areas deemed well-suited to apartment developments. (3) LB Limited Business Districts: Areas which are particularly exposed to residential neighborhoods and are thus suitable only to those businesses having, relatively little incompatibility with residential use. (4) RB Retail Business Districts: Areas which, because of proximity to thoroughfare intersections and proper distance from similar centers, are suitable to those businesses catering to the shopping needs of the residential neigh- borhoods. (5) GB General Business Districts: Areas which are designed for those businesses that tend to service other businesses and industry rather than the homeowner. They also tend to be less compatible with residential areas than other types of business. Because of these factors, businesses in this zoning classification are concentrated and are as insulated as possible from residential areas. 010166 (6) LI Limited Industry Districts: Areas which have the prerequisites for industrial development. Because of proximity to residential areas, however, there are limitations and higher development standards that do not apply to IiGeneral Industry" districts. (7) GI General Industry Districts: Areas which, because of availability to thorough- fares and railroads, suitable topography, and isolation from residential areas, are appropriate for manufacturing, warehousing, and similar uses generally considered as Hindustrial. II These districts are particularly suitable for those industries that cannot meet the high standards of Limited Industry areas. (8) Zoning Map The properties within the above zoning districts are described in Section 4.100, Zoning District Boun- daries. The various zoning districts are also shown on a Zoning Map, which is maintained in the Village Office. The Zoning Map is for the convenience of the public. Any error or omission in the map shall not affect the legality of the district boundaries as described in this ordinance or future amendments to the ordinance. 010166 .-q. :..--: .' ;,'': .~-~~> -, ....; . ~'" '. . ' . ....' '..... ,.. "--:--; - " }..-' "-; 4.23 Exceptions and Additions To Minimum Requirements. Subd.(l) Front Set-Backs~ T-"here adj oining structures existing at the time of adoption of this ordinance have a different front set-back from that required, the front set-back of a new structure shall conform to the prevailing set-back in the immediate vicinity. The Building Inspector shall determine the necessary front yard set-back in such cases. However, in no case shall a building be required to set-back more than 60 feet, except where an industrial district is adjacent to a residential district. In residential developments, the front set-back may be varied if there is an over-all design to the variation. In such a situation, the front yard set-back shall average 30 feet. Subd. (2) Side and Rear Set-Backs. (A) Buildings may be excluded from side and rear set-back requirements if party walls are used and if the adjacent buildings are constructed as an integral structure. (B) A single-family dwelling with a single level attached garage, but not basement garages in either single level dwellings or split-level dwellings, can be constructed no closer than five (5) feet from the lot line on the garage side, if the opposite side of the dwelling is ten (10) feet from the lot line opposite the garage side. Living quarters may be constructed behind such an attached garage constructed not closer than five (5) feet from the lot line; provided the wall facing such side lot line is solid and contains no windows, doors or other similar openings. No part of the fireplace or chimney shall be considered in determining whether the wall is constructed within five (5) feet. 010166 Subd. (3) Set-Backs Ad;acent to Residential Areas. Where a proposed business structure will be adjacent to a residential district, the mini- mum side and rear set-back from the lot line adjacent to the residential area shall be 25 feet. In the case of limited industrial districts, such minimum set-back shall be 75 feet. In the case of general industry districts, such minimum set-backs shall be 100 feet. Where such industrial districts are across the street from a residential district, the industrial development shall have a minimum front set-back of 75 feet. Subd. (4) Set-backs along Thoroughfares. (A) Along the following streets: 27th Avenue North 36th Avenue North 42nd Avenue North 49th Avenue North west of Winnetka Bass Lake Road l.Jest Broadway Winnetka Avenue County Road 4118 Boone Avenue North hereby designated as IIMajor Arterials", by the Council, the minimum front set-back shall be 90 feet from the center line of the street or 50 feet from the right-of-way line, which- ever is the greater set-back. (B) Where the side yard is adjacent to a "Major Arterial" the set-back shall be 35 feet from' the right-of-way line or 75 feet from the center line of the street, whichever is the greater set-back. Subd. (5) Set-back on Part of 49th Avenue. Along that part of 49th Avenue North lying East of Winnetka Avenue the minimum front set-back shall be 50 feet from the right- of-\vay line. 072567 Subd. (6) At the Intersection of Certain Thoroughfares and Railroads. At the intersection of all thoroughfares and rail- road right-of-ways and tracks where the paved portion of the thoroughfare crosses the tracks in the right- of-way on the same grade, there shall be a setback line in each of the quadrants formed by the railway right-of-way and the street right-of-way as follows: The setback line in each quadrant shall be a line drawn from a point 250 feet distant along the outside railroad right-of-way line from its intersection with the street right-of-way line to a point 250 feet distant from said intersection along the street right-of-way line. Within said setback area there shall be constructed no fence or structure nor shall there be permitted any tree, shrubbery or any other planting. Where non-adherence to such setback lines and pro- . hibition of ob~tructions, or adherence to lesser setback lines and controlling structures and obstructions by limiting their height to specified measurements, will not endanger or be likely to endanger any person or property, and the carrying on of the provisions will create unnecessary hard- ships, a variance may be granted. Subd. (7) Height. In residential districts, multiple dwellings and non-residential structures such as churches and schools, are exempt from height limitations, except that the set-back from any residential lot shall be at least 75% of the height, and the distance between any two structures must be no less than 75% of the sum of the heights of the two structures. Height shall be the height above grade. Subd. (8) Shopping Centers. Any new structure in a retail business zone must be shown to fit as to location into an over-all plan 010166 for the shopping center. Before any area is rezoned into a retail business zone, the following conditions must be met: (A) The shopping center will be located at an intersection indicated as a potential shopping center area on the comprehensive Municipal Plan. (B) Submission of a plot plan showing structures, parking, driveways, landscaping, and screening. (C) Demonstration that the developers are finan- cially able to carry out the project and that they will begin construction within 18 months after Council action on the proposal. (9) Planned Developments. Planned residential, commercial, and industrial developments may he excluded from certain require- ments of this ordinance (such as lot size, lot width, and set-backs), providing: (A) A complete, detailed plan is submitted, showing location of all proposed residential structures, trafficways, and other facilities. (B} The same over-all population density is main- tained as would be the case with more conven- tional development under the Village's zoning requirements. (C) The Council, upon review and recommendations of the Planning Commission shall find that the proposed development is fully consistent with the purposes of this ordinance. (D) The development shall conform to the plan as filed with the Village. 072567 Subd. (10) Special Requirements for Limited Industry Uses. (A) Lot Coverage. Not more than 40% of the lot, parcel or tract of land shall be covered in a Limited Industry District. (B) Contiguous Streets. In deter- mining the minimum lot area re- quirement of one acre, the con- tiguous streets shall be excludedo (C) Green Area. Not less than 35% of the lot, parcel or tract of land shall remain as a grass plot, including shrubbery, plantings or fencing, and shall be landscaped. The word "lsndscapedli means a controlled sur... fact and grade to allow a smooth sur- face flow and being under continual maintenance for the preservation of scenic harmony. (D) Parking Lots. The minimum setback for parking lots shall be 20 feet adjacent to a residential district and 10 feet adjacent to a non- residential district. (E) Emplo~ee Parking. No parking lot in front of the building shall be used by vehicles of employees. (F) Parking Lot Screening. The parking lot in front of the building shall be adequately screened from the street and from adjoining property in the residential district. 072567 (G) Landscaping Plans. Detailed landscaping plans shall be submitted to the Village Council for approval before a Building Permit may be ob- ta ined . (H) Design Standards-Curb Cuts. (1) All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering area. No driveway or curb cut shall exceed 28 feet in width. All driveways shall be divided by a central median strip not to exceed 4 feet in width. The two sides of the driveway shall be clearly marked, indicating "inil and lIoue'; (2) Curb cuts shall be placed at intervals of not less than 150 feet; (3) No curb cut shall be located within 75 feet of an inter- section, as measured from the drive- way centerline along the edge of the traveled surface to the inter- secting edge of the traveled surface. 4.30 Permitted Uses. Except as provided for under Section 4.13, Non- Conforming Uses, no building or premises may be devoted to uses other than those indicated below: 072567 Cf.) ," .j.J I.!) 1-1 (,) ~ 0 I 'M (I) '0 0 t.'J .-l l-l Q) Q) .-l <.C:l ::; <tl+J P-i P-i P-i P-lP-iP-i P-iP-i .-l Cf.) a "0 OM Cf.) ::; 0 l-I c: '-! .,..J ~ 0.. ...:l1-l.j.Jj::l 0 l-l l-l Q) Q) o....c "0 .j..l Cf.) S C\J Cf.) .j.J Q) ..-l Cf.) 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(,) ::; Q.) .!oJ..-l'O 0.-1 .!oJ '..0 ..-l .r-! ..-1 ..-l l-l ..-l ('jN <tl ::;SCf.)('Ij.!oJ P-i Pol P-iP-i P-iP-i P-iP-i <tl (,)0'> ~ <tl (l) OM Cf.) ..-1 0 Q) ~ ex: .!oJ ..-1 (,) (l) ..::t ..c ~ (:) (l) Cf.) .!oJ 0..::; C (/) 04-1 ..-l ..-1 0 (l) :>-,qj.!oJ I Cf.) ..c l-l (,) (l) ..-l C .!oJ Q) (l) s:: bO:>-'(l) (,) '0 s:: Cf) 0 C ..-l '0 0.-1 Q.) (l) 0.-1 '.-1 '.-1 ..-l l-l .j.J bO " a CZlS CI) <tl .j.J P-i Pol Pol Pol ..!oJ CI)~ <tl (l) ..-1 (/) Cf.) '.-1 4-1 s::..c ex: ~ ex: .!oJ ..-1 (l) S 0 0.j.J s:: r,r> (:) CI) l-l 0.-1 ..-1 0 ::J (l) CI) -!-ol '> 0.-1 0.. s:: ..-1 .... .j.J --- '0 0 s:: Cf.) co /' (l) (l) (/) (l) (/) ..-1 ..-1 ..-l s:: ./ (,) l-l (,) (/) -!-ol (l) .j.J t.!-l ..-l '.-1 ..-1 Cf.) 0 s:: Q) .j.J (/)..-1 (l) qj S :> Q) 0 (l) (l) bO s:: '.-1 ::; s:: (:) 4-1 l-l l-l Cf.)"O :>-, "0 (,) s:: s:: ..-1 S ..-1 (l) I' (l) bO CI).j.J bO .j.J .r-! C..-I 0 Cf.) l-l l-l 4-4 "0 (l).j.J tr.l s:: Q.) ::; s:: ..-1 (/) (l) 0....-1 ::; (l) o (l) s:: Cf.) Q) Q) ..-1 s:: 0 0.-1 ..-l (l)'O 0...j.J bOl:C! P-i~(:)('Ij ::;"0 l-l Q.) \-l ..-1 Cf.) ..-1 ~ ..-1 0 <tl..-l s:: ::;..-l ::; Cf.) bO ..-1 .j.J Cf.) ..c +J <tl..-I Q) .j.J ..-1 Cf.).j.J ::; S::+.J ::J..c :>-. (l) tr.l l-l s:: Cf.).-l ..-l..c(l)(,)..-lCf.)=~l-l (,)~~ Oor-f::;qj Pol ::;o..c<tl('lj(l) "o(l)(,)(')l-l~ ..-lo..SOCf.l (,)S(,)4-I(,)(,)\-l::;:>or-for-froS\-lor-fCl)l-l..c(l) or-fOl-l::;~~(l)..-l"O..-l..-l(l)qj(l)qjS::(l)(l)..-l III \-l.j.J::;S::"04-4..c(,)~..c..cCf.)~..c+.Jm~l-l] :>-. .j.J bO~..c<tlQ.)4-I.j.JS:: ::;::;Q.)I.!oJQ)l-l <tl (l) 0 ~~U~~OOI-l ~Polex:~Oex:~ ~~ ~ z 4.40 S PEe I A L USE S 4.41 General Statement. Certain uses, while generally not suitable in a parti- cular zoning district, may, under some circumstances, be suit- able. When such circumstances exist, a special use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. The cancellation of a special use permit shall be considered equivalent to a rezonfng, and the same procedural requirements shall apply. Uses existing at the time of adoption of this amendment and falling in the cat~- gory of special uses shall automatically be granted a special. use permit. 4.42 Why Certain Vses Require Special Use Permits. Sub. --(1) Residential Districts. 'In -residential Districts, certain uses are not considered appropriate within the interior of residential neighborhoods because of noise, traffic, commercial character or other condition that would tend to affect adversely the residential character of the neighborhood and reduce property values. These uses are considered appropriate only on the periphery of residential neighborhood. The uses may represent "bufferil uses for those areas lying between single-family dwellings and non-residential uses. Subd. (2) Business Districts. In Business Districts, certain uses are considered, as a rule, unsuitable in Limited and Retail Business Districts because of inherent nuisance characteris- tics (e.g. traffic, noise, glare), proximity to residential areas, or the fact they tend not to serve nearby residential areas. Stibd.. (3) Industrial. Districts. In Industrial Districts, certain uses are considered generally unsuitable in industrial districts because of conditions that would tend to discourage other industrial development in the vicinity. These con- ditions include noise, dust, glare or unsightliness. 010166 Certain other industrial land uses are considered generally inappropriate because they represent under-utilization of land. This, in turn, means a low tax return from land that under fuller develop- ment would be contributing needed revenue to the community's tax base. ,Subd. (4) In All Districts - Temporary Uses. Certain uses that are generally not suitable within a particular zoning district are potentially suit- able on a temporary basis. This may be due to the lack of development on existing property to a short- term need (such as highway construction), or to the limited degree of adverse affects upon adjacent land use. 4.43 Criteria For Granting Special Use Permits. In granting a special use permit, the Council shall find that: (1) In Residential Districts: (A) Non-residential traffic is thoroughfares and not onto streets. channeled onto minor residential (B) The proposed use will be sufficiently separated by distance or screening from adjacent residen- tially zoned land so that existing homes will not be materially depreciated in value and there will be no deterence to development of vacant land. (C) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. (D) There shall be no signs visible to abutting dwellings. (E) With the exception of two-family dwellings, the property is located immediately adjacent to a commercial area, industrial area, intersection of thoroughfares, intersection of thoroughfares and railroad; or, in the case of churches or apartment buildings, a thoroughfare. 010166 (2) In Business Districts: (A) The proposed use will not cause traffic hazard or congestion. (B) Adjacent residentially - zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristrics. (C) Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of nonshopping traffic or general unsightliness. (3) In Industrial Districts: (A) Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. (B) The use will prmvide an economic return to the community commensurate with other industrial uses that the property could feasibly be used for. (4) In all Districts-Temporary Uses. (A) Adjacent vacant land is not yet ripe for dev- elopment or will not be affected by the proposed use. (B) Adjacent developed land will not be adversely affected by the proposed use because of traffic, noise, dust, smoke, unsightliness, or other nuisance characteristic. (C) The period of t~e for which the special use permit is to be granted will terminate before any adverse effects are felt upon adjacent property. 010166 (D) There is adequate assurance, guaranteed by performance bond if necessary, that the pro- perty will be left in suitable condition after the use is terminated. 4.44 Listing of Special Uses. (2) (3) (1) In Residen~ial Districts: Cemet:aries. Churches, Pl:ivate Schools and Other Institutions; Commercial Park and Pool. Clubs and Lodges, non-profit. Greenhouses Home occupations that fail to meet the requirements established in residential districts Hospitals, Sanitoriums and Rest Homes Off-street parking for adjacent commercial or industrial uses Public Utility Buildings. In Limited Business Districts: Clubs ang-Lodges, non-profit Mortuaries Off-street parking for adjacent commercial or industrial uses Private colleges and institutions. In Retail Business Districts: Clubs andLodges-;non:profit Commercial recreation (such as bowling alley, pool hall) Fuel and ice sales Mortuaries Outdoor sales Restaurants with live entertainment and dancing Seasonal businesses Service Stations Taxi stand. (4) In General Business Districts: Schools, music, dance or business. 010166 (5) InlIndustrial Districts: epen stprage, wgere smc~ stprage IDS ~rID~ary. use. Railroad storage and switching yards Service Stations Motels and Restaurants. (6) In all Districts - Temporary Uses. .Off-street parking for-adjacent multiple residential or commercial uses. SUC~ parking may be either open or in. gar B:ge. . _ Black-top or crushing plant for highway materials Carnivals or circus for period not to exceed 10 days Christmas tree sales Excavating businesses - sand, gravel, or black dirt Stockpiling of material for use in highway construc- tion Religious meeting or tent or other temporary structure for a period not to exceed 10 days. 4.50 Accessory Uses. In addition to those primary uses that are permitted in a given district by special use permit or otherwise, the following accessory uses are permitted: 4.51 Accessory Uses in Residence Districts. (1) Conservatories for plants and flowers, not including ~l!Y busi:q.ess. ~tra~_e.. or industry. (2) Excavation incidental to construction on the premises. (3) Home occupations, providing no retail business other than that conducted by mail is conducted on the premises; there is no manufacturing or equip- ment repair; no stock in trade shall be kept and sold on the premises; no person not residing on the premises shall be employed; no interior or exterio~ alterations necessary to cDnduct a business shall be made to the structure; the entrance to the space devoted to such occupation shall be within the - dwelling; there is no exterior display or sign except those normally permitted in a residence district; there shall be no exterior storage of material or equipment; the home occupation is con- ducted entirely within a building. 050566 (4) Identification signs in accordance with performance standards governing signs (see Section 4.67). (5) Private garages containing not more than 700 sq. ft. of floor area or parking area for not more than four non-commercial passenger vehicles only. (6) Separate living quarters for domestic servants employed on the premises contain 16,000 square feet or more of lot area. (7) The renting of rooms by a resident family for lodging purposes only and for the accommodation of' not more than two roomers in a single family dwelling. 4.52 Accessory Uses In Business And Industrial Districts. (1) Business signs in accordance with performance standards governing signs (see Section 4.67) (2) Dwelling for watchman and family. (3) In industrial areas: restaurants, cigar and candy counters, and similar uses, provided such uses are primarily for the use of employees in the immedi- ate area. 4.60 Performance Standards. The performance standards established in this section are designed to encourage high quality residential and busi- ness development by providing assurance that neighboring land uses will be compatible, The performance standards are also designed to prevent and eliminate those conditions that cause blight. All future development in the Village shall be required to meet these standards. The standards shall also apply to existing development where so stated. The Building Inspector shall be responsible for enforcing these standards and may require the submission of information showing compliance or non-compliance with the standards. 010166 Before any building permit or certificate. of occupancy is approved, the Building Inspector shall determine whether th~ proposed use is likely to conform to the performance standards. The developer shall supply additicna1 data about the proposed qse \such as equipment to be used, hours of operation, method of refuse disposal, type and location of exterior storage,etc.), where required to do so by the Building Inspector. It may occ- asionally be necessary for a developer or business to employ specialized consultants to demonstrate that a given use will conform with the performance standards. 4.61 Exterior Storage. (1) Residential Districts. In R (residential) Districts, all material and equipment shall be stored within a building or fully screened from adjoining properties, except for the following: laundry drying and recreational equipment (not including trailers); constnuction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, off-street parking of passenger automobiles and pick-up trucks. (2) Nbn~Residential Districts. In all other districts, no materials or equipment may be stored outside except those directly related to the principal use or those being used for construction on the premises. (3) All Districts. Open Sales Lots shall be prohibited. All second-hand passenger cars and/or trucks, motor scooters, motorcycles, boats, trailers~ aircraft construction equipment and monuments held for sale or stored prior to sale, shall be stored within a building. (4) Laundry and Gardening Storage. Regardless of the provisions of Subsection 1 of this Section, on any lot or parcel containing a building with at least three (3) living units in a single family or multiple residential district, there shall be no exterior, open-air storage of laundry drying or gardening equipment. 010166 4.62 Refuse. (1) On all lots or parcels containing a building with at least three (3) living units, all waste material, debris, refuse, or garbage shall be kept in an enclosed building or enclosed structure; and an enclosed structure shall include wooden screening and roof, but not wire fencing. There shall be no exterior incineration. (2) In all other areas, all waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed con- tainer designed for such purpose. (3) In all areas the owner of vacant land shall keep such land free of refuse and weeds." 4.63 Screenin&. (1) Screening shall be required in all zones where a) any off-street par~ing area contains more than six parking spaces .''o'r is within 30 feet of an adjoining residential zone, or b) where the drive- way to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone. (2) Where any business or industrial use (i.e. structure, parking or storage) is adjacent to property zoned for residential use, that business or industry shall provide screening along the boundary of the resi- dential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Building Inspector). (3) IN ALL DISTRICTS EXCEPT GB and GI, all exterior storage shall be screened. The exceptions are: A) retail merchandise being displayed in front of the structure: B) materials and equipment being used for construction on the premises; C) merchan- dise located on service station pump. 010166 (4) The screening required in this section shall consist of a solid fence or wall, hedge, trees and windrows not less than 5 feet high but shall not extend within 15 feet of any street or driveway. Screening shall be placed along prop- erty lines or in case of screening along a street, 15 feet from the street right-of-way with land- scaping between the screening and the payement. 4.64 LANDSCAPING. IR'ALL DISTRICTS EXCEPT RB, GB ah~d SCB ana GI, all development uses shall provide a landscaped yard along all streets. This yard shall be kept clear of all structures, storage, and vehicle parking. In Residential Zones, this yard shall be at lease 20 feet. In Limited Business and Limited Industry areas, the YSEd shall be at least 20 feet in depth along all streets, measured from the street right-of-way. Except for driveways the yard shall extend along the entire frontage of the lot, and along both streets in the case of a corner lot. 4.65 MAINTENANCE. IN ALL DISTRICTS, all st~ctures, required landscaping and fences shall be maintained so as not to be unsightly to the adjoining areas. 4 . 66 GLARE. IN ALL DISTRICTS, any lighting used to illuminate an off- street parking area or sign shall be arranged as to deflect light away from any adjoining residential zone or from the public street. Direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property. 4.67 SIGNS. (1) RESIDENT,IAL DISTRICTS. Type--Identification sign only. Number--One only on any lot. Size--No more than one and one-half square feet per dwelling, 24 square feet for non-residential identification signs. 010166 Height--Not over 10 feet above grade. Projection into required front set-back"area--Any sign over one and one-half s~uare feet shall be set-back at least 10 feet from any property line. Illumination--Lighting for illuminated sign must be indirect or diffused. (2) LIMITED BUSINESS DISTRICTS. Type--Identification and business signs only. Number--One per principal entrance. Size--40 square feet. Height--No more than 2 feet above highest outside wall. Projection into required front set-back area--Any sign over 5 square feet may project only 2 feet into set-back area from building. Illumination--Il1uminated but non-flashing signs permitted. (3) ~SHap~NG;"'CENTER DISTRICTS. Type--Identification, business, and advertising signs. Number--Business signs (other than small signs below canopy): One per principal entrance or frontage on principal road, plus one over-all sign for shopping center. Outdoor advertising signs: No limit on number. Height-- Business signs: Roof signs may not be over 6 feet above highest outside wall or parapet, except for over-all shopping center signs, which may extend 30 feet above the roof. Projection into required front set-back area--Overall shopping .cen~.er identification signs: Not closer than 10 feet of street right-of-w&y. Wallar projecting signs: ~JO feet into set~back area. Il1umination--Il1uminated and flashing signs permitted. (4) GENERAL BUS HE SS DISTRICTS. Type--All types permitted. Number--Business signs: One on building and one pylon or pedestal sign per frontage on thoroughfare. Advertising signs: One structure (containing not more than 2 signs per facing) on one lot plus additional sign for each 100 feet of frontage in excess of 100 feet. 010166 Size--Business signs: 150 square feet per pedestal sign. 825 wquare feet per facing for outdoor advertising structure. Height--No more than 40 feet above grade - 27 feet above roof for foof signs. Projection into required front set-back area--Structures having a front set-back area more than 25 feet over that required may have a PYQon or pedestal-type sign within front set-back area, but not closer than 10 feet to the front property line. Wall and projecting signs may pro- ject 8 feet into front set-back area. Illum~nation--I11uminated and flashing signs permitted. (5) CENTRAL INDUSTRY DISTRICTS Type--al1 types. Number--Business signs: One per frontage on street, or per business. Advertising signs: One structure (containing not more than 2 signs per facing) on one lot plus additional sign for each lOa feet of frontage in excess of 100 feet. Size--No limit. Height--No ground sign more than 40 feet above grade and no roof sign more than 30 feet above roof. Projection into required front set-back area--2 feet I1lumination--Illuminated and flashing signs pe~mitted. (6) LIMITED INDUSTRY DISTRICTS. Type--Identification arid Business signs only. Number--Business signs: One per frontage on street, or per business. Size--Business signs: One square foot for each 100 square feet of ground floor area. Height--No higher than 5 feet above highest outside wall. Projection into required front set-back area--2 feet. I11umination--Il1uminated but not flashing signs permitted. (7) ALL DISTRICTS. (A) No sign may be erected that by reason of position, shape, or color would interfere with the proper functioning of a traffic sign or signal. (B) There shall be no flashing or revolving signs in the front set-back area within 125 feet of a street intersection. (C) Service station may erect pylon or pedestal sign anywhere in front set-back area but such signs may not be closer to side lot lines than the required side-yard set-back. . (D) Except for grand openings and holidays, banners and stringers may not be used. (E) There shall be no use of revolving beacons, zip flashers or similar device that would so distract automobile traffic as to constitute a safety hazard, (F) In districts other than General Industrial and General Business, signs shall not be painted on the outside wall of a building. Signs shall not be painted on a fence in any district. 010166 (G) For rent and for sale signs may be placed in any yard providing such signs are not closer than 10 feet to any property line and do not exceed 10 square feet in residential districts, and 32 square feet in other districts. (H)' Signs advertising new housing developments may be const~ucted in any district providing: anyone sign is not over 80 sq~are feet; the signs are located at ~st 130 feet from any pre-existing home; the signs are removed within two years or when the particular project is 75% sold out, which ever time is the shorter. (I) Except for grand opening and holidays, there shall be no temporary signs in any required set-back area. There shall be no more than 3 such signs on any parcel, and the total sign area shall not exceed 30 sqyare .f~et. (J) No sign shall overhang the public right-of-way. (K) Traffic control signs are permitted in any district. (L) Directional signs not located on the premises of the use in questions may be located in any district by conditional use permit. (M) The illumination of any sign located within 50 feet of a residential district lot line shall be diffused or indirect, non-flashing, designed so as not to reflect direct rays of light into adjacent residences. 010166 (N) If a commercial or industrial building faces a freeway or major arterial, the permitted size of sighs shall be doubled for each additional 25 feet of front-yard set-back; except that such increase shall not result in a sign area more than 20% of the area of the face of the building on which the sign is located. (0) To provide reasonable flexibility in these regulations, the Building Inspector may, subjectto the approval of the Council, approve an application for a sign that exceeds the number" size, or height, of signs permitted by these regulations where such exoeption would not be inconsistent with the intent of regulations. ." , l ;- 4.68 PARKING. Subd. (1) Surface and Drainage. Offstreet parking areas shall be improved with a durable and dustless surface. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the area. Subd. (2) Location. All accessory off-street parking facilities required herein shall be located as follows: (A) Spaces accessory to one and two-family dwellings on the same lot as the principal use served. (B) Spaces accessory to multiple-family dwellings on the same lot as the principal use served or within 400 feet of the main entrance to the principal building served. (C) Spaces accessory to uses located in a Business of Industrial District; within 800 feet of a main entrance to the principal building served. . (D) There shall be no off-street parking space within three feet of any street right-of-way. 010166 Subd. (3) ACCESS. . All offstreet parking spaces shall have access off driveways and not directly off the public street. Subd (4) DETERMINATION OF AREAS. A parking space shall not be less than 300 square feet of standing and maneuvering area. When application of tqese regulations results in requirement of a fractional space, any fraction up to and including one-half shall be disregarded. Fractions over one-half shall count as one additional space. Subd. (5) TRUCK PARKING IN RESIDENTIAL AREAS. No motor vehicle over 3/4 tons and no commercially licensed trailer shall be parked in a platted residential district except when loading, unloading or rendering a :: service. Subd. (6) OTHER PARKING IN RESIDENTIAL AREAS. Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes. Except for short-term parking (six hours or less), the number of vehicles parked on or in front of a residential lot shall not exceed the number of persons residing on the premises and having automobile drivers licenses. Subd. (7) SALE OF PARKING AREAS. Property that constitutes required off-street parking area may not be separated, through sale or other mea~ from the property containing the principal use for which the parking area is required. Subd (8) ,'\OFF- STREET SPACES REQUIRED. (one space--equa1s 300 square feet) 1 and 2 family residences--One space per dwelling unit. Multiple Dwelling of three or more Dwelling Units--one space per dwelling unit in addition to one garage per d"ve 11 ing uni t . Lodging Houses--One space for each two bedrooms. Churches, Theaters, Auditoriums, Mortuaries, and other places of assembly--One space for each 3 seats or for eaih five feet of pew length. Hospita1s--0ne space for each four beds and additional space for every employee. 010166 Business and Professional Offices (except Medical and Dental C1inics)--One space for each 400 square feet of floor space. Medical and Dental C1inics--Three spaces per doctor or dentist. Retail Shopping~-One space for each 85 square feet of retail floor space. Motels--One space for each unit and for each employee. Restaurants--One space for each 3 seats. Service Stations--Three spaces for each enclosed bay and one space for each full-time employee. Bowling Alleys--Five spaces per lane. Drive-Ins--At least 15 spaces for those serving food or refreshments, and at least 10 spaces for all others. Other Business and Industry--One space for eve~ two emp~oyees (based upon maximum planned employment during any work period) or one space for each 800 square feet of floor area, which ever requirement is the greater. Su,bd. (9) JOINT FACILITI~S. . " . Required p,arking; facilities Sel;ving two or more uses may be locateS on tfie same lot or ~n the same structure provided that the total number of parking spaces furnished shall be not less than the sum of the separate requirement for each use. The Council may approve the joint use of parking facilities by the following useskor activities under the following conditions: (A) For the purpose of this section, the following uses are considered as daytime uses; banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing wholesale and similar uses. (B) The following are to be considered as night- time or Sunday uses: Auditoriums incidental to a public or parochial school, churches, bowling alleys dance halls, theatres, bars or restaurants. 010166 (C) Up to 50 per cent -of the parking facilities required for daytime uses may be supplied by the off-street parking facilities provided by day- time uses, and vice-versa. (D) Conditions required for joint use: (i) The proposed joint parking space is within 500 feet of the use it will serve. (ii) The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed. (iii) A properly dr~wn legal instrument, executed by the parties concerned, for joint use of off- street parking facilities shall be filed with the Building Department. 4.69 OFF-STREET LOADING. (1) In connection with any structure which is to be erected or substaintia1ly altered, and which requires the receipt or distribution of material or merchandise by trucks or similar vehicles there shall be provided off-street~loading space on the basis of the fo11ow~ng minimum requirements: Square Feet of Aggregate Gross Floor Area Minimum Required Number of Berths Up to 10,000 10,000 to 16,000 16,000 to 40,000 For each additional 40,000 o 1 2 1 additional (2) The size of the berths will depend upon the size of the tLUcks expected to be used. 010166 (3) No leading berth of vehicles over two-tons capacity shall be closer than 100 feet to any residence district unless completely enclosed by building walls not less than eight feet in height. (4) Where noise from loading or unloading activity is audible in a residential district the activity shall terminat.e between" the,hours'.of 1:00 p.m. ~md. 7:00 a.nt.' 4.71 TRAFFIC CONTROL. The traffic generated by any use shall be channelized and controlled in a manner that will avoid: a) congestion on the public streets, b) trafficc' hazards, and c) excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial area shall in all cases be forward moving with no backing into streets. 4.72 PEDESTRIAN TRAFFIC. A sidewalk shall be provided with any new development along a street designated as a pedestrian walkway in the Village Plan. 4.73 DRAINAGE. No land shall be developed and no use shall be J:::e rmitted , that results in water run-off, flooding, or erosion on adjacent properties. Such run-off shall be properly channeled into a storm drain, water course, ponding area, or other public facility. All new development shall include provision of curb and gutter along public streets. 4.74 ARCHITECTURE. IN ALL DISTRICTS EXCEPT GB and CI, all principal buildings other than one and two-family dwellings must be designed by a registered architect. With respect to residential structures, there must be some variety in house design within a given block. 010166 4.75 EXPLOSIVES No activities involving the storage utilization or manu- facture of material or products which could decompose by detonation shall be permitted except such as are specifically licensed by the Council. Such materials shall include, but not be confined to, all primary expiliosives such as lead oxide and lead sulphate; all high explosives and boosters, such as TNT, TDS, tetryl and ammonium nitrate; propellant and component thereof such as nitr-oce11ulose, black powder, ammonium perchlorate and nitroglycerine; blasting explosives, such as dynamite, powdered magensium, potassium chlorate, potassium permangenates and potassium nitrate; and nuclear fuel and reactor elements such as uranium 235 and plutonium. ~_~a RADIATION and ELECTRICAL EMISSIONS. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. 4.77 OTHER NUISANCE CHARACTERISTICS. No noise, odors, vibrations, smoke, air pollution, or dangerous wastes shall be created that exceed the following: (1) Noise: Octave Band, Cycles per second Sound level in Decibals measured at property line 37.5 to 75 75 60 150 150 to 300 300 to 600 600 to 1200 1200 to 2400 2400 to 4800 Over 4800 Residence Districts 58 54 50 46 40 33 26 20 Non-Residence Districts 73 69 65 61 55 48 41 35 010166 (2) Odors: Table III (Order Thresholds) in Chapter 5. "Air Pollution Manual", copyright 1951 by Manufacturing Chemists Association, Inc., Washington D. C. (3) Vibration: Any vibration discernable (beyond property line) to the human sense of feeling for three minutes or more duration in anyone hour and any vibration producing an acceleration of more than 0.1 g or resulting in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U. S. Bureay of Mines Bulletin No. 442, "Seismic Effect of Quarry Blasting", on any structure. (4) Smoke: Any emission of visible smoke of a shade darker than No. 1 on the Ringe1mann Smoke Chart, as p'ub1ished by the U. S. Bureau of Mines, except that visiable gre y smoke of a shade not darker than No. 2 on said chart maybe emitted for not more than four minutes in any 30 minutes. (5) Air Pollution: (Fly Ash, Dust, Fumes, Vapors, Gases etc.) Any emission which can cause any damage to health, animals, or vegatabi0n, or other forms of property, or which can cause any excessive soiling at any point and in no event any emission of any solid or liquid particles in , concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. For measurement of the amount of particles in gasses resulting from combustion, ; standard corrections shall be applied to a stick temperature of 500 degrees Fahreheit and 50% excess air. (6) Hastes: (A) All wastes shall be dispoed of in manner that is not dangerous to public health and safety. (B) Wastes may not accumulate on the site, except where fully screened from ad.:j-aeent '~properties . (C) Wastes discharged into a public sewer system: (i) Shall be neutralized to a pH of 7.0 as a daily average on a volumetric basis, with a temporary variation of pH 5.0 to 10.0. 010166 (ii) Shall contain no Cyanides and no Halogens, and shall contain not more than 10 p.p.m. of the following gases: Hydrogen, Sulphur Dioxide and Nitrous Oxide, (iii) Shall not contain any inso1uab1e substances in excess of 10,000 p.p.m. or exceed a daily average of 500 p.p.m. or fail to pass a~No. 8 Standard Sieve, or have a dim~nsion greater than ~ inch. (iv) Shall not have "a chlorine demand greater than 15 p.p.m. (v) Shall not contain phenois in excess of .005 p.p.m. (vi) Shall not contain any grease or oil or any oily substance in excess of 100 p.p.m. or exceed a daily average of 25 p.p.m. 4.78 MULTIPLE-DWELLING DESIGN AND STANDARDS FOR APARTMENT WITH THREE OR MORE LIVING UNITS. Subd. (1) SIDEWALKS. Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances to the building. Portland Cement concrete walks shall be provided in the boulevard to a mirtirn:um width of five feet withtiany such apartment development adjacent to a major arterial street. Subd. (2) GARAGES. A private garage shall be provided in connection with the erection or increase by units of any such apartment house building as follows: One private garage per dwell{ng unit. Each garage shall have an individual door and shall be constructed of comparable material and of the same architectural treatment as the main building. If more than one private garage is contained in a single building, the area of each such private garage shall be separated by 010166 a-continuous fire-resistant wall extending from the foundation to the roof at all points. N~~withstanding any provisions of the "Uniform Building Code", adopted by reference, nor'. any other provisions of the ordinances of the Village, such area separation wall shall be wood stud walls, finished on each side with gypsum wallboard which is not less than one-half inch (~") thick. Such gypsum wallboard shall compi1~,with U. B. C. Standard No. 47-8-6l. Garage buildings may have common walls. Subd. (3) Parking. Regardless of the provisions of 4.68 (1), off-street parking areas shall be paved with an asphaltic or concrete surfacing, including driveways, afford adequate drainage; and shall have interior concrete curbs defining the perimeter. Parking areas shall be used for automobile parking only with no sales, dead storage, reR~ir work, dismantling or servicing of any kind. 010166 4.80 ADM I N I S T RAT ION 4 .81 At''I1ENDMENT,S., TO ZQllING QRD~NANr.E.. An amendment to either the text of the zoning ordinance or the changing of zoning district boundaries (rezoning) may be initiated by the Council, the Planning Commission, or by petiti0n.of affected property owners. An amendment not initiated by the Planning Commission shall be referred to the Planning Comm}ssion for study and report and may not be acted upon by the Council until it has received the recommendation of the Planning Commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amend- ment without a report by the Planning Commission. A public hearing shall be held thereon by the Planning Commission after notice .Qf the time, place and purpose thereof has been published in the official newspaper of the V.illage at least 10 days prior to the day of the hearing. The :term ~~affecEed property owner'l means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having a legal or equitable ownership interest in the land in question. 4 . 82 REZONING. ln addition to the foregoing, the following provisions shall apply to rezoning: Subd. (1) Zoning For~. Property owners wishing to initiate rezoning of their property shall fill out a "zoning formll, copies of which are available at the Vi1l1age Hall. Such forms shall be duly signed by the petitioners who shall recite therein, in such general terms or particularity as the Planning Commission or Council may require, the nature of their legal oreguitable interest in the property in question, and the change desired. The zoning form shall be accompanied by a fee,'of $50.00, to be used for the cost of processing the application. The zoning form shall be filed with the Clerk-Treasurer. ,Q7gS67 Subd. (2) Notice. The Clerk-Treasurer shall set a hearing on the application and shall publish notice of the hearing. When an amendment involves changes in district bound- aries affecting an area of 5 acres or less, a similar notice shall be mailed at least 10 days before the day of the hearing to each owner of affected property situated wholly or partly within 200 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the Clerk-Treasurer may use any appropriate records to determine the names and addresses of owners. A copy of the notice, a 1i.st of the owners and addresses to which the notice was sent shall be attested to by the Clerk-Treasurer and shall be made part of the records of the proceedings. Failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. (3) Hearing. The hearing on the rezoning application shall be held by the Planning Commission at its fir~t regular meeting following newspaper publication of the hearing, but not earlier than 10 days after publication. Subd. (4) Planning Commission Recommendation. The Planning Commission shall determine whether the proposed change conforms to its general land use plan. It shall make its recommendations to the Council on or before the next regular meeting of the Planning Commission following the date the hearing on the petition is concluded. tU1-25€P7 4.83 SPECIAL USE PERMITS. - . A special use is one that mayor may not be compatible with other uses in the district within which it is located. The compatibility must be judged on the basis of the partic- ular circumstances and may require the imposing of conditions. The procedure for issuance of special use permits is as follows: (~) The person applying for a special use permit shall fill out and submit to the Clerk-Treasurer a Zoning Form, copies of which are available at the Village Hall together with a fee of $25.00 (2) The Clerk-Treasurer shall refer the application to the Planning Commission. Property owners within 150 feet of the property in question shall be notified, although failure of any property owner to receive such notification shall not invalidate the proceedings. (3) The Planning Commission shall consider the petition at its next regular meeting, but not earlier than 6 days. (4) The petitioner of his representative shall appear before the Planning Commission in order to answer questions concerning the proposed special use. (5) The Planning Commission will consider possible adverse effects of the proposed special use and what additional requirements may be necessary to prevent such adverse effects. (6) The recommendation of the Planning Commission shall be placed on the agenda of the Council at its next regular meeting following recommendation from the Planning Commission. 010166 4.84 VARIANCE. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this ordinance, a variance may be granted. The difficulties or hardships must have to do with the characteristics of the land and not of the property owner. Subd. (1) Zoning Form. A person desiring a variance shall fill out and submit to the Clerk-Treasurer a "Zoning Form", copies of which are available at the Village Hall, togelther', with fee of $15.00. Such form shall be duly signed by the petitioners who shall recite therein, in such general terms of particularity as the Planning Commission or Board of Appeals and Adjustments may require, the nature of their legal or equitable interest of the property in question, and the change desired. If possible, the petitioner shall obtain the written con- sent of any adjacent property owners who might be affected by the variance. Subd. (2) Reference to Board of Appeal and Adjustments.' The Clerk-Treasurer shall refer the appeal or petition to the Board of Appeals and Adjustments and a copy thereof to the Planning Commission. ;O'1~Ej~!l 4.90 R U L E SAN D D E FIN I T ION S 4.91 RULES OF CONSTRUCTION.. The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of constnuction: (1) The singular number includes the plural, and the plural the singular. (2) The present tense includes the past and future tenses, and the future the present. (3) The word llshall" is mandatory while the word 11 may II is permissive. (4) The masculine gender includes the feminine and neuter. (5) All measured distances shall be to the nearest integral foot. If a fraction is ~ foot or less, the integral foot next below shall be taken. 4.92 DEFINITIONS. The following \'JOrds and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Subd. (1) Accessory Use or Structure. Accessory use or structure: The use or structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto. 010166 Subd. (2) Agriculatural Uses. Agriculture uses: Those uses associated with the growing of produce and livestock on~farms. These include: field crop farming; fruit growing; tree, shrub, plant or flower nursery without building; truck gardening, roadside stand for sale of products grown on premises; livestock raising and feeding (not including fur farms, commercial animal feed lots, kennels, and poultry farms). Subd. (3) Apartment. Apartment: A room or suite of rooms with cooking facilities available which is occupied as a residence by a single family. Subd. (4) Automobile Service Station. Automobile Service Station: A place where gasoline, kerosene, or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles Includes greasing and oiling and the sale of automobile accessories on the premises. Also fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exeeeding l~ tons capacity. It shall not include general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collsi6n service, including body, frame or fender straightening or repair; over-all painting or paint job; vehicle steam cleaning. Subd. (5) Automobile Service Uses. Automobile Service Uses: Those uses catering to the motorist along the highway. These include: auto laundry; eating establishments; motels (tourist courts) outdoor advertising; refreshment drive-ins; public garages, repair garages; seasonal produce stands; service stations. 010166 Subd. (6) Auto Wrecking Yard. Auto wrecking yard: Any open space'where three or more inoperative vehicles are stored which are not registered and which do not possess currect State auto licenses. Subd. (7) Basement. Basement: (see definition in Building Code). Subd.(8) Boarding House. Boarding House: (Rooming or Lodgingr:tlouse}~ ~A building containing lodging rooms accommodating, for compensation, three or more persons, but not exceeding twelve, who are not of the keeper's family. Lodging may be provided with or without meals. Subd. (9) Building. Building: Any structure which is built for the support, shelter or enclosure of persons, animals, chattels or movabThe property of any kind which is permanently affixed to the land. Subd (10) Business. Business: Any.occupa~ion, employment or enterprise wherein merchandise is exhibited or sold, or which occ- upies time, attentio~, labor and materials, or where services are offered for compensation. Subd. (11) Church. Church: A building together with its accessory bBildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, iSFmaintained and controlled by a religous body orgainized to sustain public worship 010166 Subd. (12) Club or Lodge. Club or Lodge: A club or lodge is a non-profit association of persons, who are bonafide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissab1e to serve ~ood and meals on such premises providing adequate dining room space and kitchen facilities are avai1abe. Serving of alcholic beverages totIembers and their guests shall be allowed pro~~4ing such serving is secondary and incidental to the operation of the dining room for the purose of serving ;ood and meal and providing IurEher.that such serving of alcho1ic beverages is in compliance with the applicable Federal, State and Municipal laws. Subd. (13) Compatible. Compatible: A structure shall be deem~dcc~pat~&~e when its exterior architectural appeal and functional plan will not be so at variance with those of other structures in the immediate neighborhood as to cause substamtia1 depreciation of property values thereof. Subd. (14) Dog Kennel. Dog Kennel: Any place where four or more dogs over six months of age are kept, or offered for sale. Subd. (15) Dwelling. Dwelling: A residential building or portion thereof, but not including hotels, motels, boarding or rooming houses, tourists homes or trailers. Subd. (16) Family. Family: a family is: (1) An individual, or two or more persons related by blood, marriage or adoption living together, or 010166 (2) A group of not more than five persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of usual servants. Subd. (17) Floor Area. Floor area: The sum of the gross horizontal areas of several floors of the building or portion thereof devobed to a particular use, including accessory storage ~areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of woods, the floor area shall not include: basement floor area other than area devoted to retailing activites, the production or processing of goods, or to business or professional offices. The floor area of a residence shall not include basement area or the area of attached garages, enclosed breezeways, or porches. ' Subd. (18) Garage, Private. Ga~age, private: An access~ building or accessory portion of the principal building which is intended for and used foystore the private passenger vehicles of the family Or families resident upon the premises, and in "which no business service or industry'is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two car capacity may be so rented. Such a .garage shall not be used for more than one commercial vehicle. The load capacity of such commercial vehicle shall not exceed one ton. Subd. (19) Ganage, Public. Garage, public: a.\building except any. herein defin~d as a private .garage 9r as a repa~r gar~ge,. used for the s!torgge of motor vehicl'es, or where any such vehicles are kept for remuneration or hire and in.- 010166 which any sale of gasloine, oil and .accessories is only incidental to the principal use. Subd. (20) Garage, RepaiL. Garage, repair: A'bui1ding or space for the repair or maintenance of motor vehicles but not including facto-g,' assembly of such \Qehicles, auto wrecking establishments or;junk.,y~n:ds. Subd. (21) Home Occupation. Home Sccupation: Any gainful occupation or profession: engaged ':j..n . by the occupan~ of a d\~e 11ing at or. -:from the dwe1lin'g when carrried on. within a 'dwelling unit and not',' in an'a~cessory building. Subd. (22) Hotel. Hotel: A building which provides a common entrance, lobby, halls and stairway and in which lodging is offered withvor without meals to thirteen or more guests. Subd. (23) Junk Yard. Junk yard: An open area where waste, used or second hand materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled, includipg, but not limited to scrap iron and other metals, paper, rags, rubber, tires and bottles. A junk yard includes an autowrecking yard but does not include uses established entirely within buLilidings. Subd. (24) Lodging Room. Lodging room: A room rented as sleeping and living quarters, but without cooking faciiities and \vith or without an individual bathroom. In a suite of rooms without. 'cooking . facilities, each room ,which provides steeping acc~modations shall be counted as one lodging room. 010166 Subd. (25) Lot (of Record). Lot (of record): A parcel of land, whether subdivided or otherwise legally described, as of June 23, 1960, (the effective date of this ordinance), or approved by the v'illage as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this ordinance and having its principal frontage upon a street. Subd. (26) Lot, Corner. Lot, corner: a lot situated at the junct~on of and abutting on two or more intersection streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less. Subd. (27) Lot, Front of; Lot, front of: The front of a lot shall be, for the purpose of complying with this ordinance, that boundary abutting a public right-of-way havmng the least width. The owner of a corner lot may select either street lot line as the front lot line. Subd. (28) Lot, Line. Lot, line: A property boundary line of any lot held in a single or separte ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line. Subd. (29) Lot, Width. Lo~ width: The mean horizontal distance between the side lot lines at the front minimum set-back line. 010166 Subd. (30) Manufacturing Uses. Manufacturing uses: All manufacturing, compounding, processing,packaging, treatment, or assembly of products and materials. Subd. (31) Medical Uses. Medical uses: ThGse uses concerned with the diagnos~s. 1 treatment, and care of human beings. These include: hospitals; dental services; medical services or clinic; nursing, convalescent home; orphan's home; rest home; sanitarium. Subd. (32) Motel. Motel~(Tourist Court): A building or group of detatched, semi-detached, or attached buildings containing guest rooms or dwellings, each of which has a seperate outside entrance leading directly from the outside of the building, with garage or parking space conveniently located to each unit, and which is designed, useador intended fo:-beoprimarily used for the accommodation of automobile transients. Subd. (33) Non-Conforming Use. Non-conforming use: Any building, structure-or iand lawfu11y bccupied' by a use or' lawfu1ly~eseablished at the time of the passage of this ordinance or amend- ments thereto, with the use Iregulations therein. Subd. (34) Nuisance Characteristics. Nuisance characteristics: offensive odors, noises, substances, smoke, ashes and soot, dust, gas, fumes, chemical diffusion, smog, disturbances and vibrations, sights, or the like or thi~gs, conditions, 0r uses which may work a hurt, annoyance, inconvenience or damage 010166 to the public or to another, with respect to his comfort, health, repose or safety, or with respect to the free use and comfortable enjoyment of his property, even thoughL-not of suffieient degree to consitute a nuisance at law. Subd. (3:5;) 0 f fice Use s . Office Uses: Those commercial activities that. take p1ace in office buildings where, goods arenot.produced, sold or repaired, These include: banks, general offices; governmental office, insurance office; personal loan agency; professional office; real estate office; taxi-cab office, but not taxi stand; travel agency or transportation ticket office; telephone exchange; utility office, radio broadcasting facility. Subd. (36,) Off-Street Loading Space. Off-street loading space: A space accessible from a street, alley, or drive-way for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one tnuck of the type typically used in the particular business. Subd. (~fi) Open Sale Lot. Open sale lot: Any land used or occupied for the purpose of having and selling second-hand passenger cars and/or trucks, motor scooters, motorcycles, boats, trailers, aircraft construction equipment and monuments and for the storing of same prior to sale. Subd. (3?8,) Parking Space. F~rking space: A suitable surfaced and 'permanently m?intained area on privately owned property either within o'r outside of a building of suff.icient size to store one standard automobile. 010166 Subd. (39) Public Stables. Public Stables: A stable where horses are kept for renumeration, hire, or sale. Subd. (40) Public Utility Uses. Public Utility Uses: Transmission facilities ,.of electric power, gas, water, telephone and railroad companies. These include: electric power transmission lines and gas pipe lines (but not substations); telephone facilities; water pumping, reservoir, and distributn6n facilities; railroad trackage, but not including storage and switching yards. Subd. (41) Research. Research: Medical, chemical, electrical, metall- urgical or other scientific research. Subd. (42) Rest Home. Rest Home (Nursing Home): A private home for the care of children or the aged or inf~rm or place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care or care for mental illnesses or informalities. Subd. (43) Retail Shppping Uses. Retail Shopping Uses: Stores and shops selling the personal services or goods over a counter. These include: antiques; art and school supplies; auto accessories; bakeries; barber shop; beauty shop; bicycles; books and stationery; candy; cameras and photographica1 supplies; carpets and rugs; caterings estabilishments; china and glassware; christmas tree sales; clothes pressing;clothing and costume rental; custom dressmaking department stores 010166 and junior department stores; drugs; dry goods; electrical and household appliances, sales and repair, florists; food; furniture; furrier shops; garden supplies (year- rounc operation only); gifts, hardware; hats; hobby shops for retail of items to be assembled or used away from the premises; household appliances; hotels and apartment hotels; interior decorating; jewelery, including watch rep.?ir; laboratories, medical and dental research and testing; laundry and dry cieaning pickPup, processing to be done e Ise\vhere; launcroma t ;. leather goods and luggage; locksmith shops; musical instruments; office supply equipment; optometrists; paint and wall paper; phonograph recprd; P9ot9gr~p'hy. studips; restaurants, when no entertainment or dancing is provided; shoes, sporting goods; .';tailoring; theatre, except open air drive-in; tobacco; toys; variety stores; wearing apparel. Subd. (44) Set-Back. Set-back: The minimum horizontal distance between a building and street or lot line. Subd. (45) Sign. Sign: A name, identification, description, display illustration, structure or device which is affixed to, or P?inted, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which direct attention to an object, product, place, activity, person, institution, orgainziation or business, and may be a single-face, double-face or IlVr~-type structure. Subd. (46) Sign, Advertising. Sign, advertising: A sign which directs attention to a business, commodity, service, or entertainment, not necessarily conducted, sold or offered upon the premises where such sign is located or to which it is affixed. 010166 Subd. (41) Sign, Business. S~gn, business: A sign which directs attention to a business or profession or to the primary commodity; service or entertainment sold or offered upon the premises where such sign is located or to which it is attached. Subd. (48) Sign, Flashing. Sign, flashing: Any illuminated sign on wh~Gh the artificial light is not maintained stationary and/or constant in intensity and color at all time when such sign is in use. Subd. (49) Sign. Identification. Sign, identification: A sign identifying a resident, school, church or other non-business use. Subd. (50) Sign, Illuminated. Sign, illuminated: Any sign which has characters, letters, figures,de~ign or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Subd. (51) Sign, Pedestal. Sign, pedestal: A sign erected upon a single post or shaft. Subd. (52) Sign, Temporary. A sign that is not solidly affixed to the ground or to a1bul1aing. Subd. (53) Sign, Gross Surface Area. Sign, gross surface area: The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or bebveen any adjacent elements of the same. However, 010166 such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. In computing square foot area only "one side of a double- face of "V"- type structure shall be considered. Subd. (54) Structure. Structure: Anything erected, the use of which requires more or less permanent location on the ground; or.<g.:tt:aCheJ:1 to something: having a permanent location on the ground. This shall include signs; Subd. (55) Trailer Park. Trailer Park: Any premises on which are parked one or more trailers, or any premises used or held out for ilie..:purpose of supplying to the public a parking space for one or more of such trailers; does not include sales lots--on which automobiles or unoccupied trailers-- new or used-- are parked for purposes of inspection or sale. Subd. (56) Transportation Terminal.._ Transportation terminal: Trucks, buses, railroad, or air terminal. Subd. (57) Warehousing. Warehousing: The storag~ of materials or equipment within an enclosed building. Subd. (58) Wholesale Business. Wholesale business: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer. 010166 Subd. (59) Yard. Yard: An open space on the lot which in unoccupied and onobstructed from its lowest level to the sky. The yard extends along the line at right angles to such lot line to a depth or width specified in the set-back regulations for the zoning district in which such lot is located. Subd. (60) Yard, Front. Yard, rear: The portion of the yard the same lot with the principal b~ililding located between the rear line of the building and the rear lot line and extending for the full width of the lot. Subd. (61) Yard, Side. Yard, side: The yard extending along the side lot line between the front and rear yards. 010166 4.100 D.I S T R C T B 0 U N D A R I E S 4.101 General. All of the below described areas are within the boundaries of the Village, in determining said areas, measurement shall be made from the center lines of streets and avenues, and at intersections from the intersection of said centerlines, provided that such rule of construction shall not apply to any area described where the context of such in inconsistent thereto. All references to Auditor's Subdivisions, Registereq Land Surveys, or Subdivisions are according to the maps or plats of record in the office of either the Register of Deeds or Registrar of Titles of Hennipen County, Minnesota. 4.102 Extent of SR Single-Family Residence Districts. For the purpose of this ordinance and for no other purpose, all of the incorporated territory of the Village shall be and the same is hereby established as and'placed in the Single- Family Residence District, excepting therefrom such portions of such territory hereinafter specifically placed in and estabilished as some other district. 4.103 Extent of MR Multiple-Family Residence ,Districts. The following area in the Village shall comprise the MR Multiple-Family Residence Districts: (1) All of Outlot 2, Mork-Campion Heights Addition, together with all of Outlot 1, Mork-Campion Heights Second Addition. (2) That part of the Northeast quarter of the Northwest quarter of Section 5, Township 118, Range 21 lying East of West Broadway, West of ~he East line of said Northeast quarter of the Northwest quarter. South of the South line of Registered Land Survey No. 840, as extended Easterly, and North of a line drawn from a point on the center line of West Broadway 830.53 feet South, as measured along the center line of West Broadw?y, frpm the North line of the said Northwest quarter to a 010166 point on the East line of the said Northeast quarter of the Northwest quarter 783.2 feet South of the Northeast corner therof; except the North 150 feet of the East 200 feet of said described tract, and also except the North 190 feet of the said described tract lying West of a line drawn North and South from a point 505.7 feet West of a point on the centerline of West Broadway, 375.61 feet South as measured along said centerline, from the North line of said Northwest quarter, except the East 62.8 feet of the North 95 feet thereof.. (3) Rockford Park Addition, Block 6, Lots 5, 6, 7, 32, 33 and 34; together with that part of Lots 1, 2, 3, and 4 of said Block 6 lying South of the North 125 feet of said lots; and also together with the following described parcel which has been vacated, to wit: All portion of the East and West alley as formerly platted in Block 6, located between and agjacent to Lots 1, 2, 3, 4 and Lots 5 and 34. (4) All of Lot 1, Bleck 1, Lamphere's Terra Linda Addition, except that part of Lot 1 lying West of a line a distance of 223 feet East of and parallel with the centerline of Winnetka Avenue, and North of a line, a distance of 183 feet North of and parallel with the centerline of 27th Avenue North. (5) Outlots 2, 3 and 4, Holberg Heights Addition. (6) That part of the West one-half of Lot 32, Auditor's Subdivision No. 226, Hennipin County, Minnesota, described as follows: Beginning at the Southeast corner of the West one-half of said Lot 32; thence at right angles Northerly to a point 100 feet South from the Southeast corner of the North 6 acres of the West one-half of said Lot 32; thence at right angles West to the West line of said Lot 32; thence South along the West line of said Lot 32 to a point 178.2 feet North of the Southwest corner of the said Lot 32; thence East parallel with the South line 010166 of said Lot 32 100 feet; thence South parallel with the West line of said Lot 32 to the South line of said Lot 32; thence East along the South line 30 feet, thence North parallel with the West line of said Lot 32 to a point 178.2 feet North of the Southwest corner of said Lot 32; thence East parallel with the South line of said Lot 32 100 feet; thence South parallel with the West line of said Lot 32 to the South line of said Lot 32; thence East along the South line 30 feet; thence North parallel with the West line of said Lot 32 113 feet; thence East parallel with the South line of said Lot 32 to .its intersection with a line running parallel with and 30 feet West of the East line of the West one- half of said Lot 32; thence South along above-described parallel line to the South line of said Lot 32; thence East along the South line to ' point of beginning. (7) Blocks 5 and 8, Howlands'is Heights Addition. (8) Lot 13, and the North 10 feet of Lot 1, except that part thereof embraced in Plat of Rosalyn Court, Block 1, Lamphere's Terra Linda. (9) The South 460 feet of the North 1,067 feet of Lot 34, Auditor's Subdivision No. 324, Lying West of the East 163 feet thereof, together with the East 163 feet of Lot 32 of said Subdivision No. 324. (10) That part of the Northwest quarter of the Southeast quarter of Section 6, Township 118, Range 21 lying South of the centerline of Bass Lake and Corcoran Road (socaililed) and lying West of line drawn from poimt in a centerline of said road, 873.3 feet Southeasterly, as measured along said centerline from the West line of the said Northwest quarter of the Southeast quarter, to a point in the South line of said Northwest quarter of the Southeast quarter} 832.7 feet East of, as measured along the South line of siad quarter-quarter from the Southwest corner thereof. Except that part described as follows: Commencing at the 010166 Southwest corner of the said subdivision; thence North along the West line of said Southeast quarter 1,101 feet to the centerline of Bass Lake Road; thence Southeasterly along the centerline of said road 522.8 feet; thence Souther~y to a point in the South line of said subdivision 502.7 feet East from the said Southwest corner; thence West along the South line of said subdivision to the point of beginning. (11) The East 130 feet of the West 790 feet of the South half of the Northwest quarter of the Southwest quarter of Section 8, Township 118, Range 21. (12) Block 1, Twin Terra Linda 4th Addition. (13) Lots 1 thru 12, Block 4, Hi1lsborough Manor Addition. (14) That part of the Southwest quarter of Southwest quarter of Section 8, Township 118, Range 21, described as follows: Commencing at the Northeast corner of Lot 2, Block 3, Winnetka Hil~Addition, thence Southerly 492.78 feet along the East boundary of said Block 3 and its extension Southerly to the actual point of beginning; thence continue Southerly on last described course to the South line of the said Southwest quarter of the Southwest quarter; thence West along said South line for a distance of 165 feet; thence North parallel with the West line of said Southwest quarter of the Southwest quarter for a distance of 350 feet; thence Northeasterly to the point of beginning. (15) Lot 5, Block 1, Twin Terra Linda 3rd Addition. 010166 (16) That part of the Southeast t of the Southeast t of Section 7, Township 118, Range 21, Lying South of 46th Avenue North, Except that part embraced in Del Heights Addition and RegisteredLand Survey 1070, and except the West 82.5 feet of the South 198 feet thereof. (17) That part of the North half of the Northeast t of the Northeast t of Section 19, Township 118, Range 21, lying East of Royal Oak Hills 7th Addition, except the East 175 feet of the North 175 feet thereof. (18) That part of the Northwest t of the Southeast t of Section 6, Township 118, Range 21, Lying South,of Bass Lake Road and East of Taras Rudy Addition, and that part of the West 210 feet of the Northeast t of the Southeast t of said Section 6 lying North of the South 225 feet thereof and South of Bass Lake Road. (19) The North 935 feet of Lot 3, Auditor's Subdivision No. 324. (20)': The South t of the Southwest t of the Northwest t of Section 8, Township 118 . Range 21, except the East 145 feet and except the North 50 feet thereof. (21) That part of Lot 34, Auditor's Subdivision No. 226, lying North of a line drawn parallel to and 279.81 feet North of the centerline of Bass Lake Road. (22) That part of Lots 18 through 30, inclusive, Auditor's Subdivision No. 324, lying West of the East 130 feet thereof. (23) That part of the Southeast t of Section 18, Town- .ship 118, Range 21, described as beginning at a point on the South line of said Southeast t, 233 feet West of the Southeast corner thereof, thence 233 feet, thence West parallel to the said South line 498.29 feet, thence deflect 14 degrees, 281, 10" to the right a distance of 190 feet, thence South parallel to the East line of said Southeast t to the said South line, thence East"along said South. line to the point of beginning. 010166 (24) The South 388.93 feet of the North 735 feet of Lot 2, Auditor's Subdivision No. 324, said distances being-: measured along the West line of Section 17, Township 118,' Range 21 from the Northwest corner thereof and parallel with the North line of said section. (25) Lot 1, Block 1, Mork-Campion Manor. (26) The East 255 feet of the South 430 feet of the Northwest ~ of the Southwest ~ of the Southeast ~ of Section 6, Township 118, Range 21, and that part of the East 355 feet of said Northwest ~ of the Southwest ~ of the Southeast ~ lying North of the South 430 feet thereof. (27) That part of the North ~ of the Southwest ~ of the Northwest ~ of Section 18, Township 118, Range 21, described as beginning at a point 150 feet North of the South line of said North ~ and 393.5 feet East of the West line thereof, thence East 250 feet, thence South 150 feet to said South line, thence East along said South line to a point 185 feet West of the Southeast corner of said North ~, thence Northeasterly 170 feet to an intersection with a line drawn 150 feet West and parallel to the East line of said North ~, thence North along said parallel line to a P9int 115.5 feet South of the North line thereof, thence West 644.5 feet, thence Southwesterly to the point of beginning. (28) That part of the South ~ of the Southwest ~ of the Northwest ~ of Section 18, Township 118, Range 21 described as beginning on a point on the West line thereof distant 155 feet South from the Northwest corner thereof, thence East 363 feet, thence North 155 feet, thence East to a point 185 feet West of the Northeast corner of said South ~, thence Southeasterly to a point on a line drawn parallel with and 150 feet South of the North line of said South ~ and distant 165 feet from the East line thereof, thence West 480 feet, thence South 55 degrees, 30 minutes West, a distance of 208 feet; thence North 64 degrees West; a distance of 180 feet, thence South 232 010166 feet, thence Southwesterly to a point on a line drawn parallel with and 250 feet East of the West line of said South ~, distant 168 feet North of the South line thereof, thence South 168 feet to said South line, thence west'to the West li~e of said South ~, thence North to the point of beginning. (29) All of Block 6, Howland's Heights. 4.104 Extent of LB Limited Business District. The following aneas in the Village shall comprise the LB Limited Business District. (1) An area along both sides of 42nd Avenue North (also known as Rockford Road) for a depth of 330 feet measured from the centerline of said 42nd Avenue, extending East from the centerline of County Road No. 18, a distance of 250 feet to a line drawn East of and parallel with the centerline of County Road No. 18. (2) Outlot 1, Holberg Heights Addition. (3) Premises described as follows: Commencing at North- east corner of the South ~ of the Southeast quarter of Section 18, Township 118, Range 21, thence West on the North line thereof, a distance of 1,506.78 feet; thence deflect to the left 92 degrees, 221136', a distance of 232.77 feet; thence deflect to the left 87 degrees, 52", 57', a distance of 266.14 feet to the actual point of beginning of the tract of land to be herein described, thence return on last-described line in a Westerly direction a distance of 157.57 feet; thence deflect to the left 75 degrees, 27 minutes, 50 seconds, in a Southwesterly direction, a distance of 660.45 feet; thence deflect to the left 90 degrees in a Southeasterly direction, a distance of 1,064.Gl feet, more or less, to its intersection with a line drawn parallel to the South line of said South ~ 010166 of the Southeast quarter of Section 18, from a point on the East line of South ~, distant 150 feet North as measured on said East line from the Southeast corner thereof; thence East on the said parallel line, a distance of 538.11 feet, more or less to the East line of the said South ~; thence North on said East line, a distance of 632.75 feet, more or less, to a point distant 500 feet South measured on said East line from the Northeast corner thereof; thence West parallel with the North line of said South ~ of the Southeast quarter of Section 18, a distance of 183 feet; thence Northwesterly, a distance of 1,089.05 feet, more or less, to the actual point of beginning, except that part thereof lying South of a line drawn 233 feet North of and parallel with the center line of 36th Avenue North. (4) All of Block 7, Howland Heights Addition, except the South 207 feet of the West 134 feet of Lot 5, and the South 207 feet of the East 66 feet of Lot 6. (5) Commencing at the Southwest corner of lot 32, thence North along the West line of said Lot 178.2 feet thence East 100 feet; thence South toapoint on the South line of said Lot, distant 100 feet East of the Southwest corner thereof; thence West to the point of beginning, Lot 32, Auditor's Subdivision No. 226, Hennepin County. (6) That part of Lot 35, Auditor's Sbbdivision No. 225 lying East of Rhode Island, North of Bass Lake Road, South of Lot 16, Block 1, Terrace Heights, and West of the following described line: Commencing with a point on the centerline of Bass Lake Road 163.5 feet East of the intersection of Bass Lake Road and Rhode Island extended; thence North a distance of 279.81 feet to the Southwest corner of said Lot 16; and together with that part of Lot 34, lying South of a line drawn from the Southeast o 1 corner of Ga~Q Lot 16 to the Southwest corner of Lot 13, Block 2, Murray Lane 3rd Addition. 010166 (7) The North 139 feet of the South 297 feet of the West 132 feet of part of Lot 33, Auditor's Subdivision No. 226; said part of Lot 33 lying East of Lot 34 of said Subdivision South of Block 2, Murray Lane 3rd Addition, West of Pennsylvamia Avenue and North of the centerline of Bass Lake Road. (8) That part of Lot 1, Block 1, Lamphere's Terra Linda Addition lying West of a line a distance of 223 feet East of and parallel with the centerline of Winnetka Avenue, and North of a line a distance of 233 feet North of and parallel with the centerline of 27th Avenue North. (9) The South 733 feet of the West 180 feet of the Southeast quarter of the Southeast quarter of Section 19, Township 118, Range 21. (10) That part of the West 495 feet of Lot 36, Auditor's Subdivision No. 226, lying South of the North 1000 feet, except the West 206.63 feet thereof. (11) All of Tract liB", "C", "D" and "E" Registered Land Survey No. 324; together with that part of the Northwest quarter of the Northeast quarter of Section 18, Township 118, Range 21, lying South of said tract "B", East of said Tract lIC", and North of 42nd Avenue North, and Hest of the East 25 feet of said Northwest quarter of the Northeast quarter. (12) Lots 11 and 12, Block 1, Lamphere's Terra Linda Addition. (13) That part of the Southwest quarter of the Northwest quarter and of the North-w:est quarter of the Southwest quarter of Section 6, Township 118, Range 21, lying North of Bass Lake Road, East of the West 330 feet thereof and South of a line beginning at a point in the East line of said Southwest quarter of the Northwest quarter, distant 1019.77 feet South of the Northeast 010166 corner thereof; thence Southwesterly deflecting to the right at an angle of 67 degrees, a distance of 255 feet; thence Northwesterly deflecting to the right at an angle of 33 degrees to the West line of said Northwest quarter and there terminating. (14) Lot 14, Block 1, Northwood Terrace 6th Addition, except a 70 foot strip adjacent to the northerly lines and the easterly lines of said Lot 14. 4.105 Extent of RB Business Districts. The following areas in the Village shall comprise the RB Business Distr~ct: (1) Outlot 1 in Allen Hills. (2) That part of the Southwest t of the Northwest t of Section 18, Township 118, Range 21, described as beginning on the North line thereof 676.5 feet West of the Northeast corner thereof, thence South 115.5 feet; thence West 118 feet, thence Southwesterly to a point 150 feet North of the South line of the North ~ of said Southwest \ of the Northwest t and 393.5 feet East of the West line thereof, Thence West 283.5 feet, thence Northeasterly to a point on the North line of said Southwest \ of the Northwest t distant 255 feet East of the Northwest corner thereof, thence East to the point of beginning, and that part of the Northwest \ of the Northwest t in the said Section lying Soutn of the Rockford Road, West of the East 676.5 feet and East of the West 255 feet thereof. (3) All of the Northeast t of the Northeast t of Section 18, Township 118, Range 21. (4) Lot 6, and that part of Lots 2 and 3 Auditor's Subdivision No. 324, lying South of the North 935 feet, except the West 300 feet of said Lot 2. 010166 (5) All of the South 700 feet of the Southeast ~ of the Southeast ~ of Section 19, To~nship 118, Range 21,_ except, the West 180 feet thereQf, and except Block 1, Twin Terra Linda 4th Addition. (6) That part of Lots 41 and 42 of Auditor's Subdivision No. 226, lying South of Bass Lake Road, West of the East Village limits, East of Nevada Avenue extended, and North of Murray Lane 5th Addition. (7) Outlot 1; Lots 1 to 3, Block 1 all in Wendy Jane Terrance. Lot 3 to 5, Block 1; Lots 4 to 6, Block 7, all in Rockford Park Addition. That part of Lot 10, Auditor's Subdivision 324, lying between said Addition and South of the Westerly extension of the North line of Lot 3, Block 1, Rockford Park Addition. (8) The South 358 feet of Lot 23, Auditor's Subdivision No. 226 lying East of Maryland Avenue and West of the West line extended of Lot 22, Auditor's Subdivision No. 226. (9) That part of the West ~ of Lot 32, Auditor's Subdivision No. 226, described as follows: Beginning at a point on the South line of said Lot 32 distant 130 feet East of the Southwest corner thereof; thence North parallel with the West line of said Lot 32 113 feet; thence East parallel with the South line of said Lot 32 to its intersection with a line running parallel with and 30 feet West of the East line of the West ~ of said Lot 32; thence South along the above described parallel line to the South line of said Lot 32; thence West along South line of Lot 32 to point of beginning. (10) That part of the East ~ of the Northeast ~ of the Southeast ~ of Section 6, Township 118, Range 21 lying South of Bass Lake Road. 010166 (11) The South 207 feet of the West 134 feet of Lot 5, together with the South 207 feet of the East 66 feet of Lot 6, all in Block 7, Howland's Heights. (12) The South 140 feet of the North 150 feet of Lot 1 except that part thereof enbraced in plat of Rosalyn Court, Block 1, Lamphere's Terra Linda. (13) Commencing at a point in the East line of the Southeast ~ of Section 6, Township 118, Range 21, distant 857 feet South of the Northeast corner thereof; thence continuing S6uth 84.23 feet; thence West at right angles to said East line a distance of 186.23 feet, thence Southwesterly, deflecting to the left at an angle of 65 degrees 26', a distance of 155.10 feet to the centerline of Bass Lake Road; thence Northwesterly along said centerline to its intersection with the East line of the West 247 feet of the East ~ of the Northeast ~ of said Southeast ~, thence North alopg said East line to an intersection with a line drawn West from the point of beginning and parallel with the North line of said Boutheast ~; thence East to beginning. (14) Tract B. Registered Land"Survey No. 840, and that tract described as commencing at a point of intersection of North line of Section 5, Township 118, Range 21d,arld center line of County Road No.8, thence East along said North line 1,953.5 feet; thence at an angle to the right 104 degrees 40 minutes a distance of 289.8 feet; thence West 1374.84 feet to actual point of beginning as measured along a line which if extended would intersect the center line of said County Road No. 8 at a point 275.61 f~et Southerly from its intersection with said North line; thence South at right angles 95 feet; thence West to a Point in the center line of said County Road distant 375.61 feet Southerly from its intersection with said North line, thence Northerly along said center line 100 feet; thence East to the point of beginning. 010166 4.106 Extent of GB General Business District. The following areas in the Village shall comprise the GB General Business District. (1) All of Tract "A" Registered Land Survey No. 602. (2) All of Outlot No.1, Mork-Campion Heights Addition. (3) An area extending South from the Southerly line of Bass Lake Road a distance of 233 feet, and ~xtending East from the centerline of Winnetka Avenue, a distance of 100 ~eet to line drawn East of and parallel with the centerline of Winnetak Avenue. (4) The South 158 feet of the West 132 feet of Lot 33, Auditor's Subdivision No. 226. (5) All of Lots numbered 11 through 16 inclusive, and Lot 33 of Auditor's Subdivision No 324, together wmth that area in Lot numbered 34 of said subdivision, lying South of the North 1067 feet thereof. (6) Rockford Pa~k Addition, Block 7, Lots 1, 2 and 3; Block 2, Lots 1 through 5 inclusive; Block 1, Lots 1 and 2, .tggether with the North 125 feet of Lots 1 through 4 inclusive of Block 6; also together with that area lying North of the South 241 feet of part of Lot 10 of Auditor's Subdivision No. 324 lying South of Rockford Road, North of 41st Avenue North, East of Block 2, Rockford Park Addition, and west of Block 1, Rockford Park Addition. (7) Lot 14, and the South 50 feet of Lot 1, except that part thereof embraced in Plat of Rosalyn Court, Block 1 Lamphere's Terra Linda. 010166 (8) The West 70 feet of the East 140 feet of that part of Lot 38, Auditor's Subdivision No. 226 lying North of the South 1100 feet thereof. (9) The East 175 feet of the North 175 feet of the Northeast quarter of the Northeast quarter of Section 19, Township 118, Range 21; also the South 233 feet of the East 233 feet of the S~theast quarter of Section 18, said Township and Range. (10) The West 300 feet of that part of Lot 2, lying South of the North 935 feet thereof, Auditor's Subdivision 324. (11) The West 206.63 feet of Lot 36, Auditor's Subdivision No. 226, except the North 1025.28 feet thereof. (12) Commencing at a point in the East line of the South- east ~ of Section 6, Township 118, Range 21, distant 941.23 feet South of the Northeast corner thereof; thence West at right angles to said East line, a distance of 186.23 feet; thence Southwesterly, deflecting to the left at an angle of 65 degrees 26', a distance of 155.10 feet to the centerline of Bass Lake Road, thence South- easterly along said centerline to the East line of said Southeast ~; thence North along said East line to the point of beginning. 010166 4.107 Extent of LI Limited Industry District. The following areas of the Village shall comprise the LI Limited Industry Districts. (1) That part oftbeSouthwest quarter of the Northwest quarter of Section 6, Township 118, Range 21, lying South of the Bass Lake Road, together with that part of the Southwest quarter of Section 6, Township 118, Range 21 lying South of the Bass Lake.Road, together with all of the Northwest quarter of Section 7, Township 118, Range 21. (2) All of the North half of the Northeast quarter of Section 7, Township 118, Range 21. (3) The East 450 feet of the West one-half of the Southwest quarter of Section 8, Township 118, Range 21 together with all of the West one-half of the Northeast quarter of the Southwest quarter of said Section lying West of the Minneapolis, Northfield and Southern Railroad r~ght-of-way and South of the following described line: Commencing at a point on the West line of said Northeast quarter of the Southwest quarter 550 feet South to the Northwest corner thereof; thence South sixty-four degrees East to the said right-of-way. (4) The West 461 feet of the Southwest quarter of the Northwest quan~er of Section 17, Township 118, Range 21, together with the West 461 feet of the Northwest quar~er of the Southwest quarter of said section lying North of the following described line: Commencing at a point on the West line of said Northwest ~uarter of the Southwest quarter, a distance of 526.55 feet North of the Southwest corner thereof; thence East to a point on the East line of said Northwest quarter of the Southwest quarter, a distance of 527.4 feet North of the Southeast corner thereof. 010166 (5) All that part of the Southeast quarter of the South- west quarter of Section 17, Township 118, Range 21, lying West of Tract "All Registered Land Survey No. 802, together with the West one-half of the Northeast quarter of the Northwest quarter of Section 20, Township 118, Range 21. (6) That part of the Northwest quarter of the Northwest quarter of Section 20, Township 118, Range 21 lying West of the East 651.63 feet thereof, together with that part of the Southwest quarter of the Northwest quarter of sa:i:-cl section lying West of the following described line: Commencing at a point on the North line of said Southwest quarter of the Northwest quarter, a distance of 651.63 feet West of the Northeast corner thereof; thence South to a point on the South line of Southwest quarter of the Northwest quarter a distance of 650.5 feet West of the Southeast corner thereof. (7) The Southeast quarter of the Southwest quarter of Section 20, Township 118, Range 21 (8) That part of the Northeast quarter of the Southwest quarter of Section 20, Township 118, Range 21, lying South of the North 330 feet thereof. (9) That part of the South half of the Northwest quarter of the Southwest quarter of Section 8, Township 118, Range 21, lying West of the East 450 feet, except the West 790 feet thereof. (10) That part of the Southwest quarter of Southwest quarter of Section 8, Township 118, Range 21, lying West of the East 450 feet and East of Registered Land Survey No. 948 and East of the plat of Winnetka Hills Addition and of the extension Southerly of the most Easterly boundary thereof. 010166 4.108 Extent of GI General Industry Districts. The following areas in the Village shall comprise the GI General Industry District. (1) That part of the Northwest % of Section 8, Townsfuip 118, Range 21, lying South of the Soo Line Railroad right- of-way and west of the Minneapolis, Northfield and Southern Railroad right-of-way, except that part of the South % of the Southwest % of the said Northwest % lying South of the North 50 feet and West of the East 145 feet thereof. (2) All of the ~\Test one-half of the Northeast quarter of the Southwest quarter of Section 8, Township 118, Range 21, lying West of the Minneapolis, Northfield & Southern Railroad right-of-\vay and North of the following described line: Commencing at a point on the West line 550 feet South of the Northwest corner of said Northeast quarter of tH~'Southwest quarter; thence South 64 degrees East to the said right-of-way. (3) All of the Southwest quarter of the Northwest quarter of -Section 17, Township 118, Range 21, lying East of the West 461 fee~ thereof, together with all of the Northwest quarter of the Southwest quarter of said section lying East of the West 461 feet and North of the following described line: Commencing at a point on the West line of said Northwest quarter of the Southwest quarter, a distance of 526.5 feet North of the Southwest corner thereof; thence East to a po~nt on the East line of said Northwest quarter of the Soutwest quarter, a distance of 527.4 feet North of the Southeast corner thereof. (4) The East 651.63 feet of the Northwest quarter of the Northwest quarter of Section 20, Township 118, Range 21. (5) All of Lots 4 and 5, ~uditor's Subdivision No. 324. 010166 4.200 "E N FOR C E MEN T This Ordinance shall be administered and enforced by the Building' Inspector. The Building Inspector may institue in the name of the Village any appropriate actions or proceedings against a violator as provided by Statue and this Ordinance. Violation of this ordinance shall be a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense. 010166 4.500 P L A T TIN G 4.501 PURPOSE AND INTERPRETATION. I . . Each new subdivision becomes a permanent unit in the basic physical structure of the future community, a unit to which the future community will of necessity be forced to adhere. Piecemeal planning of such subdivisions, without correlation to the overall needs of the Village will bring a disastrous disconnected patch work of plats and poor circulation of traffic. In order that new subdivions wila contribute toward an attractive, orderly, stable and whole- some community environment, adequate municapal services, and s~ie streets, all subdivisions hereafter platted within the incorporated limits of the Village shall in all respects, fully comply with the regulations herein after set forth. In their interpretation and application the provisions herein shall be the minimum requirements adopted for the protection of the public health, safety and general welfare. 4.502 SCOPE. Except in the case of a resubdivision, or replatting, this Ordinance shall not apply to any lot or lots forming a part of subdivision plats recorded in the office of the Register of Deeds or the Registrar of Titles prior to March; 12, 1959, (the effective date of this Ordinance,) nor is it intended by this Ordinance to repeal, abrogate, annul or in any way . impair or interfere with existing provisions of other laws or Ordinances except those specifically repealed by, or in conflict with this Ordinance, or with private restrictions placed upon property by deed, convenant or other private agreement, or with restrictive covenants running with the land to which the Village is a party. 4.503 DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meanings as set forth herein: 010166 Subd. (1) Alley. "Alley" is a minor way which is used primarily for vehicular service access to the back or the side of properties abutting on a street. Subd. (2) Boulevard. "Boulevard" is the portion of the street right-of way between the curb line and the property line. Subd. (3) ButtLLot. "Butt Lot" is a lot at the end of a block and located between two corner lots. Subd. (4) Collector. Street. "Collector Street" :Us a street which carries traffic from minor stree~to thoroughfares. It includes the principal entrance streets of a residential development Subd. (5) Cul-de-Sac. "Cul-de-Sac." is a minor street with only one outlet. Subd. (6) Easement. "Easement" is a grant by an owner of land for the specific use of said land by the public generally, or to a person or persons. Subd. (1) Final Plat. ... "Final Platll is the final map, drawing or chart on which the subdivider's plan or subdivision is presented to the Council for approval and which, if approved, will be submitted to the County Register of Deeds or Registrar of Titles. 010166 Subd. (8) Lot. "Lot" is a parcel or portion of land in a sub- division or plat of land, separated from other parcels or l?ort::ions by description as onZla subdivision or record of survey map or by metes and bounds, for the purpose of sale or lease to or separate use thereof. Subd. (9) Minimum Standards. "Minimum Subdivision Design Standards" are the guides, principles and specification for the preparation of subdivision plans indicating among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary plan. Subd. (10) Minor Street. "Minor Street" is a street of limited continuity used primarily for access to the abutting properites and the local need of a neighborhood. Subd. (11) Owner. "Owner" is any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence, and maintain proceedings to subdivide the same under this Ordinance. Subd. (12) Pedestrian Way. "Pedestrian lvay" is the right-of-way across or within a block, for use by pedestrian traffic whether designated as a pedestrian way, crosswalk or however otherwise designated. 010166 Subd. (13) Preliminary Plat. "Preliminary Plat" is the preliminary map:;, drawing or chart indicatingfue, proposed layout of the subdivision to be submitted to the Planning Commission and Council for their consideration. Subd. (14) Protective Covenants. "Protective Covenants" are contracts entered into between private parties and constitute a restriction of the use of all private property within a subdivision generally intended for the benefit of the property owners and for providing mutual protection against undesirable aspect of development which would tendto impair stability of values. Subd. (15) Service Road. "Service Road" is a minor street sometimes referred to as a marginal access street, which is parallel and adjacent to a thoroughfare and which provides access to abuttmng properties and propection from through traffic4 Subd. (16) Setback Building Line. "Setback Building Line" is a line within a lot designated on the preliminary between which, and the adjacent street, the erection of an enclosed structure, or portion thereof is prohibited. Subd. (17) Street Width. "Street Width" is the shortest distance between the lines delineating the right-of-way of a street. Subd. (18) Streets. IIStreets" is a way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, thoroughway, road, avenue, land, place or however otherwise designated. 010166 Subd. (19) Subdivider. "Subdivider" is any person commencing proceedings under this Ordinance to effect a subdivision of land hereunder for himself or for another. Subd. (20) Subdivision. "Subdivision" is the division of a parcel of land, into two or more lots or parcels, any of which resultant parcels is less than two and one-half acres in area, for the purpose of transfer of ownership or building develop- ment or construction, o~ if a new street is involved, any division of a parcel of land. The term includes resubdivision or replatting and, when appropriate to the context, shall relate to the process of subdividing cor to the land subdivided. Subd. (21) Thoroughfare. "Thoroughfare'" is a fast or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas. Subd. (22) Village Plan. "Village Plan" is a comprehensive plan adopted by the Council, indicating the general locations recommended for the various functional classes of public works, places and structures, and for the general physical development of the Village and includes any unit or part of such plan seperately adopted and any amendment to such plan or parts thereof. 010166 4.510 PRE L I M I N A R Y P LAN 4.511 PROCEDURE. Subd. (1) Filing and Fee. Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a waiver is authorized, file with the Clerk- Treasurer: (a) Four copies of the preliminary plan. (b) A cash fee of $25.00 plus one dollar ($1.00) for each lot up to a maximum total of $150.00. This fee will be used for the expenses of the Village in connection with approval or disapproval of said plan and any final plat which may thereafter be submitted. Subd. (2) Notice. The Clerk-Treasurer shall then: (a) Set public hearings on the preliminary plan, such hearings to be held by the Planning Commission and Council within fifteen and tWenty-two days . respectively. Notice of the hearing before the Council shall be published in the official newspaper at least ten days prior to the hearing, and notice of the Planning Commission hearing shall be published at least three days prior to the hearing. The Clerk-Treasurer shall mail notice of the public hearing to the Council, Planning Commission, Village Attorney and Village Engineer and to the owners of properties abutting the proposed plat insofar as such owners can be readily determined from the Village records, such mailed notice to be deposited iit the U.S. Mail not less than three days prior to the hearing before the Planning Commission~ o i~5,6~ J (b) Refer two copies of the preliminary plan to the Planning Commission for its examination and report and one copy to the Village Engineer for his examination and report. Copies of the report of the Village Engineer shall be given to the Planning Commission and the Village Attorney within fifteen days, and if possible at the meeting of the Planning Commission, immediately following receipt of the preliminary plan by the Clerk-Treasurer. Subd. (3) Planning Commission. The Planning Commission shall have the preliminary plan on its agenda at its next regular meeting following referral from the Clerk-Treasurer. The Planning Commission shall make a report to tHe Council on or before the second regular meeting of the Planning Commission following referral by the Clerk-Treasurer. Subd. (4) Council Action. The Council shall act on the preliminary plan within sixty (60) days of the date on which it was filed with the Clerk-Treasurer. If the report of the Planning Commission has not been received in time to meet this requirement, the Council may act on the preliminary plan without such a report. Failure by the Council to act on the application within sixty (60) days shall be deemed approval. Subd. (5) Netice of Disapproval. If the preliminary plan is not approved by the Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant and the the Planning Commission. 072567 Subd. (6) Effect of Approval. If the preliminary plan is approved, such approval shall not constitute final acceptance of this subdivision. Preliminary approval shall confer upon the subdivider the right for a three-year period from the date of approval that the general terms and conditions under which the preliminary approval was granted will not be changed. 4.512 NECESSARY DATA FOR PRELIMINARY PLAN. The Preliminary Plan shall be clearly and legibly drawn to scale. The size of the map shall not be less than 12 inches by 18 inches. All subdivision maps should, if possible, be drawn to a scale of 1 inch equals 100 feet. Acceptable alternate scales are one inch equals 50 feet, or one inch equals 200 feet. The Preliminary Plan sha1l,contain the following information: Subd. (1) Identification and Description. (A) Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation o:f;.....,the name of any - plat theretofpre recorded in the County. (B) Location by section, town, range or by other legal description . (C) Names and addresses of the owner, subdivider, surveyor and designer of the plan. (D) Graphic Scale. (E) North-Point. (F) Date of preparation. 072567 Subd. (2) EXISTING CONDITIONS. (A) Boundary line of proposed subdivision, clearly indicated. (B) Existing zoning classifications. (C) Total approximate acr-eage. (D) Location, widths and names of all existing or previously'platted streets or other public ways, showing type, width and condition of improvements, if any, railroads and ulility right-of-way, parks and other public open spaces, permanent buildings, and structures, easements, and section and corporat~ lines within the tract and to a distance of one hundred feet beyond the tract. (E) Location and size of existing sewers, water mains, culverts or other undergrourid facilities within the tract and to a distance of one hundred feet beyond the tract. Such data as grades, invert elevations, and locations of catch basins, manholes, and hydrants shall also be shown. (F) Bounda~y lirles of adjoinging unsubdivided or subdivided land, within one hundred feet identifying by name and ownership. (G) Topographic d~ta, as shown on the Village topographic map, Water courses, marshes, wooded areas, rock outcrops, power transmission poles,' and lines, and other significant features shall also be shown. The Village topographic map shall be used, and shall be furnished by the Village to the subdivider at a cost tot the subdivider of $1.00 per lot, with a minimum of $25.00. Topo- graphic data shall be shown for tract and adjacent areas within 300 feet of the tract. 010166 Subd. (3) SUBDIVISION DESIGN FEATURES. (A) Layout of proposed street, showing right- . of-way widths and names of streets. The name of any street heretofore used in the Village shall not!'be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. Consideration shall be given to the stteet naming pattern of Metropolitan Minneapolis. (B) Location and widths of proposed alleys, pedestrian ways and utility easements. (C) Typical cross-sections of proposed improve~ent~ upon streets and alleys, together with an indication of the proposed storm water runoff, showing drainage from other areas that contribute storm waters to proposed plats. (D) Approximate center line gradients of proposed atreets and alleys, and adjoining streets, if any. (E) Locations and size of proposed sewer lines and mains. (F) Layout, numbers and typical dimensions of lots. (G) Minimum front and side-street building set- back lines indicating dimensions. (H) Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated to reserved for public use including the size of such area in acres. 010166 Subd. (4) OTHER INFORMATION. (A) Statement of the proposed use of lots (type of residence, business or industry) so as to reveal the effect of the development on traffic, fire hazards or congestion of population. (B) Proposed protective covenants. (C) Source of water supply. (D) Provisions for sewage disposal, drainage and flood control. (E) If any zoning changes are contemplated, the proposed zoning plan for the areas including dimensions. (F) If, in the op1nmon of the Village Engineer, further information is required, such information shall be furnished before the date of the public hearing. (G) Report as to one boring to a depth of 15 feet conducted according to specifications acceptable to the Village, shall be furnished to the Village for each five lots, plus one additional boring in each low area, as defined by the Village. Subd. (5) QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAN. (A) The Council may require such changes or reV1S10ns as it deem necessary for the health, safety, general welfare and convenience of the Village. (B) The approval of a preliminary plan by the Council is tentative only, involving merely the general accept- ability of the layout as submitted. 010166 (C) Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewage and sewage disposal, gas and electric service, grading, gradients and roadway widths and the surfacing of streets by the Village EngineBr and other public officials having juris- diction, prior to the approval of the final plat by the Village. (D) No plan will be approved for a subdivision which covers an area subjeet to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which wi1~ in the opinion of the Village Engineer, make the area completely safe for occupancy, and provide adequate street and lot drainage. 010166 4.520 FINAL P L A T 4.521 Procedure. Subd. (1) Filing. The owner or subdivider shall file with the Clerk-Treasurer twelve (12) copies of the final plat. The final plat will have incorporated all changes or modifications required by the Council, otherwise it shall conform to the pre- liminary plan and it may constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at that time, provided that such a portion con- forms with all the requirements of this ordinance in effect at the date of approval of the prelim- inary plan. Such final plat shall be filed not later than three months after the date of approval of the preliminary plan; otherwise the preliminary plan and final plat will be considered void unless an extension is requested in writing by the sub- divider and for good cause granted by the Council. When only a portion is initially recorded, the subdivider may thereafter file with the Clerk- Treasurer 'tWelve (12) copies of the final plat of other portions of the approved preliminary plan which the subdivider proposes then to record and develop, provided that such 1a ter portions like- wise conform to all the requirements in effect at the date of said approval. In all event, final plats on such other portions shall be filed not later than three years after the date of approval of the preliminary plan, otheTIvise it shall be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Council. The owner or subdivider shall also submit an up-to-date certified abstract of title or registered property report and such other evidence as the Village Attorney may require showing title or control in the applicant at the time the final plat is submitted. The cost of the title examination shall be borne by the sub- divider. 072567' Subd. (2) Notice. ~ The Clerk-Treasurer shall refer one copy of the final plat to the Planning Commission, one copy to the Village Engineer, and a copy each to the telephone5 power and gas companies. The ab- stract of title or registered property report together with a copy of the final plat shall be referred to the Village Attorney for his examina- tion and report. Subd. (3) Reports. The Village Attorney1s report and Village Engineer's report shall be given to the Council within twelve (12) days. The Planning Commission may at its discretion submit a report to the Council. Subd. (4) Council Action. The Council shall act on the final plat within sixty (60) days of the date on which it was filed with the Clerk-Treasurer. Failure by the Council to act on the final plat within sixty (60) days is deemed approval. The grounds for any refusal to approve a final plat shall be set forth in the proceedings of the Council and reported to the applicant and the Planning Com- mission. Subd. (5) Recording of Plat. If a final plat is approved by the Council, the subdivider shall record it with the County Register of Deeds or Registrar of Titles within ninety (90) days after the date of approval; otherwise, the approval of the final plat shall 072567 be considered void unless the Council for good cause does by resolution, adopted either before or after said ninety (90) day period, extend the period in which the subdivider shall record the plat before its approval becomes void. The sub- divider shall, immediately upon recording, fur- nish the Clerk-Treasurer with a print of the final copy showing evidence of the recording. 4.522 Necessary Data for Final Plat. Subd. (1) General. The final plat shall be prepared by a registered surveyor, all information shall be accurately shown, except topographic data and zoning classification required on the prelimi- nary plan, need not be shown. The size of the map shall be 20 inches by 30 inches. Subdivisions should, if possible, be drawn at a scale of 1 inch equals 100 feet. Subd. (2) Additional Delineation. (a) Date required under regulations of County Surveyor--accurate angular and lineal dimensions for all lines, angles, and curva- tures used to describe boundaries, streets, alleys, easements, areas to be reserved for ppblic use, and other important features. Dimensions of lot lines shall be shown in feet and hundreths. (b) When lots are located on a curve or when side lot lines are at angles other than 90 degrees, the width of the building setback line shall be shown. 072567 ~ n (c) An identification system for all lots and blocks. (d) True angles and distances to the nearest established street lines or official mon- uments (not less than three) which shall be accurately described in the plat. (e) Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles. (f) Complete curve data, including radius, in- ternal angles, points and curvatures, tangent bearings, and lengths of all arcs. (g) Accurate location of all monuments. (h) Accurate outlines and legal description of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision with the purpose indicated therein. (i) Certification by a registered land surveyor to the effect that the plat represents a survey made by him and that monuments and markers shown thereon exist as located and that all dimensional and geodetic details are correct. (j) The area of each lot and parcel of land, other than streets, shall be shown on one copy of the final plat filed with the Clerk- Treasurer. 010166 * Subd. (3) Street Deflections. When connecting street lines deflect from each other at anyone point by more than ten degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than 300 feet for minor and collector streets, and of such greater radius as the Council shall determine for special cases. Subd. (4) Reverse Curves. Tangents of at least 50 feet in length shall be introduced between reverse curves on collector streets. Subd. (5) Street Grades. All center line gradients shall be at least 0.5 percent, and shall not exceed the following: Collector . . Minor Streets . . 4 percent 6 percent Subd. (6) Vertical Curves. Different connecting street gradients shall be connected with vertical parabolic curves. Minimum length, in feet, of these curves, shall be 100 feet. Subd. (7) Minor Streets. Minor streets shall be so aligined that their use by through traffic will be discouraged. Subd. (8) Street Jogs. Street jogs with centerline offsets of less than 125 feet shall be avoided. 010166 ~ ^ Subd. (9) Safe Intersections. It must be evidenced that all street intersections and confluences encourage safe and efficient traffic flow, Subd. (10) Alleys~ Alleys are not permitted in residential areas. Subd. (11) Cul-de-Sac. Maximum length cul-de-sac streets shall be 500 feet measured along the center line from the intersection of origin to end of right-of- way, unless there are 18 or less lots abutting the cul-de-sac. Each cul-de-sac shall be pro- vided at the closed end with a turnaround having an outside roadway diameter of at least 90 feet, and a street property line diameter at least 120 feet. Subd. (12) Service Roads. Where a subdivision abuts or contains an existing or planned thoroughfare, the Council may require service roads or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. Subd. (13) Certificate of Owner. Notarized certification by ~vner, and by any mortgage holder of record, of the adoption of the plat and the dedication of streets and other public areas. 010166 .'- " Subd. (14) Taxes Paid. Certifications showing that all taxes currently due on the property to be subdivided have been paid in full. Subd. (15) Council Approval Form. Form for approval of the Council as foIl follo1;<]s: Approved by the Village Council of the Village of New Hope, Minnesota, this day of 19 Signed Mayor Attest Clerk-Treasurer Subd. (16) County Approval Form. Form for approval by County authorities as required. Subd. (17) y!llage Plat Copies. Within 30 days after approval by the Council of the final plat, subdivider shall submit to the Clerk-Treasurer 50 copies of the final plat, drawn on substantial paper, at a scale of 1 inch to 200 feet, together with revised copies of the Village topographic map pertaining to the platted area, certified by a registered engineer or surveyor to be a correct representation of the platted area in accordance with the new design grades and elevations. 010166 * 4.530 M I N I MUM SUB D I V I S ION DES I G N S TAN D A R D S 4.531 Good Planning Practices. The proposed subdivision shall conform to good planning practices. 4.532 Street Plan. Subd. (1) Village Pattern. The arrangements, character, extent, width, grade and location of all streets shall conform to the Village patternand shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Subd. (2) Continuation Existing Streets. The arrangement of streets in new subdivisions shall make provision for the appropriate continua- tion of the existing streets in adjoining areas. Subd. (3) Projection of New Streets. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets. Subd. (4) Carried to Boundaries. When a new subdivision adjoins unsub- divided land susceptible to being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be sub- divided. 010166 'k Subd. (5) Conform to Map. The streets and the proposed subdivision plats shall conform with the official map or maps. 4.533 Streets. Subd. (1) Hidths. All right-of-way widths shall conform to the following minimum dimensions: Thoroughfares . . . . as determined Collector . 000 . Minor . . . . . . Cul-de-Sac . . Harginal access by Village . 70 . . . . 60 . . 0 0 0 60 . 60 Plan feet feet feet feet Subd. (2) Half Streets. Half streets shall be prohibited) except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and where the Council finds it will be practicable to require the dedication of the other half when the ad- joining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. In cases where half streets are accepted, the owner and subdivider shall be required to grade half the streets in accordance with the plans therefore to be prepared by the Village Engineer) and in addition, the owner and subdivider shall be required to deposit payment or approved bond with the Village for one half of the Village Engineerls estimated cost of other improvements required for that street under this Ordinance. In cases where the entire right-of- way has been dedicated to the public but the property of the owner and subdivider is located on one side of said street, the owner and 010166 ~ n subdivider may be required to grade the entire street in accordance with the plans to be pre- pared by the Village Engineer, but the owner and subdivider shall only be required to de- posit payment or furnish bond for one-half of the Village Engineeris estimated costs of other improvements required under this Ordinance. Building permits shall be denied for lots on the side of the street where the prop- erty is owned by persons who have not entered into an agreement with the Village for the in- stallation of the improvements required under this Ordinance. Subd. (3) Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under con- ditions accepted by the Council. Subd. (4) Railroad or Limited Access Highways Abutting Subdivision. Where a subdivision borders on or con- tains a railroad right-of-way or limited access highway right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way at a distance suit- able for the appropriate districts. Subd. (5) Private Streets. Private streets shall not be approved nor shall public improvements be approved for any private street. 010166 .J. " Subd. (6) Hardship to \Avners of Ad;oining Property Avoided. The street arrangements shall not be such as to cause undue hardship to owners of adjoin- ing property in platting their own land and providing convenient access to it. 4.534 Parks, P1aygrounds~ aDS Other Public Sites. Where a plat includes an area for public use such use shall be shown on the preliminary plan and final plat. 4.535 Street Interval. In general, provisions shall be made at inter- vals not exceeding one-half mile for through streets (streets running through the subdivision in a fairly direct manner). Subd. (1) Alleys and Pedestrian Ways. (a) Alleys. Alleys shall be at least 24 feet wide in commercial and in- dustrial areas. The Council may re- quire alleys in non-residential areas where adequate off-street loading space is not available. (b) Pedestrian Ways. Pedestrian ways shall be at least 5 feet wide and shall be constructed of concrete. 010166 ~. " Subd. (2) Easements. (a) Provided for Utilities. Easements at least 10 feet wide~ centered on rear and other lot lines~ shall be provided for utilities~ where necessary. They shall have continuity of alignment from block to block, and at deflection points~ easements for pole~line anchors shall be provided where necessary. (b) Provided for Drainage. Where a sub- division is traversed by a water course, drainage way~ channel or stream, there shall be provided a storm-water, easement or drainage right-of-way conforming substantially with the lines of such water course~ together with such further width or construction or both, as will be adequate for storm-water run off. Subd. (3) Blocks. (a) Factors Governing Dimensions. Block length and width or acreage within bounding roads shall be such as to qccomodate the size of residential lots required in the area by the zoning ordinance and to provide for convenient access~ circulation control and safety of street traffic. (b) Non Residential Blocks. Blocks in- tended for commercial, institutional and industrial use must be designated as such. 010166 ",;'( (c) Lengths. Block lengths shall not exceed 1500 feet. (d) Arrangements. A block shall be so designed as to provide two tiers of lots~ unless it adjoins a railroad or limited access highway where it may have but a single tier of lots. (e) Pedestrian Ways. In blocks over 900 feet long, pedestrian cross-walks may be required by the Council in locations deemed necessary to public healths convenience and necessity. Subd. (4) Lots. (a) Location. All lots shall abut by their full frontage on publicly dedi- cated street or street that has re- ceived the legal status as such. (b) Size. The minimum lots dimensions in subdivisions designed for single- family detached dwelling developments shall be: ( ') ~ 75 feet wide at the established building setback line. (ii) not less than 60 feet in width at the front lot line, provided that on a cul-de-sac such dimen- sion maybe less than 60 feet but not less than 40 feet. 010166 * (iii) not less than 30 feet in width at the rear lot line. 14--\ ,-,-vI Not less than 110 feet in average depth, and (v) not less than 9,000 square feet in area. (vi) Where sanitary sewer facilities are not provided, the minimum size of lot shall be 18,000 square feet with a minimum width at the building setback line of 150 feet. (vii) Minimum corner lot widths shall be no less than 15 feet greater than interior lot width. (c) Butt Lots. Butt lots shall be platted at five feet wider than the average width of interior lots in the block. (d) Side Lot Lines. Side lines of lots shall be substantially at right angles or radial to the street line. (e) Water Courses. Lots abutting upon a water course, drainage way, channel or stream shall have an additional depth or width, as required, to assure house sites that are not subject to flooding. 010166 * (f) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic spots or similar conditions, which if pre- served will add attractiveness and stability to the proposed development. (g) Lot Remnants. All remnants of lots be- low minimum size left over after sub- dividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels. (h) School District Lines. No lot shall extend over a political boundary or school district line. 010166 ~'. " 4.540 REQUIRED IMPROVEMENTS 4.541 General. No final plat shall be approved by the Council without first receiving a report signed by the Village Engineer and the Village Attorney certifying that the improvements described therein together with the agreements and documents required under this section meet the minimum requirements of all Ordinances in the Village, and a certification from the Clerk-Treasurer that all fees required to be paid to the Village in connection with the plat have been paid. Sections 4.542-4.545 shall list the improvements which shall be required of all new subdivisions unless a variance is granted. 4.542 Monuments. Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as shown on the final plat and as required by the Village Engineer. Monuments shall be cast iron, as approved by the Hennepin County Sur- veyor, and shall be set at each corner or angle on the outside boundary. Pipes or steel rods shall be placed at the corners of each lot and at each inter- section of street centerlines. All U.S., state, county, or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. 4.543 Water and Sewer Facilities. Sanitary sewers, and water distribution facilities shall be installed by the subdivider, at no cost to the Village if connection to the Village's 010166 ~ ft sewer or water system is available. Determination as to whether or not the Village's sewer or water system is available shall be a finding of fact by the Village Council. Storm sewers shall be installed if required by the Village. The Village Council may elect to install these facilities, assessing their cost against the subdivision. Otherwise, the cost will be born by the subdivider. If provided by the subdivider, the improvements shall conform to speci- fications of the Village, and shall be subject to inspection and approval by the Village. 4.544 Streets. Subd. (1) Grading. The full width of the right-of-way shall be graded, including the subgrade of the areas to be paved, in accordance with the standard plans prepared by the Village Engineer. Subd. (2) Surfaces. Where sanitary sewer and public water facilities are available all streets shall be improved with pavements or wearing course sur- faces to an over-all width in accordance with the following minimum dimensions: Type of Street Pavement Width (in between face of curbs) Thoroughfares . . . . . . As shown on Village Plan, or as required by the Village Council. Collector . . . . . . . . 37 feet Minor and Cul-de-sac . . 28 feet Marginal Access . . . . . 24 feet 010166 ~ ~ Subd. (3) Cul-de-sacs. All cul-de-sacs shall have turnarounds the pavements of which shall have a minimum diameter of 90 feet. Subd. (4) Curbs and Gutters. Concrete curbs and gutters, unless paved or oil stabilized surfaces are not installed, and are not to be installed, in the adjoining street. Each lot will be provided with a driveway entrance. All curb corners shall have a radius of not less than fifteen feet except at collector and marginal access streets where they shall be not less than twenty-five feet. Subd. (5) Specifications. All street improvements shall be con- structed in accordance with applicable standard specifications established by the Village Engineer. Subd. (6) Storm-water. Storm-water inlets and necessary culverts and dry wells shall be provided within the road- way improvements at points specified by the Village Engineer. Subd. (7) Trees. Street trees having a trunk diameter (measured 12 inches above the ground) of not less than two inches shall be planted along all streets where trees do not exist, one to a lot, and not more than 75 feet and not less 010166 *;.( than 40 feet apart. This requirement will be satisfied, and it is preferable if an equiva- lent number of trees of the same size exist or are planted in a naturalistic way in the front yards of the adjoining lots. Only Green Ash, Linden, Sugar Maple and long-lived hardwood shade trees other than Elm or Box-Elder shall be planted. These shall be planted in at least one cubic yard of grmving soil. Ii Subd. (8) Name Signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the Village and shall be placed in accordance with standards of the Village. Subd. (9) Pedestrian Ways. Where pedestrian ways are installed, Portland cement concrete walks shall be con- structed to a minimum width of five feet. 4.545 Public Utilities. Subd. (1) Placement of Lines. All the utility lines for telephone and electric service shall be placed in rear-line easements when carried on overhead poles. Subd. (2) Underground Lines. Where telephone, electric and gas service lines are placed underground entirely throughout a subdivided area, conduits or cables shall be placed within easements or dedicated public ways, 010166 in a manner which will not conflict with other underground service. Further transformer boxes shall be located so as not to be hazardous to the public. All drainage and underground utility installations which traverse privately- owned property shall be protected by easements. Subd. (3) Underground Cable and Transformers. All plats filed subsequent to April 20, 1967, shall be served by underground cable and transformers (as opposed to overhead lines and transformers), for the transmission of electrical energy, except where the Council by resolution determines that (1) because rear lot lines as to specific lots abut on existing plat or plats and unnecessary duplication of electrical transmission facilities would result, and that said specific lots do not abut lots already served by under- ground power; or (2) that based upon engineering considerations as specified by the Village Engineer, underground power is not feasible in a particular plat, area or specific lots; or (3) that the size of the plat or subdivision, and existence of overhead power surrounding the plat does not justify the installation of under- ground power as to a particular parcel or parcels. 4.546 Village Election to Install Improvements. The Village may, in its discretion, elect to install all or any part of the improvements required under the provisions of this ordinance in lieu of re- quiring the subdivider to install such improvements. 4.547 Village Topographic Map. The subdivider shall revise the Village topo- graphic map at his expense to conform with elevations as revised for subdivision purposes. 042067 * 4.548 Railraod Crossings~ No street dedications will be accepted which require a crossing of a railroad unless sufficient land is dedicated to provide for approachers view con- sistent with safety, in such an area as the Council shall determine. 010166 * 4.550 IMPROVEMENT SCHEDULE 4.551 Profile Street Grade. Prior to granting of any building permits within a new subdivision and prior to the construction of any improvements of a utility nature, the sub- divider shall establish a profile grade for all streets therein to a Village approved sub-grade. Upon approval by the Village Engineer, the said streets may be cut to grade, instead of sub-grade. 4.552 House Services. Each house service curb box shall be installed seven feet from the property line. During construction each curb box shall be marked with a flagged 2 by 4 board and prior to final approval by the Village each curb box shall be inspected by the Village for damage. House services for water and sanitary sewer may be placed in the same trench if copp,:::;r 't\Tater service and extra heavy cast iron soil pipe are used. 4.553 Location of Buried Utilities. - All buried utilities shall be placed in the street right-of-way in the following location unless approved otherwise by the Council. Subde (1) SaniE~ry Sewer. Sanitary Sewer: Centerline of street. Subd. (2) Water Main. Water Main: 10 feet North or East of centerline. 010166 * Subd. (3) Storm Sewer. Storm Sewer: 10 feet South or West of centerline. Subd. (4) Water and Sewer Services. Water and Sewer Services: At center of each lot. If not in some trench, water service to be at center of lot, sewer service to be toward lower end of lot, as specified by the Village in individual cases. Subd. (5) Gas Main. Gas Main: South and West of Street centerline and 11 feet from property line. Subd. (6) Telephone Lines. Buried Telephone Lines: North and East of Street centerline and 11 feet from property line. 4.554 Street Surfacing~ All streets and alleys shall be surfaced in accordance with the following specifications: Subd. (1) Standard Cross Section. All residential streets shall be con- structed to conform to the New Hope Standard Street Cross Sections as shown on Standard Detail Drawings lOlA through l08A. Subd. (2) Procedure. Street construction shall proceed in the following manner unless otherwise approved, in writing, by the Engineer: 010166 * (a) After the design street grades have been approved by the Engineer, the street shall be cut to the approved grade and immed- iately subcut to the elevation of the bottom of the base. All unstable material shall be removed and backfilled with stable material as approved by the Engio neer. The subgrade centerline shall be profiled prior to installation of util- ities to insure compliance with design grade and the profile submitted to the Engineer for his approval. (b) The contractor may provide a temporary gravel surface during installation of utilities and construction of homes sufficient to carry traffic. Temporary drainage shall be maintained at all times. No permanent driveways shall be constructed in the right-of-way until after the installao tion of concrete curb and gutter. The cono tractor shall provide a bituminous dust coat, at his own expense, if required by the Engineer. (c) Concrete curb and gutter shall be constructed, upon approval of the Engineer, only after all utilities and services are in place. Boulevard sod, boulevard trees and street signs shall be installed after completion of curb. (d) Prior to placing permanent gravel base, the sub-base shall be regraded as necessary to provide for a full 8i1 of acceptable gravel base. All soft spots and settle- ment shall be eliminated. Any gravel base placed as temporary gravel surfacing that 010166 * is contaminated with subgrade material shall be removed. After the sub-base has been approved by the Engineer, the con- tractor shall place and compact the per- manent gravel base. All manholes, catch basins and gate valves shall be adjusted to the design grade by the contractor prior to paving. (e) No paving shall be allowed until the base has been inspected and approved by the Engineer. There shall be a paving inspector furnished by the Village on the job site at all times and the contractor shall notify the Engineer in sufficient time, no less than 24 hours prior to paving, to schedule an inspector to be present. (f) A light sand seal coat shall be applied to the finished street. Seal coat shall not be applied until all soft spots or breakups have been repaired and until the adjustment of all manholes, catch basins and gate valves have been checked by the Village. Subd. (3) Construction Requirements. Construction shall be in accordance with all requirements of the most current Minnesota Department of Highways specification sections hereinafter referred to unless specifically changed herein. (a) Grading. (1) Construction procedure and methods shall be in accordance with Minnesota Highway Department Specification Sec- tions 2105, 2106 and 2110. 010166 ~ n (2) The entire right-of-way shall be graded to the approved design grade as shown on Detail Plate 101A. (3) It shall be the responsibility of the contractor to protect from damage all existing utilities and shall re- pair immediately any damage thereto. The contractor shall remove immedi- ately any sand, gravel or other material from the manholes, catch basins or gate valve boxes at his own expense. (b) Concrete Curb and Gutter and Driveway Aprons. (1) Construction procedure and methods shall be in accordance with Minnesota Highway Department Specification Section 2531, and in accordance with Standard Detail Drawing l08A. (2) No curb shall be installed without approval of the Engineer. (3) Where curb is to be installed over ser- vice trenches less than one (1) year after installation of utilities, special compaction shall be required over said trenches. Two (2) #4 reinforcing bars shall be imbedded in the curb to extend not less than five (5) feet beyond each edge of said trench. This rein- forcing is required regardless of when curb is placed. 010166 ~ n (4) Any damaged or broken curb or any curb not meeting the above specifi- cations shall be removed immediately upon written order by the Engineer and replaced at the contractor's expense. (5) A concrete driveway apron extending from the back of the curb to the property line shall be constructed in accordance with details shown on Standard Detail Plate 106A. (c) Base. (1) Construction procedure and methods shall be in accordance with Minnesota Highway Department Specification Section 2202. (2) Class 5 gravel base shall be used. (3) Test results of the base material shall be submitted for approval to the Engineer to verify compliance with Section 3138 of the Minnesota Highway Department specifications prior to installation. (4) Any temporary gravel surfacing above the design sub-base that does not meet a Class 5 gravel specification shall be removed. (5) No permanent gravel base shall be constructed until the sub-base has been inspected and approved by the Engineer. 010166 ~ ft (d) Surfacing. (1) Construction procedure and methods shall be in accordance with Minnesota Highway Department Specification Section 2331. (2) Copies of test reports and proposed mix proportions shall be submitted to the Engineer for his approval and shall designate the amount and type of materials to be used for prime and seal coat. (3) Two hundred (200) pounds per square yard of surfacing mix shall be applied in one layer. (4) Paving will be permitted only after base has been inspected and approved by the Engineer. (5) An inspector furnished by the Village shall be on the job site during the paving construction. (e) Seal Coat. (1) Construction procedure and methods shall be in accordance with Minnesota Highway Department Specification Section 2357. (2) Seal coat shall not be applied less than two (2) months after completion of paving and shall not be applied without approval of the Engineer. (3) Seal coat may be delayed one (1) year from completion of paving. 010166 "k (4) An inspector furnished by the Village shall be on the job site during the seal coat application. (f) Sod, Boulevard Trees~ Street Signs. (1) Construction procedure and methods for sod shall be in accordance with Minnesota Highway Department Specifica- tion Section 2576. (2) Sodding shall be done after completion of curb and gutter. (3) All water service curb boxes shall be adjusted to grade at time of installa- tion of sod. (4) It shall be the responsibility of the contractor to protect all survey mon- uments and property irons and shall replace any that are disturbed or destroyed. (5) One (1) 2" caliper Green Ash or approved equal shall be planted five (5) feet behind back of curb at the approximate center of each lot, but not over sewer service. (6) Street signs shall be located at each intersection as shown on Standard Detail Plate 104A and shall be in accordance with Standard Detail 103A. 010166 .'. " Subd. (4) Inspection. Inspection necessary to determine com- pliance with the above specifications will be provided by the Village. The contractor shall notify the Engineer in sufficient time to schedule inspectors as necessary; in no case shall such notice be less than 24 hours prior to anticipation of work. Subd. (5) Faulty Work. Any work which, in the op~n~on of the Engineer, does not meet the above specifications shall, upon written order from the Engineer, be removed immediately and replaced and corrected by the contractor at his own expense. The cost of all inspection and supervision required to insure correction of the unacceptable work and all tests necessary to insure that such faulty work has been corrected shall be paid for by the contractor. The Village will not accept any street for per- manent maintenance until after correction of faulty or unacceptable construction. Subd. (6) Incorporation. Minnesota Highway Specifications Sections 2105, 2106, 2110, 2202, 2331, 2357, 2531, 2576 and 3138 are hereby incorporated by reference as though fully set forth herein. Three copies of said specifications shall be filed by the Clerk-Treasurer in his office for inspection and use of the public and shall be marked with the words, liThe Village of New Hope.. Official Copy1' . 010166 -'~ " Subd. (4) Inspection. Inspection necessary to determine com- pliance with the above specifications will be provided by the Village. The contractor shall notify the Engineer in sufficient time to schedule inspectors as necessary; in no case shall such notice be less than 24 hours prior to anticipation of work. Subd. (5) Faulty Work. Any work which, in the opinion of the Engineer, does not meet the above specifications shall, upon written order from the Engineer, be removed immediately and replaced and corrected by the contractor at his own expense. The cost of all inspection and supervision required to insure correction of the unacceptable work and all tests necessary to insure that such faulty work has been corrected shall be paid for by the contractor. The Village will not accept any street for per- manent maintenance until after correction of faulty or unacceptable construction. Subd. (6) Incorporation. Minnesota Highway Specifications Sections 2105, 2106, 2110, 2202, 2331, 2357, 2531, 2576 and 3138 are hereby incorporated by reference as though fully set forth herein. Three copies of said specifications shall be filed by the Clerk-Treasurer in his office for inspection and use of the public and shall be marked with the words, liThe Village of New Hope - Official Copy". 010166 .f.. " Standard Detail Drawings 101A through 108A, are hereby incorporated by reference as though fully set forth herein. Three copies of said drawings shall be filed by the Clerk- Treasurer in his office for inspection and use of the public and shall be marked with the words, liThe Village of New Hope - Official Copy!l. 010166 .'. " 4.560 REQUIRED AGREEMENTS AND BONDS 4.561 Standard Procedure, Plan A Plat. Before a final pl-;t is approved by the Council, the owner and subdivider of the land cov~red by said plat shall execute and submit to the Council an agree- ment to make and install within one year, all improve- ments required to be installed by him under the provisions of this Ordinance, in accordance with the time table and plans and specifications therefor to be prepared or approved by the Village Engineer. The agreement (here- inafter sometimes referred to as Development Contract) shall be accompanied by a cash escrow equal to the Village Engineer's estimated cost for completing said improvements, or a corporate performance bond (some- times referred to as a subdivision bond) to be approved by the Village, in an amount equal to l~ times the Village Engineer's estimated cost of said improvement. The performance bond or cash escrow shall be conditioned upon: Subd. (1) Qompletion of Improvements. The making and installing of the improve- m~nts required under the terms of the Ordinance within the one year period, unless the said one year period is extended by the Village. Subd. (2) Completion of Work. Completion of the work undertaken by the owner or subdivider in accordance with the Development Contract executed by him and for him. 010166 ,I. " Subd. (3) Repayment of Village Expenses. Repayment by the owner or subdivider to the Village of all expenses of the Village for the preparation of plans and specifications of the improvements required under the terms of this ordinance and the inspection of con- struction by the Village Engineer, and such other costs as have been incurred by the Village in connection with review and approval of the plat. Subd. (4) Enforcement of Performance Bond. Such other terms as are required by law, or as a condition of Council approval of the plat. If a cash escrow agreement is submitted, such agreement shall provide, in addition to the above, that payments therefrom for improve- ments shall be made only on the joint order of the subdivider and the Village, except as here- inafter provided, and the agreement shall further provide that in the event the required improve- ments are not completed within the one year period, and the one year period is not extended by resolution of the Council, all amounts held under escrow agreement shall, upon written notice from the Village to the person or persons who made the escrow deposit, be turned over and delivered to the Village and applied by the Village to the cost of the required improvements. The appropriation of the escrow account to defray the cost of the improvements shall not operate as a release to the party or parties who executed the Development Contract, and any shortage of escrow funds, or funds obtained by the enforce- ment by the Village of the provisions of the performance bond may be charged to the signator or signators of the Development Contract and may 010166 ~ o be enforced by any action in law or equity. At the option of the Village, if the funds available either by virtue of enforcement of the performance bond, or application of the escrow funds are not sufficient to complete the required improvements, the necessary additional costs may be assessed against the subdivision. Any balance remaining in any escrow fund after the improvements contracted for-have been made, shall be returned to the owner or subdivider who placed the funds in escrow, or his assigns, provided that such assignee shall have been accepted by the Council. 4.562 Alternate Procedure. Plan B. Plat. Upon written request by the owner or subdivider to the Village, the Council may accept a plat of a sub- division of not more than 200 homes with special con- ditions (a plat developed on this basis being referred sometimes as a Plan B Plat) provided the following con- ditions are met: Subd. (1) Development Contract Required. The oWT!er(s) and subdivider(s) of the land in the total plat submitted shall execute and submit to the Council for approval a Development Contract pertaining to the total plat, together with a corporate performance bond or cash escrow, pertaining to the construction of required improvements within the plat for 25 lots, or such additional lots as may be required by the Council as being a minimum number of lots . feasible for development, considering street and utility requirements. :010166 oJ. ^ Subd. (2) Provisions of Development Contract. The Development Contract shall provide, in substance, that in consideration of the approval of the entire Plan B Plat and waiver of the right of the Village to require a performance bond pertaining to the total plat, no building permits shall be requested by the owner(s) or subdivider(s), their heirs, successors or assigns, for construction upon that portion of the Plan B Plat not included in and guaranteed by either a corporate performance bond (subdivision bond) or cash escrow. Subd. (3) Parties to Development Contract. The Council may, in addition to the re- quirements listed in subdivisions (1) and (2) above, re~uire that the Development Contract be executed by the owner and developer, and such additional parties as the Council shall require, and may in addition require a personal performance bond for the work to be performed in that portion of the plat not included in the corporate performance bond, in such form, and with such personal signatures as shall be required by the Council. The Council shall be the sole judge as to whether or not sufficient financial responsibility exists as to the sig- nators of the Development Contract and/or personal performance bond to assure the Village that the necessary improvements will be con- structed pursuant to the Development Contract. 010166 ~ n 4.563 Inspection at Subdivider~ Expense. All required land improvements to be installed under the provisions of this Ordinance shall be in- spected at the subdivider's expense during the course of construction. Such inspection shall be by the Village Engineer or an inspector appointed by the Council. 4.564 Building Permit. No building permit shall be issued by any gov- erning official for the construction of any building, structure or improvement on any land required to be subdivided by this Ordinance until all requirements of this Ordinance have been fully complied with. 010166 ~, ( ~ n 4.570 V A R I A N C E S 4.571 Grounds for Authorizing Variance. The Council may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any vari- ance the Council shall prescribe only conditions that it deems necessary to or desirable for the public in- terest. In making its findings as required herein be- low, the Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic con- ditions in the vicinity. To grant a variance, the Council shall find: Subd. (1) Special Circumstances. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land. Subd. (2) Necessity. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Subd. (3) Not Injurious to Others. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. 010166 ~ n 4.572 Application for Variance. Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Council, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the Council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan. 010166 4.600 BOA R D 0 F A P PEA L S A' N D A D JUS T MEN T S 4.601 Establishment of Board of Appeals and Adjustments. There is herby established a Board of Appeals and Agjuatments for the Village. The members of the Council shall serve as the Board of Appeals and Adjustments. 4.602 Powers of Board of Appeals and Adjustments. The Board of Appeals and Adjustments shall have the powers herein set forth. Subd. (1) Appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision mr determination made by an administrative officer in the enforcement of the zoning ordinance. Subd. (2) Variances To hear requests for variances from the literal provisions of the Zoning Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property ~der consideration, and to grant such variances only when it is demonstrated thet such actions would be in keeping with the spirit and intent of the Zoning Ordinance. The Board of Appeals and Adjustments may not permit as a variance any use that is not permitted under the Zoning Ordinance for property in the zone where the affected person's land is located. The Board may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. 072567 Subd. (3) Building Permits. When a permit for the erection of a Building within the limits of a mapped street or outside of any building lines that may have been established upon an existing street, or within an area identified for public purposes on an official map or maps adopted by the Village is denied, upon .ppeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the Board finds, upon the evidence and arguments presented to it: (A) that the entire property of the appellant of . which such area identified for public purposes furms a part cannot yield a reasonable return to the owner unless such a permit is granted, and (B) that balancing the interest of the Village in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The Board shall speicify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. 4.603 Issuance of Building Permit. If the Board Authorizes the issuance of a permit under Section 4.602, Subd. (3), the Village shall have 6 months from the date of its decision to institute proceedings to acquire such land or interest therein, and if no such proc~edings are started within that time, the permit shall be issued in accordance with applicable ordinances if the applic- ation conforms to Village regulations. 072567 4.604 Referral to the Planning Commission. The Clerk-Treasurer shall refer a copy of the appeal or petition to the Planning Commission. The Board shall make no decision on an appeal or petition until the Planning Commission, or representative authorized by it, has had a reasonable opportunity, not to exceed 60 days, to review and report to the Board upon the appeal or petition. The Planning Commission may hold a hearing thereon at such time and upon such notice to appellant or petitioner as the Planning Commission determines. 4.605 Notice. The C1erk-Treausrer shall set a hearing on the petition within 28 days after receiving the report from the Planning Commission, and shall have notice of the time and place of the hearing published in the official newspaper of the Village at least 10 days prior to the day of hearing. A similar notice shall be mailed at least 10 days before the day of hearing to the appellant. For the purpose of giving mailed notice, the Clerk-Treasurer may use any appropriate records to determine the name and address of the appellant. 4.606 Orders and Conduct of Hearings. Subd. (1) Order. The Board shall, within a reasonable time after the hearing, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Subd. (2) Appearance. Any party may appear at the hearing in person or by agent or attorney. 072567 Subd. (3) Rules. The Board may adopt rules for the conduct of the hearings before it. Such ru~es may include provisions for the giving of oaths to witnesses and filing of written briefs by the parties. A record of the Board's proceedings shall be kept, which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order. 072567 4.620 COM PRE HEN S I V E P LAN M U N I C I PAL 4.621 Definitions. For the purpose of this Ordinance the following terms shall have the meanings as set forth herein: Subd. (1) Comprehensive Municipal Plan. "Comprehensive Municipal Plan" means a compilation of policy statements, goals, standards, ann maps for guiding the physical, social and economic development both private and public, of the Village and its environs and may include, but is not limited to, the following: Statements of policies, goals, standards, a land use plan; a community facilities plan; a transportation plan; and recommendations for plan execution. A comprehensive plan represents the Planning Commission's recommendations for the future development of the Village. Subd. (2) Land Use Plan. "Land Use Plan" means a compilation of policy state- ments, goals, standards, and maps, and action programs for guiding the future development of private and public property. The term includes a plan designating types of uses for the entire Village as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semi-public uses or any combination of such uses. 072567 Subd. (3) Transportation Plan. "Transportation Planll means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the various modes of transportation of the Village and its environs such as streets and highways, mass transit, railroads, air transportation, trucking and water transportation, and includes a major thoroughfare plan. Subd. (4) Community Facilities Plan. "Community Facilities Planll means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semi-public facilities of the Village such as recreational, educational and cultural facilities. Subd. (5) Capital Improvement Program. "Capital Improvement programll means an itemized program setting forth the schedule in details of specific contemplated public improvement by fiscal year, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the Village and such other information on capital improvements as may be pertinent. Subd. (6) Official Map "Qfficial Map" means a map adopted in accordance with Section 4.623 Subd. (4), showing existing streets, proposed future streets and the area needed for widening of existing street of the Village. An official map may also show the location of existing and future public land and facilities within the Village. 072567 4.622 Preparation, Adoption and Amendment of Comprehensive Municipal Plan Subd. (1) Preparation and Review. The Planning Commission shall prepare the comprehensive municipal plan. It shall consult with and coordinate the planning activities of other departments and agencies of the Village to insure conformity with and to assist in the development of the comprehensive municipal plan, and shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. It shall periodically review the plan and recommend amendments whenever necessary. Subd. (2) Procedure for Plan, Adoption and Amendments. The Planning Commission may adopt and amend from time to time a comprehensive municipal plan as its reco~endations to the Council. The plan may be prepared and adopted in sections, each of which relates to a major subject of the plan or to a major geographical section of the Village. The Council may propose amend- ments to the comprehensive municipal plan by resolution submitted to the Planning Commission. Before adopting the comprehensive municipal plan or any section or amendment of the plan, the Planning Commission shall hold at least one public hearing thereon. A notice of the time, place and purpose of the hearing shall be published once in the official newspaper of the Village at least ten (10 days before the day of the hearing. The proposed plan, section of the plan, or amendment shall be transmitted to the Council prior to the publication of the notice of hearing. Adoption and amendment of the comprehensive municipal plan or any section thereof shall be by resolution adopted by a majority of all the members of the Planning Commission. A copy of the plan or of any section or ammendment therof adopted by the Planning Commission shall be certified to the Council. 072567 Subd. (3) Adoption by Council. The Council may by resolution of a majority of its members after holding a public hearing, adopt and amend the comprehensive plan or portion ther~6f so recommended as the official municipal plan. A notice of the time, place and purpose of the hearing shall be published once in the official newspaper of the Village at least ten (10) days before the day of hearing. Until so adopted by the Council the plan shall constitute only the recommendation of the Planning Commission. 4.623 Procedure for Plan Effectuation. Subd. (1) Recommendation for Plan Effectuation. Upon the recommendation by the Planning Commission of the comprehensive municipal plan or sections thereof, the Planning Commission shall study and propose to the Council reasonable and practical means for putting the plan or section of the plan into effect. Such means include, but are not limited to, zoning regulations, for the subdivision of land, an official map, a program for coordination of the normal public improvements and services of the Village, urban renewal and a capital improvements program. Subd. (2) Compliance with Plan After a comprehensive municipal plan or section ther~of has been recommended by the Planning Commission and a copy filed with the Council, no publicly owned interest in real property within the Village shall be acquired or disposed of, nor shall any capital improvement be authorized by the Village, any agency thereof, or any other P9litical subdivision having jurisdiction within the Village until after the Planning Commission has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to the Council, agency or political subdivision concerned, its findings as to compliance of the proposed 072567 acquisitilion, disposal or improvement with the comprehensive municipal plan. Failure of the Planning Commission to report on the proposal within forty-five (45) days after such reference, or such other period as may be designated by the Council shall be deemed to have satisfied the requirements of this subdivision. The Council may, by resolution adopted by 2/3 vote dispense with the requirements of this subdivision, when in its judgment it finds that the proposed acquisition or disposal of real property or capital improvement has no relationship to the comprehensive municipal plan. Subd. (3) Zoning Plan. After the adoption of the land use plan for the Village, the planning commission, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the Council with its recommendations for adoption. Subd. (4) Adoption of Official Maps. After the Planning Commission has adopted a major thoroughfare plan and a community facilities plan, it may, for the purpose of carrying out the policies of the major thoroughfare plan and community facilities plan, prepare and recommend to the Council a proposed official map covering the entire Village or any portion thereof. The Council may, after holding a public hearing, adopt and amend the official map by Ordinance. A notice of time, place and purpose of the hearing shall be published in the official newspaper of the Village at least ten (10) days prior to the date of the hearing. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. In unplatted areas a minimum of a center line survey shall have been made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a registered land surveyor, After adoption, a copy of the official 072567 map or sections thereof with a copy of the adopting ordinance attached shall be filed with the Register of Deeds as provided hereafter. 4.624 Certified Copies Filed with Register of Deeds. A certified copy.of the platting ordinance, resolutions vacating any publicly owned utility easements or boulevard reserve, or any portion thereof, and official maps shall be filed with the Register of Deed of Hennepin County. Ordinances, resolutions, maps or regulations filed with the Register of Deeds pursuant to this section, shall not constitute encum- brances on real property. 4.625 Filing with Contiguoup Planning Authorities. A copy of the comprehensive plan adopted by the Planning Commission under the provisions of this ordinance shall be filed with the governing body of each contiguous municipality and with the regional planning agency established to serve the area in which the Village is located. 4.626 Filing of Certain Plat Approvals. Copies of resolutions approving subdivision plats of land within the Village, but contiguous to another municipality shall be filed with the governing body of the contiguous municipality. 072567 4.580 RES T R I C T ION SIN F I L I N G j AND R E COR DIN G CON V E Y A NeE S 4.581 UnaDDroved Subdivision No conveyance of land shall be filed or recorded if the land is d(~scribed in the conveyance by metes and bounds or by reference to an unapproved r,egistered land survey made after April 20, 1961, or to an unapproved plat. The forgoing provis~on does not apply to a conveyance if the land described: (a) Was a separate parcel of record on March 12, 1959, or (b) Was the subject of a written agreement to convey entered into prior to such time, or (c) Was a separate parcel of not less than t~o and one-half acres in area and 150 feet in width 20ri January 1, 1966, or as a single parcel of land of not less than five acres and having a width of not less than 300 feet. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and that the conveyance may then be filed or recorded 4.582 Penalty. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this section shall forfeit and pay to the Village a penalty of not less than $100.00 for each lot or parcel so conveyed. 071267 CHAPTER 5 SEW E R9 W ATE R, D R A I NAG E AND STORM SEltJER * 5.00 SEW E R S 5.01 Definitions. The following words and phrases when used in Section 5.00 through 5.22 have the meanings as set out herein: Subd. (1) Sewage Works. "Sewage ttlorks" means all facilities for collecting~ pumping, treating and disposing of sewage. Subd. (2) Superintendent. lISuperintendentH means the Village Super- intendent of Sewers or his authorized deputy agent, or representative. Subd. (3) Sewage. iiSewageli means a combinati.on of the water- carried wastes from residences, business buildings, institutions, and industrial establishments~ to- gether with such ground, surface and storm waters as may be present. Subd. (4) Sewer. it Sewer" means a pipe or conduit for carrying sewage. Subd. (5) Public Sewer. iiPublic Sewerii means a sewer in which all owners of abutting properties have equal rights or is controlled by public authority, or both. 010166 * Subci. (6) Combined Sewer. "Combined Sewer!; means a sewer receiving both surface runoff and sewage. Subd. (7) Sanitary Sewer. !iSanitary Sewerii means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. Subd. (8) Storm Sewer or Storm Drain. "Storm Sewer" or"Storm Drain" means a sewer which carries storm and surface waters and drainage but excludes sewage and poluted industrial wastes. Subd. (9) Sewage Treatment Plant. "Sewage Treatment PlantH means any arrangement of devices and structures used for treating sewage. Subd. (10) Industrial Wastes. "Industrial ~,vastesii means the liquid wastes from industrial processes as distinct from sani- tary sewage. Subd. (11) Garbage. "Garbagell means solid wastes from the pre- paration, cooking and dispensing of food, and from the handling, storage and sale of produce. Subd. (12) Properly Shredded Garbage. "Properly shredded Garbage" means the wastes from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ~ inch in any dimension. 010166 * Subd. (13) Building Drain. HBuilding Drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning 5 feet outside the inner face of the building wall. Subd. (14) Building Sewer. "Building Sev.7erii means the extension from the building drain to the public sewer or other place of disposal. Subd. (15) B.O.D. (Denoting Biochemical Oxygen Demand).., nB.O.D." (Denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the bio- chemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees C., expressed in parts per million by weight. Subd. (16) Ph. "Phil means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Subd. (17) Suspended Solids. "Suspended solids" means solids that either float on the surface of or are in suspension in water, sewage, or other liquids; and which are re- movable by laboratory filtering. Subd. (18) Natural Outlet. ilNatural Outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. 010166 .,\0 Subd. (19) tvatercourse.: ii'HatercourseH means a channel in which a flow of water occurs, either continuously or intermittently. 5.02 Restrictions. Subd. (1) Unlawful Deposits. No person shall place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the Village, or in any area under the jurisdiction of said Village, any human excrement, garbage or other objectionable waste, or animal excrement which constitutes a nuisance to hearby acreas. Subd. (2) Pollution of Water. No person shall discharge into any natural outlet within the Village, or in any area under the jurisdiction of the Village, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Subd. (3) Private Systems. Except as provided in Section 5.03 and 5.04, no person shall construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. 5.03 Connection Required After Notice. The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purpose, situated within the Village and abutting on any street, alley or right-of-way in which there is located a public sanitary sewer of the Village, is hereby required 010166 * at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the pro- visions of this ordinance, within 90 days after date of official notice to do so, provided that said public sewer is located in the street or alley of abutting property. 5.04 Cesspools and Septic Tanks and Connecting. The owner of all houses, buildings or properties where cesspools and septic tanks have been in existence prior to the construction of the sanitary sewer, shall connect with the public sewer when such septic tanks and cesspools are in need of repairs, reconstruction, or pumping. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet. 5.05 Private Sewage Disposal. Subd. (1) Sewer Unavailable. Where a public sanitary sewer is not avail- able under the provisions of Section 5.03, the building sewer shall be connected to a private sewage disposal system complying with the provisions of Sections 5.05 to 5.17. Subd. (2) Written Permit. Before commencement of a private sewage dis- posal system and before the alteration, repair or reconstruction of any functional part thereof, the owner shall first obtain a written permit signed by the Building Inspector or his authorized repre-k sentative. The application for such permit shall be made on a form furnished by the Village, which the applicant shall supplement by any plans, specifications and other information as the Village Engineer may reasonably require. 010166 * Subd. (3) When Effective. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Building Inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the office of the Building Inspector when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the Building Inspector. Subd. (4) Layout. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Minnesota Department of Public Health except where the Village Engineer shall authorize in writing deviations therefrom. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet. Subd.(5) Connect to Public Sewer. At such time as a public sewer becomes avail- able to a property served by a private sewage disposal system, as provided in Section 5.03, a direct connection shall be made to the public sewer in compliance with this ordinance, any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suit- able material. Subd. (6) No Dumping. Contents of septic tanks and cesspools or other refuse shall not be pumped or emptied into the Village sanitary sewer system. 010166 * Subd. (7) Backfilling. Backfilling above the cover level of any cesspool, septic tank or similar tanks, or any building sewer, shall not commence until permission has been granted by the Inspection Office. Subd. (8) Sanitary Manner. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Village. Subd. (9) Other Requirements. No statement contained in this ordinance shall be construed to interfere with any additional health requirements that may be imposed. Subd. (10) Locations. No septic tank, cesspool, drain field or connection therewith that is not sealed from in- filtration3 or leakage, shall be constructed, located or placed within 50 feet of any wall or spring from which water is obtained for drinking or culinary purposes. Subd. (11) Efficient Operation. Subject to the provisions of this ordinance as to mandatory connection with the Public Sewer, whenever any sanitary sewer system fails to operate efficiently by reason of accumulation of sludge, absence of absorption, or for any other reason, the same shall be repaired as soon as reasonably possible or additional facilities shall be provided. 010166 * Subd. (12) Depth Limitation. No cesspool, septic tank, drain field or other excavation that is used as part of a san is tary sewer system shall be constructed to a depth greater than 10 feet below the basement floor of the premises which it is intended to serve, nor more than 17 feet below the slab or floor joists, if the structure is constructed without a basement, except where the goundleval of the area in which the same is constructed is below that of the area immediately surrounding the dwelling or building being served thereby, in which case the bottom thereof shall not be more than 15 feet below the surface of the earth surrounding the cesspool or septic tank, nor more than 5 feet below the surface of the earth over the drain field, and in no case shall the same drain into or be allowed to flow into any inverted well, nor into any stream, pond or other body of water on the surface of the earth unless the same has been specifically approved for drainage purposes by the Council, nor shall the same be allowed to drain upon the surface of the earth. 5.06 Building Sewers and Connections. Subd. (1) Permit Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the office of the Building Inspector and otherwise complying with the terms of this ordinance. No plumbing shall be done except under direct super- vision of a Master Plumber when connection with a public sewer. Permits for building sewers and connections shall be taken out by a Master Plumber. 010166 * Subd. (2) Classes of Permits. There shall be two classes of building sewer permits: (a) Residential (b) For commercial and for service to establishments producing industrial wastes. Subd. (3) Forms. In either case, the owner or the agent shall make application on the special form furnished by the Village. The permit application shall be sup- plemented by any plans, specifications and other information which the Village Engineer may reason- ably require. Subd. (4) Permit Cards. The Village shall furnish a permit card with permit numbers which shall be promptly displayed on property where sewer connection is being made; said cards shall be displayed for the duration of the work. The applicant shall pay the fees provided in Section 3.11. 5.07 Cost Borne. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be oc- casioned by the installation of the building sewer. 5.08 Sewer Lines. Subd. (1) Separate Lines. A separate and independent building sewer shall be provided for every building; except where one 010166 * building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer except for rate purposes. Subd. (2) Old Lines. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Plumbing Inspector to meet all requirements of this ordinance. 5.09 Sewer Specifications. Subd. (I) Sewer Pipe. Building sewer shall be of extra heavy duty cast iron pipe, asbestos cement pipe, or vitri- fied clay pipe. No building sewer pipe shall be laid within ten feet of any well. When building sewer pipe shall come within twenty feet of any well, it shall be of heavy duty cast iron construc- tion. Minimum size of building sewer shall be 4" extra heavy cast iron pipe, 4" asbestos cement pipe and 6" vitrified clay pipe. Change in direction of building sewer shall be made by use of fittings approved by the Building Inspector. Subd. (2) Over Cesspools and Septic Tanks. Building sewer pipe may be laid across existing cesspools and septic tanks providing pipe rests on a steel reinforced concrete slab which ends rest directly on the concrete block walls. The two center sections of a regular cesspool cover laid parallel with each other may be used. 010166 * Subd. (3) Elevation. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby we weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment in so far as possible. ,.... .' Subd. (4) Lifts. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. Subd. (5) Trench Work. All excavating required for the installation of a building sewer shall be open trench work unless otherwise approved by the Village Engineer. Pipe laying and backfill shall be performed in ac- cordance with rules and regulations of the Village. No backfill shall be placed until the work has been inspected and approved by the duly authorized Village official. Tunneling may be permitted but no tunnel shall exceed six (6) feet in length and the pipe shall be installed so as to permit inspection of all joints. 5.11 Joints Subd. (1) Type. Type of joints shall comply with the fol- lowing specifications: Cast iron shall have a 010166 * packed Oakum Joint with a hot poured lead ring approximately 3/4" deep and caulked. Asbestos cement pipe shall consist of the Rubber Ring type joint as recommended by the manufacturer, except when connection to the house drain cast iron pipe where a packed Oakum joint with a hot poured lead ring approximately 3/4" deep shall be used. Vitrified clay tile joints shall consist of a ring of packed Oakum and a hot poured approved joint compound. Subd. (2) Leaded Joints. Cast iron pipe with leaded joints may be required by the Village Engineer where the build- ing sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that non-metallic material may be ac- cepted if laid on a suitable concrete bed or cradle as approved by the Village Engineer. Subd. (3) Gas and Water Tight. All joints and connections shall be made gas-tight and water tight. Lead shall be run in one pouring and caulked tight. No paint, varnish, or other coating shall be permitted on the jointing material until after the joint ha~ been tested and approved. Subd. (4) Clay Pipe. All joints in vitrified clay pipe or between such pipe and metals shall be made with approved hot-poured jointing material as specified below. 010166 * Subd. (5) Hot-Poured Joints. Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of one hundred sixty (160 degrees F.) degrees Fahrenheit, nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp, or similar approved material. Subd. (6) Other Methods. Other jointing materials and methods may be used only by approval of the Village Engineer. 5.12 Connection to Public Sewer. Subd. (1) "yn Branch. The connection of the building sewer into the public sewer shall be made at the iiy" branch, if such branch is available at a suitable location. If the public sewer is twelve (12) inches in diameter or less, and no properly located "yVi branch is available, the owner shall, at his expense, install a liyVi branch in the public sewer at the location specified by the Village Engineer. Where the public sewer is greater than 12 inches in diameter, and no properly located "Y" branch is available, a neat hole may be cut,. into the public sewer to receive the building sewer, with entry in the dm~stream direction at an angle of about forty-five (45 degrees) degrees. Subd. (2) Forty-Five Degree Ell. A forty-five degree ell may be used to make such connection with the spigot end so cut as not Ol0166 * .' , to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by engagement in concrete. Special filling may be used for the connection only when approved by the Village Engineer. Subd. (3) Connect to Established Location. Building sewers or house sewers have been provided for each separate structure and all connection to the public sanitary sewer shall be made where building sewers and house sewers have been installed. Connection with the public sanitary sewer at any other location must be approved by the Village Engineer prior to starting of any con- struction. In the event the building sewer or house sewer which has been installed cannot be used, then the property owner shall pay the full cost of making the connection elsewhere. 5.13 Notify Inspector. The applicant for the building sewer permit shall notify the Building Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Building Inspector or his representative. 5.14 Barricades. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, side- walks, parkways and other public property dist~bed in the course of the work shall be restored in a manner satisfactory 'to the Vi1iag~. 010166 * 5.15 Discharge of Surface Waters Into Sanitary Sewer Prohibited. No person shall discharge or cause to be dis- charged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the Council. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Council, to a storm sewer, or natural outlet. 5.16 Discharge of Certain Gasses, Wastes, Noxious Substances Into Sanitary Sewer Prohibited. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: Subd. (1) High Temperature. Any liquid or vapor having a temperature higher than 150 degrees F. Subd. (2) Fat, Oil. Any water or waste which may contain more than 100 parts per million by weight, of fat, oil, or grease. Subd. (3) Flamab1e Liquid. Any gasoline, benzene, naptha, fuel oil, or other flamab1e or explosive liquid, solid or gas. 010166 * 5.17 Qrease~ Oil and Sand Interceptors. Subd. (1) Required. Grease~ oil and sand interceptors shall be provided when, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any inflammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All such interceptors shall be of a type and capa- city approved by the Village Engineer, and shall be located as to be readily and easily accessible for cleaning and inspection. Subd. (2) Interceptor Maintenance. Where instal1ed~ all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. 5.18 Certain Industrial Wastes. Subd. (1) When Village Approval R~quired. The admission into the public sewers of any waters or wastes having (A) 5-day Biochemical Oxygen Demand greater than 300 parts per million by weight~ or (B) containing more than 350 parts per million by weight of suspended solid~ or (C) containing any quantity of substances having the characteristics described in Section 5.031or (D) having an average daily flow greater than 2% of the average daily sewage flow of the Village, shall be subject to the review and approval of the Village Engineer. 010166 ~ ~ * Subd. (2) Treatment. The owner shall provide, at his expense, such preliminary treatment as may be necessary to, (A) reduce the Biochemical Oxygen Demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or (B) reduce objectionable characteristics or constitutents to within the maximum limits provided for in Section 5.16, or (C) control the quantities and rates of discharges of such waters or wastes. Plans, specifications, and other pertinent information relating to pro- posed preliminary treatment facilities shall be submitted for the approval of the Village Engineer and of the Water Pollution Control Commission of the State of Minnesota, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Subd. (3) Maintenance of Treatment Facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and ef- fective operation, by the owner at his expense. Subd. (4) Control Manholes. The owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Village Engineer. The manhold shall be installed by the owner at his expense, and shall be main- tained by him so as to be safe and accessible at all times. 010166 ~ ^ Subd. (5) Testing. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in Section 5.16 and 5.18 shall be determined in accordance with methods employed by the Minnesota Department of Health, and shall be determined at the control manhole provided for in Section 5.45, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be con- sidered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Subd. (6) Special Agreements. No statement contained in Section 5.18 shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefore by the industrial concern. 5.19 Protection From Damage. No unauthorized person .shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be guilty of dis- orderly conduct. 5.21 Power and Authority of Inspectors. . The Village Engineer and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this ordinance. 010166 * 5.22 Damages Through Violations. Any person violating any of the provisions of this ordinance shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation. 010166 5.50 SEWER RATES 5.51 Definitions. The following words and phrases when used in Sections 5.51 through 5.63 have the meanings as set out herein: Subd. (1) Normal Sewage. "Normal SewageU means water-carried waste products from residences, public buildings, business or industrial establishments, schools, or any other buildings or structures, including the excrementitious or other discharge from human beings or animals, together with such ground water infiltration as may be present. Subd. (2) Indistrial Sewage. ilIndustria1 'Vlasteil means any liquid, gaseous solid waste substance resulting from any process of industry, manufacturing trade, business, the development of any natural resource or any similar activity. 5.52 Rates. The following rates and charges for use and ser- vice of the sanitary sewer system are hereby established, such charges and rates to be made against each lot, parcel of land, unit or premises which may have a connection directly or indirectly into the Village sanitary sewer system and which discharges only normal sewage into such system: (1) Minimum Charges. The minimum quarterly charge, whether use of water is metered or not, shall be as follows: 010166 * (a) For each business, plant, institution or similar un it. . . . $ 6.00 (b) For each grade school . . . . . . 6.25 (c) For each junior high school or high school. . . . . . . . . . 15.00 (d) For each residence, resident unit or other unit. . . . . . 3.00 Subd. (2) Flat Charges. Where the rate is not based upon the metered use of water the following quarterly flat charges shall be made: (a) Business. Plant or Institution For each business, p1ant,~1nstitution or similar unit (excluding schools) in the conduct of which persons are regularly engaged on the premises, as employees or otherwise, the said flat charge shall be as follows: For the equivalent of 10 or less persons. . .$ 4.50 For the equivalent of more than 10 but less than 16 persons. . . . . . . . . . 6.70 For the equivalent of more than 15 but less than 21 persons. . . . . . . . . . 8.75 For the equivalent of more than 20 but less than 26 persons. . . . . . . .. . 11.00 (b) Schools. For each public or private school the quarterly flat charge shall be charged whether school is in session or not (rates having been based upon average yearly use); shall be based upon the 012467 * number of students enrolled at the beginning of the quarterly billing period or the pre- ceding period if school is not then in session; and shall be as follows: For each 100 grade school students or fraction in excess thereof. . . . . . . . $ 6.25 For each junior high school or high school students or fraction in excess thereof. . . . . 15.00 Subd. (3) Meter Flow Charges. For all premises where the rate is to be based upon the metered use of water, the rates shall be that established and charged the Village by the Village of Golden Valley, pursuant to Contract, for seweage treatment, plus a charge in accordance with the following schedule: 0-50,000 GPD 50,000-100,000 GPD lOO,OOO-l50,OOO GPD 150,000-200,000 GPD 200,OOO-and over GPD Minneapolis Minneapolis Minneapolis Minneapolis Minneapolis charge charge charge charge charge plus plus plus plus plus 65% 60% 55% 50% 45% 5.53 Rate-Industrial Waste and Large Units. On each lot, parcel, premises or unit not enumerated in Section 5.52 of this ordinance the use of water shall be metered and the rates shall be the same as that provided in Section 5.52 Subd. (3). 5.54 Metering water Supply in Lieu of Flat Charge. A meter recording the use of water may be installed on any non-residential lot, parcel, premises or unit enumerated in Section 5.52 of this ordinance and thereafter the rate shall be based upon such use of water. The Council may, by resolution, require and order the installation of such meter on any such lot, parcel, premises or unit or class thereof where it shall determine that the aforementioned 010166 * flat charges are tmpractica1 to apply, or result in inequitable charges because insufficient or excessive; and thereafter the rate shall be based upon such use of water. 5.55 Installation of Meter. Any water meter installed for use or used as a basis for the computation of sewer rates shall be in- stalled and maintained in good operating condition at all ttmes, such installation and maintenance to be without expense to the Village. Any such meter shall be of a type approved by the Council, and shall accurately measure all water received on the premises. Installation of and maintenance of such meter shall be made in accordance with the plumbing regulations of this Village. 5.56 Water Used Not Entering Sewer System. If the lot parcel of land, or premises discharges normal sewage or industrial waste into the sanitary sewerage system, either directly or indirectly, and it can be shown to the satisfaction of the Council that a portion of the water measured by the water meter does not and cannot enter the sanitary sewerage system, then, and in that event, the Council may permit or re- quire the installation of other or additional meters in such a manner that the quantity of water which actually could enter the sewer system may be determined. In such case the charges or rates shall be based upon the amount of water which can enter the sanitary sewerage system. 5.57 SUEP1ying Information. The owner, occupant, or person in charge of any premises shall supply the Village with such information as the Village may reasonably require related to use of water, use of sewer, or sewer rates. Wilful failure to provide such information or wilful falsification 010166 * of such information shall constitute a violation of this ordinance, as shall wilful failure to comply with any requirement or order issued pursuant to this ordinance. 5.58 Estimated Bills. If the owner, occupant, or person in charge of any premises shall fail or refuse to provide in- formation as provided in Section 5.57 hereof, or shall fail or refuse to comply with any requirement of this ordinance, the proper charge for such premises shall be estimated and billed in accordance with such estimate. 5.59 ~eginning Service. For a fraction of a quarter the charges and rates for non-metered unit shall be based upon the amount of the established flat charge, provided, how- ever, that the actual month of beginning shall be considered as having begun on the first or the fifteenth of the month, whichever is closer. 5.61 Rifling. Bills for charges for the use and service of the sewerage system shall be made out by the Village in accordance with usual and customary general billing practices. All bills shall be payable at the Village Administrative Offices. Bills shall be rendered quarterly. 5.62 Collections. All bills shall be due and payable when rendered. If payment is not made within ten days of mailing of the bill a penalty of 10% or 50 cents, whichever is 010166 * greater, shall be added to the amount due on such bill. When a charge is more than 45 days past due civil action may be begun on behalf of the Village for the collection of said sewage service charge, and if such charge is not paid within 60 days after due the said unpaid charge plus penalty may be certified to the county auditor with the taxes against such property and shall be collected with other taxes on such property. 5.63 Sewer Operating Fund. All revenues derived from these rates and charges shall be credited to the Sewer Operating Fund. Such revenue shall be used only for the purpose of paying the cost of operating and maintaining the sewage system, paying charges made by the City of Minneapolis, pro- viding an adequate depreciation fund, paying costs of meter-reading, billing, collection and other similar or related sewer operating expenses. To the Sewer Operating Fund shall also be credited all revenues de- rived from any i:Use Chargeli paid for use of service of the sanitary sewer system. Net revenues from "Use Chargesil shall be paid by the Village from time to time for the purposes for which such Use Charge was established. If the rates and charges prescribed herein do not produce a net revenue sufficient to permit payment of the Use Charge revenues for the purposes for which established, the rates and charges provided herein shall be adjusted from time to time to permit the ac- cumulation of net revenues equal to the deposits of Use Charge Funds to the Sewer Operating Fund. 010166 * 5.70 USE CHARGE 5.71 Sewer Use Charge. Every user of the sanitary sewer system of the Village of New Hope shall pay a charge, identified herein as a Use Charge, which Use Charge shall he payable for each month or fraction of month during which said user is connected to the sanitary sewer system of the Vil- lage. 5.72 Addition~l Charge. The Use Charge shall be in addition to such sewer operation and maintenance charges as shall be established by the Council from time to time. 5.73 Amount. The Use Charge shall be One Dollar ($1.00) per month for each structure connected to the Village sanitary sewer system. 5.74 How Billed. The Use Charge shall be added to all bills sent to or given to users of the sanitary sewer system and shall be a separate item, billed as iiUse Chargeli, and showing the amount due on the current bill as a Use Charge. 5.75 Deposit of Use Charge. All Village receipts resulting from the Use Charge provided by this chapter shall be deposited in the Water and Sewer Fund of the Village. 010166 * 5.76 Duration of Use Charge. The Use Charge shall terminate on the last day or the month in which that certain contractual obli- gation of the Village entitled, nAgreement Between Village of Golden Valley and the Village of New Hope for Joint Construction and the Perpetual Use of Sanitary Sewer Trunk" dated the 18th day or September, 1956, is paid or otherwise discharged in full, including interest, and provided that said termination does not conrlict with the terms and provisions of that certain resolution dated March 13, 1962, entitled liResolution Authorizing Issuance of $425,000 Water and Sewer System Revenue Bonds of 196211. 010166 5.80 SEl-JER CON N E C T ION CHARGES CHARGE A 5.81 Definitions. The following words and phrases when used in Sections 5.81 through 5.86 have the meanings as set forth herein, and the definitions contained in Sections 5.01 and 5.51 shall apply to the usage of the same words and phrases in this ordinance: Subd. (1) New Construction. HNe~v construction" means any building or structure construed under a building permit issued after April 21, 1960. Subd. (2) Existing Construction. i'Existing constructionH means any existing building or structure used or occupied as such on or before April 21, 1960. 5.82 Sewer Connection Permit. No connection to the public sewer of the Village shall be made by any person or coporation until a sewer connection permit has been issued by the Village for said connection. 5.83 Sewer Connection Permit Charge AD A fee, hereinafter designated as "Charge Ail shall be paid for the issuance of the sewer connection permit. The amount of Charge A shall be $100, except as provided below. 010166 * Subd. (1) New Construction. At such time as a building sewer permit is applied for as to new construction, pursuant to the Sewer Ordinance of the Village, Charge A shall become due and payable, in addition to any other fee. Subd. (2) Existing Construction. At such time as a building sewer permit is applied for as to an existing structure, pursuant to the Sewer Ordinance of the Village, Charge A shall become due and payable~ in addition to the prescribed permit and inspection fee, except as hereinafter provided. Subd. (3) Deferred Payments. Upon the written request of the applicant for a sewer connection permit for existing con- struction as described in Section 5.83 Subd. (2), Charge A shall be paid in the following manner: (a) $25 shall be paid when the sewer connection permit is issued; $25 shall be due and payable every three months subsequent to the date of the issuance of the permit concurrently with the quarterly billing for sewer use and service charges, until the Charge A is fully paid~ the last payment to be for the balance then due. Charges shall be prorated for the first quarter~ and the actual month of be- oinning shall be considered as having begun the o . first or fifteenth of the month~ whichever ~s closer. (b) If the payment of any installment of $25 is not paid within 10 days after the due date, a penalty of 10% shall be added to the amount due on each installment. 010166 * (c) Any past due instalLments of Charge A, together with penalty thereon, which are outstanding on October 1st of each year shall be certified to the County Auditor with taxes against the property served for collection as other taxes are col- lected. (d) Involuntary sewer connections ordered by the Village Council, pursuant to Village Ordinance, shall be payable as prescribed hereinabove for other sewer connection permits. Subd. (~.) Commercial and Industrial Construction. In either commercial or industrial buildings, either of individual or multiple-type structure, Charge A provided by this Section shall be cal- culated by multiplying the sum of $100 t~es the number of separate commercial or industrial businesses or enterprises having individual water meters, or which the Council determines should have individual water meters. 5.84 ~~utting ,Off Service~ The Village may shut off sewer service to any premises for which the connection charge provided in Section 5.83 is unpaid and in default. The right re- served by the Village to shut off sewer service for failure to fully make said connection charge payments shall in no way be defeated, diminished or cut-off by the cancellation, termination or discharge, by opera- tion of law, of the individual liability of the ap- picant for the connection. Until the full connection charge due has been paid, no owner, tenant grantee, successor in interest, assigns, or possessor of any premises shall be entitled to connection thereof with the municipal sewer system, except as provided in Section 5.83. It is the intention of this section 010166 * to ensure that the financial costs of establishing and maintaining the sewer system is equitably borne by all the premises using it. 5.85 Charge A Revenues. All revenue derived from Charge A shall be credited to the Sewer Operating Fund. Such revenues shall be used, together with other monies in the fund, for the purpose of paying costs for establish- ment, operation and administration of the system; for such maintenance as may be necessary to preserve the system in good repair and working order; for payment of the' interest upon and the principal of all bonds payable therefrom, whether issued or to be issued, as and when the same shall become due and payable; and for the creation of a reserve for the payment of the principal and interest on such bonds as required; and to build up a fund for replacements to the system as needed. 5.86 ~epted Areas. No sewer connection permit shall be required for connection in Terra Linda or Terra Linda 2nd Additions of the Village, nor for the area bounded on the South by 27th Avenue North, on East by Winnetka Avenue or the North by the Crystal-New Hope boundary, 1,320 feet North, more or less, from 27th Avenue North and on the West by a line drawn parallel to and 150 feet vies t of "Jinnetka Avenue. 010166 5.90 SE~;'vER. CON N E C T ION C H A R G E S CHARGE :e -.....---.,--.- 5.91 Definitions. The definitions contained in Sections 5.01 and 5.51 shall apply to the usage of the same words or phrases in Sections 5.91 to 5.102. 5.92 Se\Ver Connection Permit Ch.arge B. A fee, hereinafter designated as Charge B, shall be paid ror the issuance or the sewer connection permit to supply sewer service to premises \vithin the following described areas: Subd. (1) That part of the village lying North of 42nd Avenue North. Subd. (2) That part of Section 7, Township 118, Range 21, lying South of 42nd Avenue North. Subd. (3) Section 18, Township 118, Range 21 except the Southeast one quarter (8E~) of the Northeast one Quarter (~~~) thereof. Subd. (4) The North one-half or the North one-half of Section 19, Township 118, Range 21. Subd. (5) The North 660 feet of the West 660 feet of the Northwest one luarter (~N~) of the Northwest one quarter (~TI~~) of Section 20, Township 118, Range 21. 010166 , . Subd. (6) The T~est 165 feet of the Northwest one quarter (W~~) of the Southwest one quarter (S~J~) of Section 17, Township 118, Range 21. 5.93 Additional Charge Charge B provided in Section 5.92 shall be paid in addition to the inspection fee provided in Section and the sewer connection permit charge A provided in Section 5.83. 5.94 Determination of Amount of Charge B. Pursuant to Minnesota Statutes, Section 444.075, Charge B shall be fixed by reference to the portion of the cost for Sewer Improvement No. 7 which has been paid by assessment of the premises to be connected in comparison with the amount paid by assessment for Sewer Improvement No. 7 by those premises in the village outside the areas as stated in Section 5.92 of this Ordinance. Charge B shall be the sum of an amount (hereinafter called the !lPrimary Amountm) equal to the amount, pursuant to Feso1ution Adopting and Confirming Assessments for Sanitary Sewer Improvement No.7, dated October 9th, 1958, assessed (against the premises to be connected) for Sewer Improvement No. 7 and interest on said Primary Amount from October 9th, 1958, said interest deter- mined according to the method of payment of Charge B selected by the applicant, as permitted by Section 5.95. 5.95 Method of Pa}~e~of C~~ge B. Charge B may, at the election of the applicant for the permit, unless not allowed by Subd (3) of this Section, be paid by either of the following methods: Subd. (1) Full Payment _Method~ At the time the application is filed with the Clerk-Treasurer, Charge B may be fully paid. If full payment is elected, interest on the primary amount shall be at 6% per annum thereon from October 9, 1958 to December 31st in the year in which payment is made. ~ 010166 Subd. (2) Installment Method. At the time the application is filed H'.tth the Clerk-Treasurer, npplicant may upon written request, elect to pay Charge B by insal~ment payments. If the instnl1ment method is elected, applicant shall pay said Charge B as -follows: (a) The sum of installments due at date applica.tion filed, determined on the basis of the primary aIT'ount being aayab1e in 30 equal annual installments with the 30 year period running from January I, 1959 to January 1, 1989, inclusive, and (b) The sum of interest payment due at date application filed, calculated through December 31st of the year the election to pay installments is made (the rate of interest is 6% per annum on the unpaid balance), determined as if the applicant had in fact, duly paid the installments provided in (a) above, the first interest period to begin October 9, 1958. (c) 4fter the initial payment of the sum provided in (a) and (b) above, the applicant shall pay the unpaid portion of the primary amount of Charge B to the County ~uditor in the same manner provided for payment of special assessments by Minnesota Statutes, Section 429.061, together with interest on said unpaid primary amount at 6% per annum on the unpaid balance, as of January 1 of each year. Subd. (3) No Election of Method. If the sum of the primary amount is $100 or less, the applicant may not use the installment method provided in Subd. (2) of this section but shall pay Charge B according to the full-payment method provided in Subc1. (1) of this section except that the applicants for a Sewer Connection Permit for an existing structure, may elect to pay Charge B by quarterly (every three months) payments of $25 until Charge B is fully paid, 010166 the last payment to be for the balance then due, said payments to run consecutive to the Deferred Payment as provided in Section 5.83 Subd. (3). 5.96 Issuance of a Building Permit or_Buildin& Sewer Permit. Subd. (1) New Construction. No building sewer permit for new construction shall be issued until the Charge B is either fully paid, or, where appropriate, elected to be paid by the installment method, to the Village and a sewer connection permit issued, if the said new construction is of a nature which will, in the judgement of the Council, or its duly appointed agent, reasonably be expected to use the sanitary sewer when the structure is occupied or used. The reasonableness of said determination of probable use or the said agent of the Village shall be subject ro revier,] by the Council, upon written demand by the applicant for the building permit r I ' :cor a near'1.ng. Subd. (2) Existing Construction. No building sewer permit for existing structure shall be issued until Charge B has either been fully paid or deferr~d or, where appropriate, elected to be paid by the installment method to the Village and a sewer connection permit issued. 5.97 Involuntary Sewer Connection. Charge B, where an involuntary sewer connection is ordered by the Council pursuant to Ordinance, shall be pai.d as described in Section 5.95 Subd. (1). 5.98 Charge B Procedure. Subd. (1) Preparation of Roll. The Clerk-Treasurer shall prepare a roll showing the primary amount of Charge B extended over 30 equal annual installments, including interest: each installment including interest, being set forth sep- arately. The annual installments shall be set forth 010166 starting from January 1, 1959. The roll shall be filed wtth the Clerk-Treasurer and open to public inspection. Subd. (2) Transmittal to Auditor. The Clerk-Treasurer shall transmit a certified duplicate of the appropriate part of the roll, with each installment still due, including interest, set forth separately, to the County Auditor, after an applicant has elected to pay Charge B according to Section 5.95 Subd. (2). The Council may in its dis- cretion direct the Clerk-Treasurer to file the roll in hts office and to certify annually to the County Auditor, on or before October 10th in each year, a total amount of installments of and interest on Charge B on each lot, piece or parcel of land in a JJlunicipali.ty ~.j'hich are to become due in the follo't<7ing year. Subd. (3) Full Payment After Election. ~t any ttme after an election under Section 5.95 Subd. (2) to pay Charge B, by the installment method, the amount of said charge still due, may be satisfied by payment to the Clerk-Treasurer of the entire amount remaining unpaid, with interest accrued to December 3lst of the year in which such payment is made. 5.99 Election Form; Contents. The Clerk-Treasurer shall prepare and furnish forms on which the election to pay Charge B by the installment method may be ~ade. The form shall provide that the election is binding on the applicant, his heirs, assigns, and successors in interest. If the election is not made on the form so furnished, it shall be made in writing, stating substantially the above, and the Clerk-Treasurer shall not accept any written election not conforming hereto. 5.101 Charge B Revenues. All revenues from Charge B shall be credited to the Sewer Operating Fund and used for the purpose provided in Section 5.85. 010166 5.102 Validity. If any amount, or any manner or method of collecting Charge B be held invalid by any proper court of law or equity, the Council may, in its discretion, prescribe by ordinance other means to collect any connection charge fee allowed by law. 010166 5.110 SEWER CON N E C T ION CHARGES CHARGE C 5.1l1 Definitions. The definitions contained in Section 5.01 and 5.51 shall apply to the usage of the same word or phrases in Section 5.110 to 5.115. 5.112 Direct Trunk or Lateral Sewer Connection Permit Charge. The fee, hereinafter designated Charge C, shall be paid for the issuance of the sewer connection permit to connect any premises abutting directly on trunk or lateral sewer of the Village, when said premises have not had assessments levied against it for lateral sewer main. Charge C provided in this Section shall be paid in addition to any other charges or fees provided by the ordinances of the Village. 5.113 Determination of Amount of Charge C. In accordance with Minnesota Statutes Section 444.075, Charge C shall be determined under either Subd. (1) or Subd. (2) below, whichever results in the lesser charge, except that if the method provided by Subd. (2) is not applicable, then Charge C shall be calculated under Subd. (1): Subd. (1) Regular Method. A sum equal to $6.00 per lineal foot per each front foot of the premises to be connected, plus either $90 if the house service runs to the property line, or $60 if the house service runs to the curb line. 010166 Subd . (2 ) Adjacent Street Method. _. A sum equal to the amount used for the lateral sewer assessment per front foot for a lateral sewer improvement made pursuant to Minnesota Statutes .. - Chapter 429, for the next adjacent street not more than 300 feet away, if there was such a local ~provement, multiplied by the number of front feet of the premises to be connected, plus either $90 if the house service runs to the property line, or $60 if the house service runs to the curb line. If there was no assessment for a local ~provement for lateral sewer main in an adjacent street within 300 feet, then the method provided in this Subd. (2) shall not be used. 5.114 Determination of Front Feet. In calculating the amount of Charge C pursuant to Section 5.113 hereof, the number of front feet shall be determined as follows: Subd. (1) Rectan~u1ar lots or parcels. The number of lineal feet of the lot or parcel on the shortest side that fronts. on the sewer main with which the connection is made. Subd. (2) Irre~u1ar1y shaped lots or parcels. The sum of the following divided by tw~: (a) The number of lineal feet of the lot or parcel on the shortest side thereof that fronSs on the sewer main with which the connection is made, plus (b) The number of lineal feet of said lot or parcel on the side opposite to said fronting side. Subd. (3) Exceptions. Where a lot or parcel is so irregularly shaped that the above methods of calculation are not feasible, then the number of front feet of a lot or parcel shall 010166 be determined by the Clerk-Treasurer by a method consistent with the in.tent of this section. 5.115 Time and Method of Payment. Subd. (1) Charge C shall be paid at the ttme the sewer connection permit is issued, except as hereinafter provided. Subd. (2) Upon written re1uest by the owner, and approval thereof by the Council, Charge C may be paid in equal annual installments over 20 years in the same manner provided for payment of special assessments by Minnesota Statutes Section 429.061 (except that notice and hearing shall not be required), together with interest on the un- paid balances of January 1st of each year of said charge at 6% per annum. Said charge to be a lien upon the premises connected. Such request shall be made upon forms furnished by the Village. After approval of such request by the Council, the Clerk-Treasurer shall prepare a roll showing the amount of Connection Charge C extended over 20 equal annual installments; including interest; each installment including interest being set forth separa- tely, The first installment shall be payable on the first Monday in January next following the preparation of the roll. To the first installment shall be added interest on the ~ntire assessment from the first day of the month next following the date of the issuance of the sewer con( nection permit until December 31st of the year in which the first installment is payable. The Clerk-Treasurer shall transmit a certified duplicate part of the appro- priate roll with each installment due, including interest' set forth separately to the county auditor. The council may in its discretion, direct the Clerk-Treasurer to file the roll in his office and to certify annually to the county auditor, on or before October 15th of each year, the total amount of installment and interest which is to become due in the following year. At anytime after such request to pay by installment method, the amount of the installment still due, may be satisfied by payment to the Clerk-Treasurer -of 'the entire amount rGmaining unpaid, '\'1' with interest accrued to.Dec~mber 3lst in the year which ~uch payment is made. 01~166 5.120 I' N VOL U N TAR Y SEW E R CON N E C T ION PRO C E D U R E 5.121 Definitions. The definitions contained in Section 5.0l shall apply to the usage of the same words or phrases as Sections 5.12l to 5.123. 5.122 Procedure upon failure of property owner to connect. When the owner or occupant of any property shall fail? refuse or neglect to make the connection with the municipal sewer system adjacent to the property as required by Sections 5.01 to 5.49 and Sections 5.81 to 5.86 the Council, after due notice thereof has been given as provided by Section 5.123, may by resolution direct that a connection be made and the cost thereof be assessed against the property benefited thereby, which assessment shall be levied and collected as provided by law. 5.123 Notice. Subd. (I) Form of notice. The Clerk-Treasurer shall notify in writing delivered by certified mail, the owner and occupant that the premises must be connected to the municipal sewer system in accordance with Section 5.01 to 5.22. The notice shall be in substantially the following form: NOTICE TO CONNECT TO THE VILLAGE OF NEW HOPE SEHER SYSTEM From: The Village of New Hope, Minnesota Property: To: (owner) (occupant) (State address or legal description) Plat Parcel NOTICE is hereby given that the above property must be con- nected to the municipal sewer system in accordance with 010166 Sections 5.01 to 5.22 of the Village Code, within days hereof, or the Village of New Hope shall make such connection and assess the cost thereof against said property, as autho- rized by Sections 5.121 to 5.123 of the Village Code. Dated: By: (Deputy) Clerk-Treasurer Subd. (2) Waiver. Whenever the owner signs a written waiver of notice and consent and authorization to the Village to make such connection, the Village may, without notice being given as required above, connect the property to the municipal sewer system and assess the cost thereof. Subd. (3) Time. If written notice is given as provided above, and no written waiver and consent is sigped, such notice shall require connection in not less than 5 days nor more than 2 weeks. 010166 5.130 SAN I TAR Y SEW E R D 1ST R leT 5.1310 Sanitary Sewer District Established. Pursuant to plans for the establishment of a sanitary sewer system for the Village, Sanitary Sewer District No. 1 is herby created, which district shall include the entire area within the Villiage. 010166 5.140 HUN I C I PAL WATER 5.141 Establishment of Water Department. There is hereby established a Water Department for the Village of New Hope. The water system of the village, as it is now constituted or shall hereafter, as the Council may from time to time direct be enlarged or extended, shall be operated and maintained under the provisions of this ordinance, subject to the authority of the Council at any time to amend, alter, change or repeal the same. 5.142 Counc il. The Council shall have charge and management of the water system, subject to such delegation of the authority to the Superintendent of the Water Department, the Village Engineer, and to other village employees as the Council shall provide. 5.143 Superintendent of the Water Department. The Council (subject to applicable Civil Service regulations) shall, from time to time, appoint a person to serve as Superin- tendent of the Water Department, and to receive such compensa~ tion as shall be determined by the Council. 5.144 Superintendent. The Superintendent shall supervise the installation of water-service pipes and their connections to the water mains and enforce all regulations pertaining to water service in this village in accordance with this ordinance. This ordinance shall apply to replacements of all existing service and appurtenant works as well as to new service and appurtenant works. 5.145 License Required. All installations of water-service pipes, meters, and connection to the municipal water system shall be made by a plumber, licensed by the state. 010166 5.146 Permit Required for Connection to Water System. Subd. (1) Permit. Before any person shall make a connecc~on with the ~~ municipal water system, he or it shall obtain a written permit therefor. The application for the permit shall be filed with the Clerk on blanks furnished by the Clerk-Treasurer. The application shall include the address and legal description of the property, the name :~ of the property owner, the name and address of the person who will do the work and the intended general uses of the water. Subd. (2) Approval. Said permit shall not be issued until the application is approved by the Councilor its designated agent and the fees and charges required have been paid or deferred payment requested and approved. Subd. (3) Revocation of Permit. , The Superintendent may at any time, revoke the permit for any violation of this ordinance and require that the work be stopped, or if already completed, that it be removed, and the violation corrected. The Superintendent shall notify the plumber immediately, by personal written notice (or by verbal notice confirmed promptly in writing) of the revocation and the reasons for the revocation. The owner or plumber may appeal such action by giving written notice thereof to the Superintendent. In such event the Superintendent shall give mailed written notice of the time and place of the council meeting at which he will be granted a hearing. At this council meeting, the Superintendent shall make a written report to the Council, stating his reasons for the revocation, and the Council, after fair hearing, shall revoke or confirm the revocation for a fixed period of time, or take any further action that is necessary and proper. 5.147 Water Connection Permit. Before any permit is issued, the person who makes the application shall pay the fee provided in Section 3.12 to the Clerk-Treasurer to cover the cost of issuing the permit and 010166 supervising, regulating and inspecting the work. This fee shall be separate from and in addition to any connection ch;arges payable. 5.148 Connection Charge. A water connection charge shall be paid for connecting to the municipal water system. The amount of such connection charge shall be determined under either Section 5.149 or 5.151. 5.149 Platted Property of 13,500~quare feet. Each parcel of platted property of 13,500 square feet or less shall pay the water connection charge calculated under this section. Subd. (I) Trunk Charge. A trunk charge equal to $1.33 per lineal foot for each front foot determined in accordance with Section 5.151, but not less than $100.00 per parcel, and the charges provided in Subdivision (2), if app1iable. Subd. (2) Lateral and House Service Charges. For each such parcel where municipal water is available and the cost of the house service or lateral water main has not been assessed against the parcel, the following charges for each such installation not assessed, except as limited by clause (b) of Subdivision ~ hereunder shall be added: (a) House Service. A house service charge determined by the size of service installed as follows: Size of service Charge 3/4" service 111 service 1~" service l~ii service 2" service $ 85.00 95.00 130.00 150.00 180.00 010166 (b) Lateral Charge. A lateral charge equal to $4.80 per lineal foot for each front foot as determined in accordance with Section 5.151. Subd. (3) General Provisions. (a) Minimum. Except when the charges under Subdivision (2) do not apply, the total charge under this section shall not be less than $500 per lot. (b) Private installation of lateral and house service. Where the cost of both the installation and materials used in the construction of laterals, service pipes and accessories are installed by private funds, at no expense to the village, and in accordance with Village specifications, the parcel which receives water from the municipal water system shall pay only the trunk charge provided in Subdivision (1). 5.151 Unplatted Property and Platted Lots of More Than 13,500 square feet. Each parcel of unplatted property or platted lots of more than 13,500 sq~are feet shall pay the water connective charge which shall be the sum of the charges provided under this section. Subd. (I) Lateral and house service charges: A lateral charge equal to $4.80 per lineal foot for each front foot as determined in accordance with Section 5.151 and, if applicable, increased or decreased under clauses (b) and (c) below, plus a house service charge determined by the size of service installed as follows: Size of service Charge 3/4" service 1'; service H;11 service $ 85. 00 95.00 130.00 010166 1~1! service 20 service 150.00 180.00 (a) Minimum for Laterals and House Services. The total charge for lateral water main and house service shall in no event be less than $400.00 per parcel. (b) ~age increased. The lineal footage shall be increased to include those sides of the parcel which can be reasonably expected to have lateral water con- struction in the future; provided however, that upon application by the property owner to the council the charge for this additional footage shall be deferred, without interest, until the construction of water lateral{s) actually takes place. (c) Footage decreased. Where the costs other than the trunk costs have been assessed against the premises or where the cost of both the installation and materials used in the construction of laterals, service pipes and accessories are paid for by private funds, at no expense to the Village, and in accordance with village specifications, the amount deter- mined under this subdivision shall be reduced by the sum of the number of lineal feet adjacent and immediately serving the premises multiplied by $4.80 per foot) plus the sum of the number of house services installed that can be utilized, by the municipal water system multiplied by $85.00, Subd, (2) Trunk Charges. Charges for water trunk shall be made on the basis of $360 per acre, including border street areas. (Border street areas shall be included to the extent that the street would revert to the premises in question under the laws applicable to vacation of municipal streets). Trunk charges paid on this basis shall not be duplicated at such time as the parcel is subdivided in the future. 010166 5.152 Determination of Front Feet. In calculating the lateral and trunk charges provided in Sections 5.149 and 5.151, the number of front feet shall be determined as follows: Subd. (1) Rectan&ular Lots or Parcels. The number of lineal feet of the lot or parcel on the shortest side that fronts on the water main with which the connection is made. Subd. (2) Irregular shaped lots or parcels. The sum of the following divided by two: (a) The number of lineal feet of the lot or parcel on the shortest ~ide thereof that fronts on the water main with which the connection is made, plus (b) The number of lineal feet of said lot or parcel on the side opposite to said fronting side. Subd. (3) Exceptions. Where a lot or parcel is so irregularly shaped that the above methods of calculation are not feasible, then the number of front feet of a lot or parcel shall be determined by the Clerk-Treasurer by a method consistent with the intent of this section. 5.153 Time and Method of Payment. Subd. (1) Full Payment. Water connection charges payable under Sections 5.149 and 5.151 shall be paid at the ttme the permit for such connection is issued, except as hereinafter provided. Subd. (2) A1~ernate Optional Methods. In addition to the full pa~€nt method, the applicant may, upon written request by the owner, if approved,by the Council, pay the t:.\I'ater connection charges under one 010166 or more of the optional methods provided in subdivisions (3), (4), and (5) of this section, when they are applica~le. Subd. (3) Option Method 1. Quarterly payments: One-quarter of the charge payable shall be paid when water connection permit is issued; and the sum remaining in three additional quarterly payments, one every three months subsequent to the issuance of the permit, until the full water connection charge is paid. The actual month of beginning shall be considered as having begun on the 1st or the 15th of the month, whichever is closer. Subd. (4) Option Method 2. No Actual Connection. When a water connection permit is issued and the applicant only installs water service pipe from his residence or building to the stub without in part connecting to and using the water system, the charge may be paid: (a) Trunk charges only payable: When a trunk charge only is payable, one-quarter shall be paid when the water connection permit issues; thereafter~ one~quarter of the charge : shall be paid when the actual connection to . the water system is made, and the sum remaining in two additional quarterly payments, one every three months subsequent to the actual connection. (b) Trunk, lateral and house services payable: When a trunk, lateral and house service charge is payable, one-quarter of the trunk charge shall be paid when the water connection permit is issued; thereafter, one-quarter of said chatge shall be paid when the actual connection is made, and the sum remaining in two additional quarterly payments, one every three mouths subsequent to the actual connection. One-quarter of the lateral and house service charges shall be paid when actual connection to water system is made; and the sum remaining in three additional quar~ terly payments one every three months subsequent to the actual connection to the water system. j 010166 (c) Failure to Give Notice of Connection Prohibited. Notice of any actual connection subsequently made shall be given to the Village prior thereto, and making actual connection without written notice to the Village shall be in violation of this ordinance. Subd. (5) Option Method 3 -- 20 year installments: (a) Trunk. lateral and house service under Section 5.149. When a trunk, lateral and house service charge under Section 5.149 is payable, payment may be made as follows: $100.00 shall be paid at the time the permit is issued ( or in quarterly payments of $25.00 each if so elected) and the balance in equal annual installments over 20 years as provided in Section 5.153 (b) Trunk, lateral or house service under Section 5.151. When either a trunk charge only, or a trunk lateral, and house service charge under Section 5.151 is payable, payments may be made as follows: $100.00 shall be paid at the time the permit is issued (or in quarterly payments of $35.00 each if so elected) and the balance of said charge to be paid in equal annual installments over 20 years as provided in Section 5.153, If thereafter, such parcel of land is divided or platted, then when such divided parcels or lots apply for permits to connect to the municipal water system, they shall pay a connection charge determined under Sections 5.149 or 5.150, but shall receive a credit against such charge for the amount that the annual installments paid hereunder have reduced the principal amount thereof. In the event a division of said tract of land is made, the Council at its sole discretion may allocate the balance still payable in annual installments to such divided parcels or lots as it determines proper. 5.154 Eleemosynary Institutions. Any charitable, benevolent, religious or other dleemosynary institution may pay the water connection charge provided in 010166 Section 5.148 under subdivision (5) of Section S.l53 (Option Method 3), upon written request of such institution, and approval thereof by the Council. 5.155 Procedure on 20 year Installments. Charges payable in annual installments shall be paid in equal annual installments over 20 years in the same manner provided for payment of special assessments by Minnesota Statutes Section 429.061 (except that notice and hearing shall not be required), together with interest on the unpaid balance as of January 1st of each year of said charge at 6% per annum. Said charges to be liens upon the premises connected. The Clerk- Treasurer shall prepare a roll showing the amount of the connection charges extended over 20 equal annual installments; including interest; each installment~ including interest being set forth separately. The first installment shall be payable- on the first Monday in January next foll~ing the preparation of the roll. To the first installment shall be added interest on the entire assessment from the first day of the month next following the issuance of the water connection permit until December 31st of the year in which the first installment is payable. The Clerk-Treasurer shall transmit a certified duplicate part of the appropriate roilil, with each installment due~ including interest set forth separately to the County Auditor. The Council may in its discretion, direct the Clerk-Treasurer to file the roll in his office and to certify annually to the County Auditor, on or before October 15th of each year the total amount of installment and interest which is to become due in the following year. Any time after such request to pay by installment method~ the amount of charges still due may be satisfied by payment to the Clerk-Treasurer of the entire amount remaining unpaid~ with interest accrued to December 31st in the year in which such payment is made. 5.156 Penalty for failure to make payments. If a payment of any quarterly installment due under ~ Subdivisions (3), (4)~ or (5) of Section 5.153 is not made within lO days of the due date, a penalty of 10% shall be added to the amount due on such installment. The Village may shut off water service for failure to make payment when due, which shall not be restored until the installment and penalty, plue cost of shutting off and turning on the water are paid. 010166 5.157 Excavations. -- Excavations to do work under this ordinance shall be dug so as to occasion the least possible inconvenience to the public and to provide for the passage of water along the gutter. All such elevations shall have proper barricades at all times, and warning lights from one-half hour before sunset to one-half hour after sunrise; and shall be made in compliance with the provisions of Sections 3.101 to 3.107. If the opening is to be made for any purpose whereby water mains or service pipes are exposed, sufficient measures shall be taken by the person or persons making the excavation, to protect the water system from freezing.. 5.158 Tampering. It shall be unlawful for any persons not authorized by the Village to connect to, tamper with, alter, or injure any part of the Village water works or supply system, or any meter. 5.159 Plumbing. No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of the Village; provided, that water may be turned on for construction work in unfinished buildings, subject to provisions of this ordinance. After giving reasonable notice, the Superintendent may shut off the supply of water to any consumer because of any substantial violation of this ordinance. The supply shall not be turned on again until all violations have been corrected and the Superintendent or the Council has ordered the water to be turned on. 5.161 Checkvalves. Checkva1ves are required on all water connections to steamboilers or on any other connection deemed by the Superin- tendent to require one. Safety and release valves shall be placed on all boilers or other steam apparatus connected \\Tith the water system where the steam pressure may be raised in excess of 50 Ibs. per square inch. 5.162 Use of Water During Fires. It is hereby declared to be unlawful for any person in this Village or any person mvning or occuping premises con- nected to the municipal water system to use or allow to be 010166 used during a fire any water from said water system, except for the purpose of extinguishing said fire, and upon the sounding of a fire alarm, it shall be the duty of every such person to see that all water services are tightly closed, and that no water is used except for necessary household purposes or essential to commercial operations during said fire. 5.163 Continuous Flmv Prohibited. In order to prevent waste or excessive use of water or irregularity of pressure, no person shall allow water to flow continuously in order to guard against freezing or for any other purpose, except by permission from the Superintendent; provided, however, the Superintendent may at any time, rescind such special permission when he shall deem its continuance to be detrimental to the operation of the water system and the service available to other consumers. 5.164 Emergencies and Repairs. The Superintendent is hereby authorized to limit or discontinue the supply of water, in cases of emergency, and to shut off the supply of water for repairs or extensions, he being the judge of the time and necessity. 5.165 Deficiency of Water. The Village shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or for any other cause whatsoever. 5.166 Consent to Regulation. Every person applying for water service from the municipal, water system, and every owner of property for which such application is made, shall be deemed by such application to consent to all rules, regulations, and rates contained in the ordinances of the Village, and to all modifications thereof, and all rules, regulations and rates duly adopted hereafter. OlOl66 5.167 Service Pipes. Subd. (1) Installation. All service pipes from the curb served shall be installed by, and at owner of the property to be served. shall be under the inspection of the box to the premises the cost of, the Such installation Village. Subd. (2) Expense. All repairs for service pipes out to their connection with the street mains, including any repairs necessary to the curb box, and plumbing systems of building, shall be made by and at the expense of the owners of the premises ' served. The Village may, in case of an emergency, repai~ any service pipes and if this is done, the cost of such repair work shall be repaid to the Village by the owner of the premises served. The Superintendent shall be the sole judge of tbe existence of an emergency. Subd. (3) Depth and Size. Service pipes shall be placed not less than 7 feet below the surface from the main to the building line and in all cases so arranged ao as to prevent rupture or damage from freezing. Service pipes must be of a size specified in the permit order and for residential install- ation it shall be of a 3/4" type K copper; in all other cases it shall be of a type K copper and of the smallest size that will insure an adequate supply of water for both present use and for reasonably anticipated future use. Subd. (4) Stop Boxes. Such service pipes must extend from the main to the inside of the building, or if not taken into a building, then to the hydrant or other fixtures which it is intended to supply. A stop-caulk must in all cases be placed out- side any box and a shut-off or other stop-caulk with waste~ of the size and strength required shall be placed close to the inside wall of the building, well protected from freezing. All stop boxes at the curbs shall be set between the curb and the building, if practical. 010166 ~Subd. (5) Supply from One Service. Not more than one house or building shall be supplied from one service pipe connecting with the street main, unless by special permit. Such house or building shall have a separate stop box. Subd. (6) Inspection of and Approval. All water-service pipes and their connections to the municipal water system must be inspected and approved in writing by the Superintendent before they are covered; and he shall keep a record of such approvals. If the Superintendent refuses to approve the work on the grounds of improper or inadequate compliance with specified Village requirements, the plumber or owner shall proceed immediately to correct the work so that it will meet with his approval. Every person who uses or intends to use the municipal water system shall permit the Superintendent or his authorized agents to enter the premises to inspect the water pipes and appurtenances at all reasonable hours. 5.168 Meters. Subd. (1) Water to be Metered. No water shall be furnished to any consumer from the municipal water system unless the same is measured by a meter, unless by special permission of the Council. Subd. (2) Installation; Ownership and Control. All meters shall be furnished and installed by the consumer. Meters shall be installed in a location that will be easy of access. Upon connection with the municipal water system, all meters shall thereafter be deemed the property of and under the control of the Village; the applicant for the connection permit waiving and releasing all claims thereto. Subd. (3) Meter Requirements. No water meter shall be installed and connected to the municipal water system unless it conforms to the following requirements: 010166 (1) Meter shall be standard approved cold water meters of the size indicated in conformance with AWAA Standard Specifications 7 M. 1. (2) Meters shall have a bronze case with a slot t~ insure correct positioning of the measuring chamber. (3) 5/8ths inch, 3/4 inch and 1 inch meters shall have a cast iron frost bottom. (4) Meters shall be of the Nutating type. (5) Measuring chambers for 5/8ths inch, 3/4ths inch and 1 inch meters shall be of Arum bronze, to have a hard rubber bearing plate for the thrust roller, and disc piston complete with a Monel thrust roller. Chambers to be snap-joint screw- less type. (6) Measuring chambers for 1~" and 2" meters shall be of Arum bronze with a hard-rubber thrust roller and bearing plate; the two chamber piec~s shall be secured by three screws. (7) Meters shall have a 4-gear reduction to be well enclosed and in no way attached to the measuring chamber. (8) Meters shall have a straight reading, U.S. gallon register, and the register shall be 't,vithout scre'tvs. (9) Meters shall have a Monel inlet and outlet strainers. (10) The 5/8ths inch, 3/4ths inch and 1 inch meters shall be equipped with straight connections and gaskets. (11) The l~" and 2!l meters shall be equipped with flange connections with bolts, nuts, and gaskets. 010166 Subd. (4) Meter Maintenance. Meters shall be maintained by the Village, as far as ordinary wear and tear are concerned; but damage due to freezing, or due to hot water, or external causes, shall be paid for by the consumer. The Village reserves the right to discontinue water service upon reasonable notice if such repair bill is not paid. The consumer shall notify the Village of any injury to or the non-working of the meter, as soon as it comes to his knowledge. Subd. (5) Meter Reading. Where the water furnished is measured by a meter, the meter shall be read quarterly by the consumer and the consumer shall be required to record the amount of water consumed on the self-reading water meter card furnished to consumer and returned or mailed by the consumer to the Village. If such card is not recieved by the Village for the respective quarters on or before March 10th (1st quarter); June 10th (2nd quarter); September 10th (3rd quarter); and December 10th (4th quarter), a penalty of $.50 shall be added to the bill. The quantity recorded by the meter shall be conclusive on both the consumer and the Village, except when the meter has ceased to register, in that cas~, the quantity may be determined by the average registration of the meter when in order. If no self-reading water meter card is received by the Village on or before the date of . billing or the Village is unable to read the meter for any reason, an estimated bill will be prepared based upon, past experience with this customer within the Village water system, which estimated bill shall be adjusted in accordance with actual meter readings, when made. Subd. (6) Testing Meters. Any water meter connected to the municipal water system shall be taken out and tested upon complaint of the consumer, upon payment of a fee of $3.00. If upon test the meter is not within 3% of being accurate, it shall be repaired or replaced and the $3.00 fee returned to the consumer, but no refund of any water bill paid shall be made. 010166 5.169 Water Rates. Water billings shall be concurrent with sewer billings. The rates for water, furnished to consumers by the municipal water system shall be as follows. Subd. (1) Single Family Residence. (a) The minimum quarterly charge shall be $9.00 for each connection. (b) The first 30,000 gallons metered during each quarter shall be billed at the rate of 35~ per 1,000 gallons; all water metered thereafter for the quarter shall be billed at the rate of 30~ per 1,000 gallons. Subd. (2) Multiple Dwellings. (a) The minimum quarterly charge shall be $9.00 for each housekeeping unit. Rates for each housekeeping unit shall be Qamputed on the same basis as for a single-family residence. (b) Where a multiple dwelling has one meter, which shall be read quarterly, the same rate as specified in paragraph 31a shall apply, except that the reduction of rate from 35~ to 30~ per gallon shall take effect on all gallons metered in excess of 30,000 gallon times the number of housekeeping units in the dwelling. Subd. (3) Schools. The rates shall be 30~ per 1,000 gallons. Subd. (4) Fire Protection Hydrants. There shall be an annual charge of $50 for each private fire hydrant. All private hydrants shall be installed at no expense to the Village, and shall be approved as to plans and specifications by the Village, and all such construction shall be inspected and approved by the Village, and all costs thus incurred by the Village shall be reimbursed to the Village by the owner of the property. 010166 Subd. (5) Miscellaneous, The rate provided in Subd. (1) above, shall apply to every connection to municipal water system unless either covered by a specific subdivision of this section or where other rates have been provided for by a written agreement between the consumer and the Council. 5.171 Beginning Service. When the initial quarter of service is a fraction of a quarter, the minimum charges provided in Subdivision (1) (a) and (1) (b) of Section 5.169 shall be reduced and shall, for the initial quarter, be a pro rata amount of the regular minimum charges therein provided, except that the actual month of beginning shall be considered as having begun on the first or the fifteenth of the month, whichever is closer. 5.172 Accounts in the Name of Property Owner. All accounts shall be carried in the name of the owner who personally, or by his authorized agent, shall apply for water service. Said owner shall at all times be liable for water service consumed upon the premises whether he is occupying the same or not. Upon request of said owner, the bill for the water charge may be billed to the occupant of the premises served, but said owner shall remain liable for the amount billed, together with interest and penalties if any occrue. 5.173 Payment. All bills shall be due and payable when rendered. If payment is not made within 10 days of mailing of the bill, a penalty of 10% or 50~, which ever is greater shall be added to the bill. The actual month of beginning shall be considered as having begun on the 1st or 15th of the month, whichever is closer. Water bills shall be considered to be in default on the 1st day of the month following the mailing of the bill. 5.174 Non-Payment. The water supply may be shut off from any premises for which the water bill remains u~paid and in default. When shut off, the water shall not be turned on except upon the 010166 payment of the bill, together with interest thereon at the rate of 6%, and payment in an amount to be determined by the Council to cover costs to the Clerk-Treasurer for restoring service. Provided, however, that if the consumer of water whose bill is unpaid is not the owner of the premises, and the Clerk-Treasurer has notice of this, then notice shall be mailed to the owner of the premises as indicated on the Village records, and the water supply shall not be shut off unless the bill with interest is not paid within 10 days after said notice is mailed. The clerk-Treasurer will mail such notice within 20 days after the due date. 5.175 Violations. Any person, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor; and separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 5.180 D R A I NAG E 5.181 Definition of Drainage Structure. As used in this Ordinance, Drainage Structures means any ditch, drain, driveway, culver~ drainage system, way for the conveyance of surface waters, or any combination thereof in any street or drainage easement dedicated or conveyed to the public. 5.182 Obstruction of Drainage Structure. No person shall permit any drainage structure which adjoins, or runs on, across or through, any property, owned by him to become obstructed, to fall into a state of disrepair, or maintain any drainage structure which is not adequate to permit the free and unrestricted passage of water therein. 5.183 Notice to Land Owner to Remedy Conditions. Subd. (1) Generally. Whenever the Village Engineer shall determine that' any drainage structure is obstructed, in a state of disrepair, or is not adequate, he shall notify the owner of such premises on which such condition exists or adjoins, to remedy such condition at once, so that such obstruction shall be removed and condition corrected. The existance of the condition which obsturcts or impedes the free flow of surface wate from, on or in the streets or drainage easements as herein set forth shall constitute a nuisance. Subd. (2) Trees or Fences in Drainage Easements. Whenever the Village Engineer shall determine that any fence or'tree obstructs or impedes the free flow of surface water from, or in any drainage easements, or interferes with remedying or correcting of obstructions in any drainage structure, he shall notify the owner of such premises on which such fences or trees exist, to remove said fences or trees at once. The existance of fences or trees which obstruct or impede bhe free flow OlOl66 of surface water from, or in any drainage easement, or interferes with remedying or correcting of obstructions in any drainage stnucture, as herein set forth, shall constitute a nuisance. The Village shall not be required to pay compensation for any such fences or trees that are removed. 5.184 Failure to Comply with Notice. Any person who fails or refuses to comply with the notice given by the Village Engineer as herein provided, within seven days after such notice, is guilty of a misdemeanor. In addition thereto, the Village shall have all rights granted to it by law to abate the nuisance. 010166 C HAP T E R 6 S T R E E T S, ALL E Y SAN D PUB LIe PRO PER T Y ~ 6.00 WEIGHT~ LOAD LIMITS 6.01 Definitions as used in this Ordinance: "Vehiclen includes any object or contrivance or combination of objects or contrivances moved on wheels of any kind, including all motor vehicles~ house trailers and trailers of all kinds. f\Single axle" includes all wheels ~vhose centers may be included within two parallel traverse vertical planes forty (40) inches apart. 6.02 Weight Limits. Subd. (I) Pneumatic ~ires. No vehicle equipped with pneumatic tires shall be operated upon the streets within the Village when the gross weight of any single wheel exceeds 4,000 pounds, or ~\7hen the gross ~\7eight on any single axle exceeds 8,000 pounds. vfuere dual wheels are used, the gross weight upon such dual wheels shall not exceed 6,000 pounds, or on single axle equipped with dual wheels shall not exceed 12,000 pounds. Subd. (2) Non-pneumatic Tires. A vehicle not equipped with pneumatic tires shall be governed by the provisions of Subdivision 1, except that the gross weight limitations shall be reduced by forty (40) per cent. Subd. (3) Seasonal Restrictions. No vehicle shall operate upon any street within the Village between March 15 and May 1 of any year, with a OlOl66 * gross weight in excess of 75% of the limitations pro- vided in Subdivisions 1 and 2: TIle Council may al- leviate or extend the period of these seasonal restric- tions if, in its opinion, the same is necessary for the protection of the streets in the Village, by resolution setting therein the period of such extension or alleviation. Subd. (4) New Streets. No vehicle having a gross weight in excess of 75% of the limitations provided for in Subdivisions 1 and 2 shall operate upon any street within the Village which has been surfaced with bituminous materials, until one year after such surfacing has been completed. 6.03 Lugs Prohibited. No person shall drive or operate any vehicle equipped with steel or metal lugs upon any oiled or bituminous sur- faced street in the Village. 6.04 Notice of Restrictions. The Village shall erect or cause to be erected and maintained on main streets of entry into the Village, signs plainly indicating the prohibitions or restrictions of this ordinance. 6.05 Liability for Damages. The owner or driver of any vehicle driven upon any street in the Village in violation of the provisions of this ordinance, shall be liable to the Village for all damages sustained as the result of such illegal operation. 010166 .J.. " 6.10 IMPOUNDING OF VEHICLES 6.11 Authority to Impound Vehicles. The Police may remove and impound or have removed and impounded any vehicle from streets, under the follow- ing circumstances: Subd. (1) When a vehicle is upon a roadway and is so disabled as to constitute an obstruction to traffic, and the person or persons in charge of the vehicle are by reasons of physical injury so incapacitated as to be unable to provide for its custody; Subd. (2) h~en any vehicle is left either unat- tended upon the street or the person in charge thereof fails to move it upon direction of the Police, and is so parked as to block the use of a fire hydrant or consti- tute a definite hazard or obstruction to the normal move- ment of traffic. Subd. (3) tVr1en the driver of any vehicle is arrested, or taken into custody by a police officer; Subd. (4) Hhen any vehicle is left parked upon a street for a continuous period of 48 hours or more, after diligent effort has been made to locate the ov.7!1er, and the cwne~, if found] has been given a reasonable opportu- ni ty to r e::n')ve the veb.:tc J.e . 6.12 Notice of Impo~ndi~g. Within t';'Jelve hours from the time of removal of any vehicle] notice of the impounding] together with a desig- nation of the pound] shall be given by the Police to the owner of record of such vehicle. Such notice may be made in person or by telephone]\~en possible, and if not pos- sible, by letter. 010166 ~ n 6.13 Restrictions While Impounded ~ubd. (I) Work on Vehicle. Any impounded vehicle shall be in the custody of the law from the time it is taken into possession by the poundkeeper until it is released to the owner. During such time no work shall be done thereon by the poundkeeper, nor shall he permit anyone to do any work thereon except in impounding and storing the vehicle by the poundkeeper or his agent. The poundkeeper during the time the vehicle is impounded shall not permit the owner or any other person to take or remove from the vehicle any contents or parts or part, or change or repair any part or parts, unless the poundkeeper notifies the Police and they consent thereto. Subd. (2) Removal. No person shall take away or remove any impounded vehicle from the possession of the poundkeeper until the towing and storage charges due thereon are paid to the poundkeeper. Subd. (3) Release. Upon payment of storage and towing charges, the poundkeeper shall release the vehicle to the owner or his agent by a release in writing which shall state the date of such release, the amount of the charges and the purpose for which said charges were made. No other charge shall be made by the poundkeeper other than towing and storage charges. The release shall be made in one original and three copies, all of which shall be signed by the pound- keeper and the person to whom such release is made. The poundkeeper shall retain the original and shall deliver one copy to the owner and two copies to the Police, whereupon the Police shall deliver one copy to the Clerk- Treasurer. 010166 ~ n Subd. (4) Report. A written report shall be made by the Police on any vehicle impounded. Such report shall show the dis- position of the vehicle ordered by the Police; the of- fense fur which impounded; and a description of the vehicle, which shall include the following: (1) Make of vehicle; (2) License number; (3) Serial number; (4) Number of tires; (S) Separate articles of personal property; (6) General description of the vehicle with regard to condition, damaged parts and other such information as may be necessary to adequately describe the vehicle. A copy of such reportj signed by the officer or officersj shall be delivered to the poundkeeper at the time of im- pounding and the poundkeeper shall check such report, and receipt for the same. His signature thereon shall be considered a receipt for the vehicle and property described in said report. The original of said report, together with the duplicate of the poundkeeper9s receipt shall be filed with the Police Department. 6.14 Poundke~oer. Subd. (1) Bids. The Council may in its discretion, advertise for bids by persons desiring to act as poundkeepers of vehicles impoundedj or it may contract for such service without bids. If the Council elects to advertise for bids, the procedure for bidding shall be provided for by resolu- tion of the Council. The Council reserves the right to reject any and all bids. Upon the acceptance of the bid, or approval of the contract, the successful bidder shall be a Village poundkeeper. OlOl66 ,~ Subd. (2) Contract, A current contract between the Village and the Poundkeeper shall be kept on file with the Clerk. This ordinance shall be and constitute part of any bid ad- vertised by the Village and of any contract entered into with the Village by any poundkeeper~ as fully and to the same effect as if set forth at length therein. The pro- visions of this ordinance shall in all respects prevail, over any portion of such contract which is inconsistent with this ordinance. Subd. (3) Towing and Storage Charges. The following are hereby fixed and established as the charges that shall be made for the towing and storage of any vehicle removed and impounded. (1) Towing charge: shall not exceed the amount agreed upon in any current contract between the Village and the poundkeeper, a true and correct copy of which shall be on file in the office of the Clerk-Treasurer and the schedule of charges of such contract is hereby made part of this ordinance to the same effect as if set forth verbatim herein. (2) Storage charge: $.75 per day for outside storage and $1.00 a day for inside storage, from the day of impounding and for each 24 hours or fraction thereof thereafter. Subd. (4) Poundkeeper's Bond. The poundkeeper shalk post a $1,000 bond, filed with the Clerk-Treasurer~ to indemnify the owner of any impounded vehicle against loss thereof or injury or damage thereto while in the custody of said poundkeeper. Said bond shall be conditioned to the safekeeping of impounded 010166 .'. " cars, accessories and personal property, to reimbursement of the Village for any loss it incurs thereon, and to guarantee performance of the contract. Subd. (5) Insurance. The poundkeeper shall carry the insurance coverage agreed upon in its contract with the Village, with a re- liable insurance company licensed to do business in Minnesota. The poundkeeper shall furnish and file with the Clerk-Treasurer, the insurer's certificate of in~ surance containing endorsements providing for a ten-day notice to the Village before cancellation and that the poundkeeper will save the Village harmless from all claims, expenses or damages arising out of the perfor- mance of such contract. If either said policy of in- surance or the bond provided in 3ubd. (4) is cancelled, the Poundkeeper before date of cancellation, shall furnish and file a new certificate of insurance or bond. In the event Poundkeeper is without insurance or bond provided herein, or both, the contract will automati- cally be cancelled. 6.15 Fine or Penalty. The payment of towing and storage charges shall not operate to relieve the owner or operator of any vehicle from liability for any fine or penalty for the violation of this or any other law or ordinance for which the said vehicle was removed and impounded. 010166 * 6.20 STREET LIGHTING SYSTEM 6.21 Determination of Location. Subd. (1) Council Resolution. The Council shall determine by resolution from time to time~ the streets, or other public or private areas on which the Village shall install and operate street lighting systems. Subd. (2) Notice. B ,.. 1 0' 1": 'h' h ...... 1 erore any sucn serV1ce lS LurnlS eQ~ tLe vLer~- Treasurer shall publish notice that the Council will meet to consider such projects. Such notice shall be published at least once no less than ten days prior to such meeting of the Council, stating the date~ time and place of such meeting, the streets, or other public and private areas affected~ the particular projects proposed, and the esti- mated cost of each project. Subd. (3) Hearing. At such hearing the Council shall hear property owners with reference to the scope and desirability of the pro- posed projects. The Council shall thereupon adopt a resolu- tion confirming the original projects with such modifica- tions as it considers desirable. The Council shall provide for the furnishing of such service by contract or in such other manner as it deems proper. 6.22 Records of Costs. The Clerk-Treasurer shall keep a record of the costs ,.. . f h I' h ' . 1 ,. or operat10n 0 t e street 19 t1ng system, 1nc u01ng clerical~ administrative and incidental costs, and the por- tion of the costs properly attributable to each lot and parcel of property benefited by the street lighting system~ 010166 oJ.. n whether or noc the property abuts on the street~ or other public or private area in which the system is located~ based .upon the benefits received. 6.23 Quarterly Billing. The Clerk-Treasurer shall, every three months, pre~ pare a bill based on the costs as determined pursuant to Section 6.22~ and mail it to the owner. Thereupon, the amolliLt billed shall be immediately due and payable at the office of the Clerk-Treasurer. All accounts shall be car- ried in the name of the owner. Upon request by the owner, the quarterly bill may be sent to the occupant of the premises served. 6.24 Assessment. On or before September first of each year the Clerk- ~reasurer shall list the total unpaid charges for the service against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges against property benefited as a special assessment for certification to the County Auditor for col- lection the following year with current taxes. OlOl6.o.c J. " 6.30 STREET CLEANING, STREET OBSTRUCTIONS A~ID }IDISANCES 6.31 C't"-eef- C,nr1n1rl"'pO' o _ \,.. t.,.; I .o:-":'\" ..5..._.;--,5 Flushing and Tree Care. Subd. (I) Council Resolution. The Council may~ from time to time~ determine by resolution: what streets and alleys shall be sprinkled, flushed or oiled, or given other dust treatment and the kind of work to be done on each; and the streets on which trees adjoining streets shall be trimmed and cared for, or removed if unsound, and the kind of work to be done on each. Subd. (2) Notice. Before any work is done pursuant to either of these resolutions, the Clerk-Treasurer shall publish notice that the Council will meet to consider such projects. Such notice shall be published at least once no less than ~]o weeks prior to such meeting of the Council and shall state the date, time, and place of such meeting, the streets affected, the particular projects proposed and the estimated cost of each project. Subd. (3) Hearing. At such hearing the Council shall hear property owners with reference to the scope and desirability of the proposed projects. The Council shall thereupon adopt a resolution confirming the original projects with such modifications as it considers desirable and shall provide for the doing of the work by day labor through the Street Maintenanceman, or by contract. Subd. (4) Record of Costs. The Street Maintenanceman shall keep a record of the cost and the portion of the cost properly attributable 010166 ~ n to each lot and parcel of property abutting on the street on which the work is done and shall report such informa- tion to the Clerk-Treasurer. Subd.(S) Quarterlv Billing and Assessments. The costs of said sprinkling, flushing and tree care projects shall be billed and/or assessed in the same manner as provided in Sections 6.23 and 6.24 for street lighting. 6.32 p~low, Ice, Dirt and Rubbish Removal. Subd. (1) Public Nuisance. All snow, ice, dirt and rubbish remaining on a public sidewalk more than 12 hours after its deposit thereon is a public nuisance. The owner and the oc- cupant of any property adjacent to a public sidewalk shall use due diligence to keep such walk safe for pedestrians, and shall not allow snow, ice, dirt or rubbish to remain on the walk longer than 12 hours after its deposit thereon. Subd. (2) Village Removal. The Street Maintenanceman shall remove from all public sidewalks all snow, ice, dirt, and rubbish as soon as possible beginning 12 hours after its deposit thereon or after the snow has ceased tofall. He shall keep a record showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such information to the Clerk-Treasurer. Subd. (3) Quarterly Billing and Assessments. The costs of said snov], ice, dirt or rubbish re- moval shall be billed and/or assessed in the same manner as provided in Sections 6.23 and 6.2L~ for street lighting. 010166 * 6.33 fenalt...:z.. Any person who maintains a nuisance in violation of Section 6.32(1) ane any person who interferes with a village employee or other authorized person in the performance of the provisions of Sections 6.30 through 6.32, is guilty of a misdemeanor, but a prosecution shall be brought for such violation only on the direc- tion of the Council. 010166 .';;,r " 6.40 VACATING STREETS .... "'m! 6 .L}l Petition. The majority of the owners of land abutting any street, public grounds or part thereof, may petition the Council for the same to be vacated. After such peti- tion, if it appears for the interest of the public to vacate said area, the Council shall designate a time and place for public hearing on the petition. Nothing herein shall prevent the Council from initiating such action without the filing of a petition. 6.42 Form and Fee. Petitioners shall complete ane submit to the Clerk- Treasurer written petition for vacation, together with a fee of $100, plus $lO for each lot or parcel abutting the area proposed to be vacated. In the event said vacation is denied the fee shall not be refunded. Such petition shall be duly signed by the petitioners and shall recite therein the name of the area proposed to be vacated, the legal description of their abutting property set forth next to their signatures and the nature of their interest in such abutting land. The Petitioners shall also furnish to the Village a current abstract or o~mers and incumbrancers certificate, together with the petition or within a reasonable time thereafter. 6.43 Notice of Hearing. After receipt of the abstract, the Village Attorney shall review it and the petition and make a report as to their sufficiency. Thereafter published notice shall be made of the public hearing to consider the vacating of the public street, public grounds or part thereof. Said notice shall set forth the time and place of such hearing, and the area proposed to be vacated. The Clerk-Treasurer 010166 * shall mail notice to the Minneapolis Gas Company, Northern States Power Company, Northwestern Bell Telephone Company, and both owners and occupants of the abutting property; but failure to mail notice or any defects in the mailed notice shall not invalidate the proceedings. 6.44 Resolution Vacating Street or Public Grounds. At the public hearing held pursuant to notice herein provided, if the Council determines that it is for the best interest of the public to vacate the public street, public grounds or part thereof, the Council may by a three-fifths vote of all the members thereof adopt a resolution vaca- ting said area. A notice of completion of such proceedings shall be filee with the Clerk-Treasurer. 010166 ~ A 6.50 UNCLAD~D PROPERTY 6.51 vfueTI Unclaimed Property may be Disposed of. imy personal property, ~xcept dogs) in the custody or possession of the Village which has been abandoned by the owner thereof or for which no owner has been found may be disposed of after said property has been so held by the Village for at least six months. The Village may dispose of perishable property prior to the expira- tion of said six months if said six months wait would result in a substantial reduction in the value of said property. 6.52 Method of Disposition. Subd. (1) Notice of Sale. After the expiration of said six months published notice of the sale of said property at public auction shall be given at least once, not less than three days before the date of the proposed sale. Said notice shall state: the time and place of said proposed sale; the property to be sold; and that said property will be sold to the highest bidder. Subd. (2) Conduct of Sale. Said sale may be conducted by the Clerk-Treasurer or by any other authorized employee of the Village but no property shall be delivered to the highest bidder until a payment in cash has been received therefor or if payment is made by check, until such check has been deposited in the general fund. Subd. (3) Terms of Sale. The Village shall not be liable in any manner for Ol0166 * the condition of any such property which is sold, and no warranty, express or implied, is authorized in connection with any such sale. 6.53 Former Owner may Receive Payment. The former owner may receive payment of the sale price upon application to the Clerk-Treasurer with satisfactory proof of former ownership within the six month period following said sale. The proceeds of the sale deposited in the general fund shall be subject only to the former owner's right to receive payment as herein provided. 010166 6.60 S T.R E E T .E X C A V A T'I 0 N 6.61 Definitions. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Subd. (1) Applicant. IlApplicant" is any person making written application to the Village Engineer for an excavation permit hereunder. Subd. (2) Engineer. i1Engineer" is the Village Engineer of the Village of New Hope, or his duly authorized agent. Subd. (3) Excavation Work. "Excavation work" is the excavation and other work permitted under an excavation permit and required to be performed under this Ordinance. Subd. (4) Permittee. "Permittee'l is any person who has been granted and has in full force and effect an excavation permit issued hereunder. 6.62 Excavation Permit. Subd. (1) Permit Required. It shall be unlawful for any person, other than authorized Yil1age employees to dig up, break, excavate, tunnel, drill, bore, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street, or to place, o 214 6 7 deposit or leave upon any street any earth or excavated material obstructing or tending to interfere with the free use of the street unless such person shall first have obtained an excavation permit therefor from the Engineer as herein provided. Subd. (2) Exception. No permit is required of the owner for gardening, sodding or tree planting otherwise allowed in the boulevard area adjacent to the paved portion of public streets or for gardening or sodding in areas where the easement is for underground purposes. 6.63 Application for Permit. No excavation permit shall be issued unless a written application for the issuance of an excavation permit, on forms provided for that purpose, is submitted to the Engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as maybe reasonably required by the Engineer. If required by the Engineer, the application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the Engineer. 6.64 Permit Fee. Upon approval of the application for the excavation permit by the Engineer, the applicant shall pay a fee of $15.00, to the Clerk-Treasurer to cover reasonable costs for the issuance of the excavation permit. 021467 6.65 Excavation Placard. The Engineer shall ppovide such permittee, at the time the permit is issued, a suitable placard which shall state the permittee's name, the permit number and the date of expiration. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the permit number or the date of expiration. 6.66 Surety Bond. Subd. (1) Requirements of Bond. Before an excavation permit is issued the applicant shall deposit with the Clerk-Treasurer a surety bond in the amount of $4,000, in favor of the Village. The required surety bond must be: (A) Surety Company. With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. (B) Attorney Approval. Satisfactory to the Village Attorney in form and substance. (C) Conditions of Bond. Conditioned that the applicant will faithfully comply with all the terms and conditions of this Ordinance; all rules, regulations and requirements pursuant thereto and as required by the Engineer and all reasonable requirements of the Engineer, including payment of the charge for street restoration work as set forth in the rules and regulations. 021467 (D) Hold Harmless. Conditioned that the applicant will secure and hold the Village and its officers harmless against any and all claims, judgments, or other costs arising from the excavation permit or for which the Village, the Councilor any Village Officer may be made liable by reason of any accident or ~njury to persons or property through the fault of the permittee. Subd. (2) Future Recovery. Recovery on such surety bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. Subd. (3) Suit Against Village. In the event of any suit or claim against the Village by reason of the negligence or default of the permittee, upon the Village giving written notice to the permittee of such suit or claim, any final judgment against the Village requiring it to pay ~0r such damage shall be conclusive upon the permittee and his surety. Subd. (4) Annual Bond. An annual bond may be given under this prov1s10n which shall remain in force for one year conditioned as above, in the amount specified herein and in other respects as specified herein but applicable as to all excavation work in streets by the permittee during the term of one year from said date. 6.67 Exemption from Surety Bond. The surety bond provisions of Section 6.66 above: 021467 Subd. (1) Plumbing and Street Excavation Bond. Shall be deemed complied with if the applicant has on fi~e with the Village a surety bond in force covering both plumbing and street excavation work, and Subd. (2) Public Utilities. Shall not apply to any public utility permitted to operate within the Village limits, by franchise or otherwise, for the purpose of supplying gas, electric or telephone service or of any excavation which is made under a contract awarded by the Village or made by the Village. 6.68 Engineer Regulations. All work done pursuant to an excavation permit issued under the provisions of this Ordinance shall be performed under the direction and to the satisfaction of the Engineer or his duly authorized agent. i The Engineer shall prepare such regulations with respect to excavations within any street,and shall modify them with respect to particular work, as the Engineer shall deem necessary or advisable to protect the public from injury, to prevent damage to public or private property, and to minimize inter- ference with the public use of the streets. Regulations promulgated by the Engineer shall be approved by the Council after notice of hearing and a; copy]'of said regulations shall be given to each permittee upon issuance of the street excavation permit. 021467 Regulations promulgated by the Engineer may include, but are not restricted to include the following: Subd. (1) Notification of Public Utilities. Requirement that all public utilities be notified by the permittee of permitteeis intent to make a street excavation giving notice of time, place and purpose of such excavation. Subd. (2) Determination of Location and Depth of Underground Facilities. Requirement that the permittee shall have the duty of determining the location and depth of all existing underground facilities. Subd. (3) Backfilling. Manner and method of backfilling street excavation and procedure to be followed in compacting back-filled material. Subd. (4) Material Specifications. Specifications as to material to be used in backfilling street excavation. Subd. (5) Safeguards of Properties--Facilities. Manner and method of making street excavation including procedure to safeguard and protect adjoining and adjacent property and existing underground and above ground facilities. 021467 Subd. (6) Restoration of Streets. Requirements for restoration of street surfaces. Subd. (7) Franchised Utilities. Special provisions shall be made for simplifying procedures and supervision in respect to excavations by franchised utilities. 6.69 Emergency Action. In the event of any emergency in which a main~ conduit, or utility facility in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such main, conduit, or utility facility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Engineer's Office is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder. 6.71 Non-Completion or Abandonment. '{.lork shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenience to the general public. In the event that the work shall not be performed in accordance with the applicable regulations of the Engineer or in accordance with the provisions of this Ordinance, or shall cease or be abandoned without due cause, the Village may, after six hours' notice in writing to the holder of said permit of intent to do so, correct said work or fill the excavation, and repair the street, and in such event the entire cost to the Village of such work shall be a liability of and shall be paid by the person to whom the permit was issued and his surety. 021467 6.72 Insurance. A permittee, prior to the commencement of excavation work hereunder, shall furnish the Engineer satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $lOO,OOO, for anyone person and $300,000, for anyone accident and property damage insurance of not less than $50,000, duly issued by an insurance company authorized to do business in the State of Minnesota and on which policy the Village is name as a co-insured. 6.73 Indemnification. The permittee shall indemnify, keep and hold the Village free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee's negligence in making any street excavation. In the event that suit shall be brought against the Village, either independently or jointly with the permittee on account thereof, the permittee, upon notice to it by the Village, shall defend the Village in any suit at the cost of the permittee, and in the event of a final judgment begin obtained against the Village, either independently or jointly with the permittee, the permittee shall pay such judgment with all costs and hold the Village harmless therefrom. 6.74 Exemption from Fee Payment and Insurance Provisions. The provisions of this Ordinance requiring payment of a permit fee and evidence of public liability and property damage insurance shall not be applicable to any excavation work carried on by the Village or its employees, and utilities operating gas, electric or telephone facilities within the Village. 021467 6.75 Refusal of Permits. If any person shall fail, refuse or neglect to comply with the provisions of this Ordinance, or any rules or regulations of the Engineer, or any reasonable orders or directions of the Engineer in reference thereto, the Engineer may refuse to issue further permits to such person until such conditions or orders are complied with. 6.76 Penalty. Any person violating any of the prOV1S10ns of this Ordinance shall be deemed guilty of a misdemeanor. In the event that any person shall make an excavation in any street of the Village without obtaining a permit therefor, the fee for such permit shall be doubled, in addition to the other penalties provided in the Ordinance. 021467 6.80 BOA TIN G 0 N PAR K W ATE R S. 6.81 Definitions. Whenever used in the Ordinance and unless otherwise distinctly expressed, the following words and phrases shall have the meaning set out herein: Subd. (1) Boat. "Boatii means boat, canoe, speedboat, hydroplane, float, raft or watercraft. Subd. (2) Park Waters. "Park Watersll means lakes, streams, canals, channels or beaches therein which are owned, dedicated, leased or otherwise acquired by the Village or under the control of the Village. 6.82 Power Boating Prohibited. No person shall place, have, or use any motorboat or any other boat mechanically propelled by an internal combustion engine, jet propulsion engine, or other similar means of power propulsion on any park waters situated within the Village. 021467 C HAP T E R 7 ANIMALS 7.00 DOG L ICE N SIN G 7.01 Definitions. The following words and phrases when used in this Ordinance shall have the meanings as set out herein: Subd. (1) Dog. 11Dog" shall mean both male and female. Subd. (2) Gwner. "Owner" shall mean any person owning, keeping or harboring a dog. Subd. (3) At Large. l'At Large" shall mean off the premises of the owner, and not under the control of the owner or member of his immediate family either by a leash, cord, or chain or othervJise. Subd. (4) Village Veterinarian, "Village Veterinarian" shall be a Doctor of Veterinary Medicine appointed by the Council to perform such duties relating to animals within the Village and at such pay as sfua1lli be established or approved by the Council. 7.02 License and Registration. All dogs kept, harbored or maintained by their owners in the Village shall be licensed and registered if over six months of age. Dog licenses shall be issued by the Clerk-Treasurer upon payment of a license fee of $2.00 for each male or spayed female, and $3.00 for each unspayed female and upon receipt by the Clerk-Treasurer of a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with Section 7.08. Such licenses shall be for the whole or unexpired portion of the year in which the same is issued and shall ~xpire on December 31st following. Dog licenses shall be 042567 issued free of charge as to ~ogs properly trained to assist blind persons and actually used for the blind persons for the purpose of aiding them in going from place t9 place. The license provided for herein shall be obtained not later than February 1st of the license year. The sale or transfer of any licensed dog shall carry with it and transfer to the new owner ~he license. 7.03 Tag and Collar. Upon payment of the license fee, the Clerk-Treasurer shall provide and furnish for each licensed dog, a metallic tag upon which there shall be stamped or engraved the registered number of the dog, the words i1New Hope", and the year when licensed. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly WOrB. In case a dog tag is lost or destroyed, a duplicate or new tag will be issued by the Clerk-Treasurer upon proof that such dog was licensed, am the payment of $ .25 for such duplicate. Dog tags shall not be transferrable from one dog to another and YODonl1efumds.lshal,1 be made on any dog license fee because of death of the dog or the owner I s leaving the Village before expiration of the license. 7.04 Running at Large. No owner or keeper of dogs shall permit such dog to run at large within the limits of the Village, other than on premises owned by or rented by the owner. 7.05 icImpounding/ Subd. (I) When Impounded. It shall be the duty of the poundmaster and every police officer to apprehend any dog found unlicensed, or any dog running at large contrary to Section 7.04, and to impound such dog at the Village Pound or other suitable place. 042567 Subd. (2) Notice. Notice of impounding shall be given to the owner of the dog. In case the owner is unknown, written notice shall be posted at the Village Hall. If the dog is not reclaimed within five days of the postmng of the notice, it will be sold or killed. The notice of impounding shall be in substantially the foll~wing form: NOTICE OF IMPOUNDING DOG Date 19 TO WHOM IT MAY CONCERN: I have this day impounded Village at a dog answering SEX in the pound of the to the following description: COLOR BREED ESTIMATED AGE NOTICE IS HEREBY GIVEN, that and redeemed on or before on the day of will be sold, killed or otherwise by 6rdinanoe.", unless such dog is claimed o'clock 19 the same disposed of as provided m. Signed: Poundmaster (or Poundkeeper) Subd. ( 3) Reclaiming Dog and Fees. The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid~ the impounding fee and the boarding charges specified herein. The impounding fee shall be $7.50. The boarding fee shall be $1.501per day or any portion thereof for '(3.nycdogc-heldi.'ao/:-the pound. In the event the impounded dog has not been vaccinated for rabies, and evidence thereof is not presented to the Poundmaster as provided in Section.7.r08~3the Poundmaster may accept a deposit of $10.00 in cash, in addition to the other charges provided for herein, and the dog s ha II be released t.to the person 042567 claiming the dog as owner 0 The $10.00 deposit shall be released to the owner by cash or check if a certificate of vaccination is presented within 30 days after the $IO.OO deposit is made. The Poundmaster shall issue numbered, dated receipts for all payments, including the $IO.OO deposit. The Poundmaster shall withhold delivery of the license for the dog until the v.aeQ-:tnatiotLce:t:t€ificate,_is ; p:r::esented:,to him.. . Unclaimed licenses and unclaimed $10.00 deposits shall be turned over to the Village within 30 days after the expiration of the 30-day deposit periodo No deposits, or any portion thereof, shall be refunded by either the Poundmaster or the Village after 30 days from the date of the deposit, and such deposits shall be forfeited to the Village. 7.06 Disposition of Unclaimed or Infected Dogs. Any dog impounded shall be kept for at least five days unless sooner reclaimed by the owner as provided above 0 If the(dq~shall not have been redeemed at such time it may be disposed of i:hi-the following manner: Subd. (1) Destroyed or Sold. The dog may be destroyed or sold, provided that such dog shall not be sold for less than the aggregate amount provided in Section 7705 (3). All dogs which appear in the judgment of the Village Health Officer or in the judgment of the Village Veterinarian to be suffering from r abies or affected with hydrophobia, shall not be released but shall be killed by the poundkeeper and such disposition of the remains as shall be directed by the Village Veterinarian. Subd. (2) Use for Scientific Purposes. Whenever any licensed educationaill'or scientific institution under Minnesota Statues, Section 35.71, shall request the Poundkeeper for permission to use, for research purposes any impounded dog or dogs, any impounded dog or dogs remaining unclaimed shall be surrendered to such institution. 042567 7.07 Confinement of Certain Dogs, No dgg of fierce, dangerous or v~c~ous propensities shall be allowed to run at large or on the premises or one other than the owner. Any dog which has bitten a person within 60 days preceeding impoundment or other disp~ition hereunder shall for purposes of this ordinance, be considered a gog of fierce, dangerous or vicious propensities. If any dangerous, fierce, or vicious dogs so found at large cannot be safely taken up and impounded, such dog may be slain by the poundmaster or any policeman. 7.08 Rabies Vaccination. No license shall be granted for a dog which has not been vaccinated for rabies with a modified live virus type of vaccine wfuthin 26 months prior to December 31st of the year for which the license is applied, or with a kil~ed virus vaccine within 13 months prior to December 31st of the year for which the license is ?pplied. A certificate of vaccination or other statement to the same effect executed by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated shall be prima facie proof of the required vaccination. 7.09 Muzzling Proclamation. Whenever the prevalence of hydrophobia or rabies render such action necessary, to protect the public health and safety, the mayor may issue a proclamation ordering every person owning or keeping a dog to confine it secure~ on his premises unless it is mu~zled so that it connot bite. No person shall violate such proclamation and any unmuzzled dog running at large during the time fixed in the proclamation shall be killed by the poundmaster or any police officer, without notice to the owner. 042567 7.11 Biting Dogs. Whenever any person owning, possessing or harboring any dog within the corporate limits of the Village shall learn that such dog has bitten any human being such person shall immediately impound s~id dog in a place of confinement where it cannot escape or have access to any human being or other animal and shall also immediately notify the Chief of Police. Whenever the Chief of Police shall learn that any human being has been bitten by any dog within the Village, he shall ascertain the identity of such dogs and the person JowmLqg, possessing or harboring it and shall immediately direct such personssto forthwith impound such dog as herein required. Any dog so impounded shall be kept continuously so confined for a period of fourteen days from the day the dog bit a human being. Upon learning that a dog has bitten a human being, the Chief of Police shall immediately notify the Village Health Officer and inform him of the place where the dog is impounded. It shall be the duty of the Village Health Officer to inspect or cause to be inspected by the Village Veterinarian said dog from time to time during its period of fourteen days confinement and to determine whether such dog is infected with rabies. For this purpose he shall have access to the premises where such dog is kept at all reasonable hours and may take possession of the dog and confine it in the Village dogpound or other suitable place at the expense of the owner. The owner or person in possession or harboring such dog shall immediately no notify the Village Health Officer of any evidence of sickness or disease in aog during its period of confinement and shall promptly deliver its carcass to the Village Health Officer in case of its death during said perilldd. No dog which has bitten a human being shall be released from impounding until authorized to do so in writing by the Village Veterinarian or by the Police Department. 7.12 Establishment of Village Pound. The Animal Rescue League of Hennepin County is hereby designated as the Village Pound for the purpose of placing this ordinance in effect. The director of said league shall be deemed the Poundkeeper, and the chief of police shall be be deemed Poundmaster. The Village;:Pound, Village Poundkeeper or Poundmaster may hereafter be changed by resolution of the Council. 042567 7.13 Records. The Poundmaster shall keep an account of dogs impounded at the Village Pound, and of their disposition. He shall turn over such accounts to theCClei:k-Treasurer from time to time, or upon request of the Clerk-Treasurer ot Village Manager. 7.14 Penalty Any owner found violating any provision of this ordinance shall be guilty of a misdemeanor. 042567 7.20 DOG KEN N E L SAN DCA T SHE L T E R S 7.21 Definitions. ~hedfoll6wing words and phrases when used in this ordinance shall have the meanings as set out herein: Subd. (1) Dog. "Dqg" shall be intended to mean both male and female. Subd. (2) Kennel. "Kennel" shall be intended to mean any place where four or more dogs over six months of age are kept or offered for sale; Subd. (3) Cat. lICat" shall be intended to mean both male and female; Subd. (4) Cat Shelter. "Cat Shelter" shall be interided to mean any place where four or more cats over six months of age are kept or offered for sale. 7.22 Licenses for Kennel and Cat Shelter. Subd. (1) Kennel License. No person shall maintain or operate any kennel without a kennel license. In no event shall kennel licenses be issued unless the property wherein the kennel is to be situated is zoned GB General Business District under' Section 4.106 of the Zoning Ordinance. 102766 Subd. (2) Cat Shelter License. No person shall maintain or operate any cat shelter without a cat shelter license. In no event shall cat shelter licenses be issued unless the property wherein the ;cateshelte1:J ~s tdltbet::.sd!tmated, is ~€}nednGBt.tGenercH:,":, Business District under Sectio~ 4.106 of the Zoning Ordinance. 7.23 Application. Applications for a kennel or cat shelter license shall be made upon forms provided by the Village. Any applicant for a dog kennel license shall in addition to paying the license fee, present to the office of the Clerk-Treasurer satisfactory proof that the dogs have received vaccination for rabies within 12 months previous to the application, with Rabies Vaccine, modified Live Virus type, or within 3 months previous to the application with Rabies Vaccine, Killed Virus type. All dogs kept in kennels shall prompply be vaccinated. 7.24 License Fees. The license fee for a qog kennel license shall be $50.00 per year. Such license fee shall be in addition to the fees payable for individual licenses for dogs kept inr the kennel. The license fee for a cat shelter license shall be $50.00 per year. 7.25 License Expiration. Each license shall expire on December 31, next following the issuance of the license. 7.26 Transferability of License. Kennel licenses and cat shelter licenses shall apply solely to the named licensee and shall not be transferable to any other person. 102766 7.27 Number. The maximum number of dogs permitted by this ordinance to be kept in a licensed kennel shall be ten, and the maximum number of cats permitted by this ordinance to be kept in a licensed cat shelter shall he ten. 7.28 Standards for Kennel Operation. Every kennel shall: Subd. (1) Fenced. Be enclosed or fenced in such manner so as to prevent the running at large or escape of dogs confined therein; Subd. (2) Clean. Be operated in a clean, heal~nfu4 sanitary, safe condition and humane manner; Subd. (3) Enclosed Building. Keep dogs between the hours of sunset and sunrise in an enclosed building; Subd. (4) Shelter and Bedding. When a dog or dogs are kept in an unheated building provide such dog or dogs with shelter and bedding as prescribed herein as a minimum; (a) Such building shall include a moisture-proof and wind-proof structure of suitable size to accommodate the dog and allow retention of body heat, made of durable material, wath a solid floor raised at least two inches from the ground and with the entrance covered by a flexible wind-proof material or a self-closing swinging door. Such building shall be provided with a sufficient quantity of suitable bedding material, consisting of hay, straw, cedar shavings, blankets, or the equivalent, . to provide insulation and protection against cold and dampness and promote retention of body heat. 102766 (b) Shade from the direct rays of the sun, during the months of June to September, inclusive, shall be provided. Subd. (5) Prevention of Disturbing the Peace. Be cared for, maintained and handled in a manner which shall prevent noises, barking, fighting, or howling so as to disturb the peace and quiet of the neighborhood; Subd. (6) Prevention of Public Nuisance. Be operated so as not to create a public nuisance. Failure to operate the licensed kennel as provided hereunder shall constitute grounds for revocation of the license of such kennel. The determination by the Council as to the manner of operati on of any kennel in relation to any of the said matters shall be presumptive proof thereof. . 7.29 Standards for Cat Shelter Operation. Every cat shelter shall: Subd. (I) Fenced. Be enclosed or fenced in such manner so as to prevent the running at large or escape of cats confined, therein;' Subd. (2) Clean. Be operated in a clean, healthful, sanitary, safe condition and humane manner; Subd. (3) Enclosed Building. Keep cats between the hours of sunset and sunrise in an enclosed building; Subd. (4) Prevention of Disturbing the Peace, Be cared for, maintained and handled in a manner which shall prevent noises, fighting or howling so as to disturb the peace and quiet of the neighborhood; 102766 Subd. (5) Prevention of Public Nuisance. Be operated so as not to create a public nuisance. Failure to operate the licensed cat shelter as provided hereunder shall constitute grounds for revocation of the license of such cat shelter. The determination by the Council as to the manner of operation of any cat shelter in relation to any of said matte~ shall be presumptive proof thereof. 7.31 Kennel and Cat Shelter Control. Both kennels and cat shelters shall be open for inspection by the Village authorities at any time. 7.32 Unlawful Acts. It shall be unlawful for any person to: Subd. (1) Four dogs without kennel license. Own or keep four or more dogs over six months of age on his premises in the Village without obtaining a kennel license pursuant to this ordinance; or Subd. (2) Ten dogs. Own or keep more than 10 dogs on his premises in the Village; or Subd. (3) Four cats without cat shelter license. Own or keep four or more cats over six months of age on his premises in the Village.. without obtaining a cat shelter license pursuant to this ordinance; or Subd. (4) Ten cats. Own or keep more than ten cats on his premises in the Village; or 102766 Subd. (5) Violation of Standards. Violate any of the prOVlSlons of Sections 7.28 or 7.29 of this Ordinance. 7.33 Pehalty. Violation of any of the provisions of this Ordinance shall be a misdemeanor. 1021,66 7.40 A N I MAL S RUN N IN GAT L A R G E 7.41 Prohibition of Animals Running at Large. No person shall permit or allow his cattle, horses, mules, sheep, goats or swine, or any poultry, turkeys, chickens, ducks, or geese to run at large whether attended or unattended, within the Village upon Village public or private property except upon the lands of the owner or lands of others from whom the right has been obtained, nor to be herded or pastured in or upon any street of the Village, nor to be permitted to graze or feed in said streets nor to do damage to property. 7.42 Herding of Animals. The owner or person in charge of such animals, or poultry or any of them, shall not permit of suffer such animals or poultry or any of them while they are be~ng driven on to the lands where they are to be herded as aforesaid, or while they are being so herded, to do any damage to property belonging to another, contrary to the provisions of this Ordinance. 050858 .Lo " CHAPTER 8 BUSINESS AND A~illSE~mNT REGULATION AND LICENSING 010166 * 8.00 LICENSE~PROCEDURE 8.01 Application. The provisions and procedures set forth in Sections 8.00 through 8.08 shall be applicable to all licenses re- quired in Sections 8.10, 8.20, 8.60, 8.70~ 8.80 and 8.90. 8.02 Application for License. Application for license shall be made to the Council in writing. The application shall state the name and address of the applicant, the names and addresses of all officers of a corporate applicant, the address or location in which he proposes to conduct the subject of the license, and the nature of the business to be conducted. 8.03 Issuance of License. All licenses granted by the Council after application shall be issued by the Clerk-Treasurer upon payment by the licensee of the particular license fee involved. 8.04 License Term. All licenses shall expire on the last day of December next succeeding the issuance of the same, unless sooner revoked or forfeited. 8.05 License Fee. When any application is made for a license between July 1st and December 31st of any license year, for a license to be effective during any part of the same period the fee shall be 1/2 of the regular license fee. No re- fund shall be made on any license fee where the license is not used, revoked or forfeited before the end of the license term. 010166 * 8.06 Revocation. The Council may revoke any license obtained through error or fraud, or for violation of any of the terms of said license, or for violation of any of the provisions of the section of this Code under which the license was granted. Licenses may also be revoked for conducting such license activity in such a manner as to constitute a breach of the peace~ or a menace to the health, safety or welfare of the public or disturbance of the peace or comfort of the residents of the Village. The Licensee shall be entitled to a hearing before the Council for such revocation, if he files a written request for such hear- ing with the Clerk-Treasurer within five (5) days after notice of such revocation. 8.07 Transfer. No transfer of any license shall be made except by and with the consent of the Council upon written applica- tion for such transfer~ signed by the transferee. 8.08 Responsibility. The conduct of the agents and employees of a person to whom any such license is issued shall be deemed the conduct of such person themselves. 010166 .t. " 8.l0 F 0 0 D H AND L I N G 3.11 License Required. No person shall conduct or operate in the Village any establishment ror the selling~ serving, preparing, distributing, packaging, manufacturing, or in any other way dealing with food or food products intended for, or capable of, human consumption by the general public~ without first obtaining a license therefor as provided in Sections 13.00 through 8. OD , No person shall operate any vehicle for the delivery of food or food products to any residence or dwelling within the Village without first obtaining a license therefor. Food products shall include ice. A person who sahlI sell or peddle the products of the farm or garden occupied or culti- vated by him shall be exempted from the requirements of this Section. 8.12 License Fees. The license fee shall be as follows: Subd. (1) Soda Fountain. $10.00 for each establishment for operation of a soda fountain~ or similar establishment where beverages of a non-alcoholic nature, and ice cream products are served for consumption on the li- censed premises. Subd. (2) Food Vehicles. $10.00 for each vehicle used for delivery or sale of food or food products to any residence or dwelling within the Village~ such as, but not lim- ited to, bread trucks, milk trucks and popcorn trucks. 010166 .... " Subd. (3) Packaged Goods. $5.00 for each establishment for the sale of soft d:rir,j:s, candies ~ ice cream, snacks and like products where the same are packaged before de- livery to the licensed premises and are offered for sale by the licensee in the original package only. c;n'o"",c1. (!.~). ' ~-... . Ice. $5.00 for each machine or establishment for the sale of ice. Subd. (5) Retail Stores. $10.00 for each establishment for the retail sale of food or food products which are not pre- pared and served on the licensed premises which is not provided for in Subdivision (1) through (4) . Subd. (6) Restaurants and Miscellaneous. $20.00 for each establishment for the prep- aration and serving of food to the public and not provided for in Subdivisions (1) through (5). 8.13 Regulations. The licensee shall be responsible for the enforce- ment of the following regulations and a violation there- of by any person on the licensed premises shall constitute a violation by the licensee: Subd. (1) Care of. Premises. All licensed establishments and vehicles shall at all times be kept in a clean and sanitary con- dition and shall at all times be furnished and equipped with such fixtures, instruments and devices as are necess~ry to so maintain the same throughout the licensed period. 010166 * Subd. (2) Persons Handling Food. All persons employed in or permitted to handle food products before delivery to the pub- lic shall keep themselves and their clothing in a neat, clean and sanitary condition at all times while on the licensed premises and free of any in- fectious or contagious disease. 8.1L;. Inspection. The Council shall cause all such establishments licensed for the preparation and serving of food to the public to be inspected at least twice each year and all other licensed establishments and vehicles to be inspected at least once each year. The Village or its authorized officials shall at all times have the right to enter upon and inspect any and all food handling establishments or vehicles falling within the provisions of this ordi- nance. Each establishment as described in Section 8.11 herein shall display the license issued to the estab- lishment in such a manner that the license shall be plainly visible. The license for each vehicle described in Section 8.11 herein shall be carried on the vehicle at any time the vehicle operates "Jithin the Village bounda- ries, and the license shall be promptly displayed to any Village official or policeman upon demand. 010166 * 8.20 0 I LAN D GAS 0 L I N E 8021 -L-_;cer_~p ?pnu'~ed - ..... - -.'--:-! .....!..- . No person shall~ (1) Engage in the business of operating, maintaining, conducting or keeping any gasoline or oil filling station or both, or any wholesale oil or gasoline storage plant in the Village; or (2) Keep, maintain or operate a gasoline pump or other gasoline dispensing device in the Village; without first obtaining a license therefor in accordance with Sections 8.00 through 8.08. 8.22 Inspection. Before the~license is granted~ and any other time during the term of the license, inspection of the prem- ises may be made to determine that the premises and the equipment for dispensing the products to be sold are adequate and safe for the conduct of the business. 8.23 Fees. The annual license fee for such licenses shall be as follows: Subd. (1) Gasoline Station: $10.00 for each license for gasoline and/or oil station. Subd. (2) Gasoline Pumps at Gasoline Station. $5.00 additional for each gaso1ine~ diesel, propane or other fuel pump in excess of one at each station. 010166 .Lo " Subd. (3) Gasoline Pumps Not Dispensed to Public. $5.00 for the first gasoline pump or dispens- ing device, when operated, maintained or kept for the dispensing of gasoline used in operation of a single business or enterprise and not offered for sale to the public. A pump shall be defined as a device or machine that transfers gasoline through one distributional-service-outlet. If the pump has more than one distributional-service-outlet, each such outlet shall be considered aD additional pump. Subd.. (l~.) G2s01ine Storage Plant. $25.00 per year for each license for a whole- sale or gasoline storage plant. 8.24 Safety Precautions. No licensee or other person in charge of or operat- ing any such gasoline filling station in the Village shall fill or allow to be filled with gasoline the tank or tanks of any motor vehicle of any kind whatever while the engine or motor of such motor vehicle is running or in motion and no owner or other person driving or in charge of any such motor vehicle shall fill or allow or cause the tank of the same to be filled with gasoline while the engine or motor of such vehicle is running. 010166 ~ h 8.40 TAXICABS AND TAXICAB DRIVERS. 8.41 Definitions. The following words and phrases when used in Sec- tion 8040 through 8.49 have the meanings as set out herein: Subd. (1) Taxicab. Taxicab means a motor vehicle regularly en- gaged in the business of carrying passengers for hire, having a seating capacity of less than ten persons and not operated on a fixed route. Subd. (2) Certificate. Certificate means a certificate of public con- venience and necessity issued by the Council auth- orizing the holder thereof to conduct a taxicab business in the Village. Subd. (3) Holder. Holder means a person to whom a certificate of public convenience and necessity has been issued. Subd. (4) Call Box Stand. Call box stand means a place alongside a street, or elsewhere when the Council has authorized a holder of a certificate to install a telephone or call box for the taking of calls and the dispatching of taxicabs. Subd. (5) Open Stand. Open stand means a public place alongside the curb of a street or elsehwere in the Village which has been designated by the Council as reserved ex- clusively for the use of taxicabs. 010166 "k Subd. (6) Waiting Time. Waiting time means the time when a taxicab lS not in motion from the time of acceptance of a passenger or passengers to the time or dis- charge, but does not include any time that the J. "" 1-" . 0 J:-O ord t caXlcau lS DOC l.TI mOLl.On 1.r ue -0 any cause other than the request~ act or rault of a passenger or passengers. Subd. (7) Ta:::dmeter. Taximeter means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. Subd. (8) Drivers License. Drivers license means the permission granted by the Council to a person to drive a taxicab upon the streets of the Village. 8.42 Certificate of Public Convenience and Necessity. Subd. (1) Certificate Requiredo No person shall operate ~r permit a taxicab mvned or controlled by him to be operated as a vehicle for hire upon the streets of the Village without having first obtained a certificate of '10 0 .:1 ..,. -I. C 01 puo l.C conver:1.ence anL' necess1."cy rrom "Cue ounCl. Provided, however, that any taxicab licensed to operate in any other municipality of this state may carry passeDgers from said municipality to any place or point within the Village and may receive passengers for carriage to such municipality where so licensed, but o~mers and drivers of such 010166 * vehicles shall not be permitted to solicit busi- ness in the Village or otherwise operate a taxi- cab on the streets of the Village without ob- taining a certificate from the Council. Subd. (2) Application for Certificate. An application for a certificate shall be filed with the Clerk-Treasurer upon forms pro- vided by him; and said application shall be veri- fied under oath aDd shall furnish the following information: (a) The name and address of the applicant. (b) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments. (c) The experience of the applicant in the transportation of passengers. (d) The number of vehicles to be operated or controlled by the applicant and the location of proposed open stands and call box stands. (e) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. (f) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. (g) Such further information as the Council may require. 010166 _I- " Subd. (3) Public Hearing. Upon filing an application~ the Council may, at its option, fix a time and place for a public hearing thereon. Subd. (l:.) License Fee. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of $10.00 each year for each vehicle operated under a certificate. Said license fees shall be for the calendar year and shall be in addition to any other license fees or charges es- tablished by proper authority and applicable to said holder or the vehicle or vehicles under his opera- tion and control. ,..., -., (...) ;JUDO. ::; Liability Insurance. No certificate shall be issued or continued in operation unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the State of Minnesota for each vehicle authorized in the amount of $50,000.00 for bodily injury to anyone person; in the amount of $100,000.00 for injuries to more than one person which are sustained in the same accident, and $10,000.00 for property damage re- sulting from anyone accident. Said policy or certificate of the insurer showing issuance of the policy shall be filed in the office of the Clerk- Treasurer. Subd. (6) Issuance of Certificate. If the Council finds that further taxicab service in the Village is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public 010166 * transportation and to conform to the prOV~Slons of this ordinance and the r~les promulgated by the Council the Council shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; othenvise~ the application shall be denied. In making the above findings, the Council shall take into consideration the number of taxicabs al- ready in operation, whether existing transportation is adequate to meet the public need~ the probable effect of increased service on local traffic con- ditions, and the character, experience and re- sponsibility of the applicant. 8.43 Transfers, Revocation of Certificate. Subd. (1) Transfer. No certificate may be sold, assigned, mortgaged or otherwise transferred without the consent of the Council. Subd. (2) Suspension or Revocation. A certificate issued under the provisions of this Section may be permanently revoked or suspended for a term by the Council if the holder thereof has: (a) violated any of the provisions of this Code, Section 8.40, (b) discontinued operations for more than sixty de_ys, (c) violated any sections of this Code or the laws of the United States or the State of Minnesota, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. 010166 ~ " Prior to suspension or revocation, notice and hearing shall be given in accordance with Section 8.06. 8.44 Taxicab Driver - License. Subd. (1) License Required. No person shall operate or permit a taxicab mvned or controlled by him to be operated as a vehicle for hire upon the streets of the Village unless the driver of said taxicab shall have first obtained and shall have then in force a taxicab driver's license issued under the pro- visions of this section. Provided, however, that any taxicab driver licensed to operate in any other municipality of this state may carry passen- gers from said municipality where so licensed to any place or point within the Village and may re- ceive passengers for carriage to such municipality where so licensed, but mvners and drivers of such vehicles shall not be permitted to solicit busi- ness in the Village~ or otherwise operate a taxi- cab on the streets of the Village, without being licensed under the provisions of this section. Subd. (2) Application. An application for a taxicab driver's license shall be filed with the Clerk-Treasurer on forms provided by him; and such application shall be verified under oath and shall contain the follow- ing information: . . (a) The names and addresses of four residents of Hennepin County who have kno\vn the applicant for a period of five years and who will vouch for the sobriety, honesty and general good character of the applicant. 010166 ':k (b) The experience of the applicant in the transportation of passengers. (c) The educational background of the applicant. (d) A concise history of his employment. (e) A small photograph of the applicant suit- able for attaching to license. Each application shall be accompanied by a certificate from a reputable physician of Hennepin County certifying that, in his opinion, the appli- cant is not afflicted with any disease or infirm- ity \vhich might make him an unsafe or unsatisfactory driver. Subd. (3) License Fee. The license fee shall be $3.00, which shall be paid to the Clerk-Treasurer upon application. Subd. (4) Chauffeur's License. Before any applicant is finally passed upon by the Council the applicant shall be required to show that he has a current Minnesota chauffeurfs license. Subd. (5) Traffic and Police Record. The Police Department shall conduct an in- vestigation of each applicant and a report of such investigation and a copy of the traffic and police record of the applicant~ if any, shall be attached to the application for consideration by the Council. 010166 7~ Subd. (6) Issuance of License and Termo Upon approval of an application by the Coun- cil, the Clerk-Treasurer shall issue a license to the applicant which shall bear the name, address~ age, signature and photograph of the applicant. Such license shall be in effect for the remainder of the calendar year. A license for every calen- dar year thereafter shall be issued upon the pay- ment of the license fee unless the license for the preceding year has been revoked. Subd. (7) Display of License. Every driver licensed under this ordinance shall poet his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicabo Subd. (8) Suspension or Revocation. A license or certificate issued under the provisions of this ordinance may be permanently revoked or suspended for a term of 30 days or more by the Council if the holder thereof has: (a) violated any of the provisions of Sec- tions 8.40 through 8.48; or (b) violated any sections of this Code, or the laws of the United States or the State of Minnesota, the violations of which reflect unfavorably on the fit= ness of the holder to drive taxicabs in the Villageo Prior to suspension or revocation, notice and hearing shall be given in accordance with Section 8.06. 010166 ~ n 8.45 Taxicabs. Subd. (1) Inspection. The Council shall cause the Chief of Police or some other employee on behalf of the Village thoroughly and carefully to examine each taxicab before a license is granted to operate the same. It shall be a continuing requirement for such licenses that each taxicab licensed thereunder: (a) Be in a thoroughly safe condition for the transportation of passengers. (c) Be clean on the interior and exterior and of good appearance, and well painted and varnished. Such other examinations and tests of licensed taxicabs may be ordered by the Council from time to time as it may deem advisable and the Police Depart- ment shall maintain a constant vigilance to see that all taxicabs are kept in fitness for public service. Subd. (2) Identification. Every taxicab which shall solicit or accept business on the streets of this municipality, or stand, or wait for hire shall have some designation of the character of the vehicle painted in plain visible letters on each side thereof. Subd. (3) Taximeters. All taxicabs operated under the authority of this ordinance shall be equipped with taximeters fastened in front of the passengers, visible to 010166 * them at all times day ana night; and, after sundovm, the face of the taximeter shall be illuminated. Said taximeter shall be op- erated mechanically by a mechanism of standard design and construction~ driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipu- lated, would affect their correct reading and recording. Each taximeter shall have thereon a flap to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of such taximeter into a non-recording position at the termination of each trip. The said taximeters shall be subject to inspection from time to time, by the Police Department. Any inspector or other officer of said depart- ment is hereby authorized either on complaint of any person or without such complaint, to inspect any meter and, upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept off the streets until the taximeter is repaired and in the required working condition. Subd. (4) Rate Card. Every taxicab operated under this ordinance shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengersQ Rates charged may not exceed taxicab rates which are unlawful in the City of Minneapolis. 010166 oJ. " 8.46 Taxicab Stands. Subd. (1) Open Stands. (a) Establist~ent: The Council may establish open stands in such place or places upon the streets of the Village as it deems necessary for the use of taxicabs operated in the Village. (b) Use: OpeD stands shall be used by the differ- ent drivers on a first come first served basis. The driver shall pull on to the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs; they shall not solicit passengers; or, engage in loud or boisterous talk while at an open stand. Nothing in this subdivision shall be con- strued as preventing a passenger from boarding the cab of his choice that is parked at open stands. Subd. (2) Call Box Stands. (a) Establishment: The Council may establish call box stands upon the streets of the Village in such places as it deems proper. A holder de- siring to establish a call box stand shall make written application to the Council. The applicant must attach to the applica- tion the written approval of the abutting property o~mers of said space, consenting 010166 * the creation of such stand. Upon filing of the application the Police Department shall make an investigation of the traffic conditions at said place and shall thereafter file their written recommenda- tion to the Council. The Council shall then either grant or refuse the applica- tion. When a call box stand has been established as herein provided, it shall be used solely by the holder to whom the same,was granted and his agents and ser- vants and no other holder shall be per- mitted to use the same. (b) Use: A holder operating a call box stand as pro- v~ed for in this subdivision shall be allowed to have on duty at such stand~ a starter, or other employee, for the pur- pose of assisting in the loading of passen- gers from cabs~ for receiving calls and do ," b d'" " 0 0 ~spa~cnLng ca s~ an \ Ior so~~c~t~ng passen- gers at such stand. The words Hat such stand" shall mean that part of the sidewalk immediately adjacent to and of equal length with such call box stand. Subd. (3) Prohibition of Other Vehicles. Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as either open stands or call box stands. 8.47 Taxicab Service. All persons engaged in the taxicab business in the Village operating under the provisions of Sections 8.40 through 8.48 shall render an over-all service to the public 010166 * desiring to use taxicabs. Holders of certificates shall maintain a central place of business and keep the same open twenty-four hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of the Village as soon as they can do so and if said services can- not be rendered within a reasonable time they shall then notify the prospective passengers how long it will be be- fore the said call can be answered and give the reason therefor. Any holder who shall refuse to accept a call an~vhere in the corporate limits of the Village at any time when such holder has available cabs, or who shall fail or refuse to give over-all service, shall be deemed a violator of this ordinance. o 40 u. 0 Passengers. Subd. (1) Receipts. The driver of any taxicab shall upon demand by the passenger render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the mNDer, license number or motor number, amount of meter reading or charges and date of transaction. Subd. (2) Refusal to Pay Legal Fare. It shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired to the value of such service. 010166 * 8.50 SOLICITORS. PEDDLERS. HAWKERS. ITINERANT MERCHANTS AND 'l'BANSCIEN1' VENDORS 8.51 Nuisance. The practice of going in and upon private residences in the Village by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or o~1TIers, occupant or occupants of said private residences for the purpose of soliciting orders for the sale of goods, wares and merchandise, and/or for the purpose of disposing of and/or peddling or hawking the same, is hereby declared to be a nuisance, and punishable as such nuisance as a mis- demeanor. 8.52 Abatement. The Police Chief and Police Department of the Village are hereby required and directed to suppress the same, and to abate any such nuisance as is described in the first section of this ordinance. 010166 ..lo " 8.60 CIGARETTE LICENSES 8.61 License Required. No person shall directly, by coin machine, or other- wise, keep for retail sale~ sell at retail~ or otherwise dispose of, any cigarettes~ cigarette wrapper, tobacco, or tobacco products at any place in the Village unless he shall have obtained a license therefor as provided in Sections 8.00 through ''8 ~ or, 8.62 Restrictions. Subd. (1) Minors. No person shall sell, give away, or otherwise furnish any cigarette, cigarette paper~ tobacco, or tobacco product to any person under the age of eighteen years. Subd. (2) Narcotic Drugs. No person shall keep for sale, sell, or dispose of any cigarette, or other tobacco product containing opium, morphine, jimson weed, bella donna, strychnia, cocain, marijuana, or any other deleterious or poisonous drug, except nicotine. 8.64 Display of License. Every such license shall be openly displayed in the place of business in which it is issued. 010166 .J.. '" 8.70 BOW L I N GAL LEY S 8.71 License Required. No person shall operate or maintain a bowling alley for use by the public, or permit any real prop- erty owned or controlled by him to be used as a bowlc ing alley for use by the public without first having obtained a license therefor as provided in Sections 8.00 through 8.08. This ordinance shall apply to any place where one or more bowling alleys are operated or maintained, except for private family use, whether such place is a social club or a business enterprise operated for profit. 8.72 Application. In addition to the information required by Sec- tion 8.02, the bowling alley license application shall contain: (1) The name and address of the owner or owners of property on which the bowling alley es- tablishment is located. (2) The name and address of the person or per- sons who will operate the bowling alley establishment. (3) A statement as to the contractual relationship between the owner and operator, if not the same; that is, employee, lessee, etc. (4) A general description of the bowling alley, including the maximum number of alleys lo- cated in the bowling alley establishment which will be in existence during the ensuing license year. 010166 * (5) In the event additional alleys are in- stalled in any bowling alley establish- ment, an amended application shall be filed with the Clerk-Treasurer giving the necessary information. 8.73 F.e. - The annual fee for such license shall be $10.00 for each alley located in anyone bowling alley estab- lishment. 8.74 Granting of License. The Council may grant the license after it is satisfied that the owners and operators of the bowling alley are persons of good moral character; that the operation of the bowling alley will be carried on in conformity with all the laws applicable thereto; and that the operation of a bowling alley at the place in- dicated is consistent with the character of the commun- ity immediately surrounding the same. The license shall specify the name of the person to whom granted, the specific place where bowling alley is to be located, and the number of alleys authorized. 8.75 Posting of License. The license shall be kept conspicuously posted in the bowling alley to which it applies; no person shall post such license upon premises other than for these which issued, nor deface nor destroy any such current license or permit. 010166 ~ ^ 8.76 Duplicate License. A duplicate license to replace a lost original, or for a different location, the original being sur- rendered in the latter instance, may be issued by the Council at its discretion, under such regulations as it may prescribe, and by payment of a fee of $10.00. 8.77 Noise of Operation. Any bowling alley establishment located within 300 feet of a district within the Village which is zoned for residential use shall provide such acoustical safe guards as will result in the noise incidental to the normal operation of the bowling alley establishment being reduced to a level which will not unreasonably interfere with the enjoyment of their homes by the residents of the nearby residential area. 010166 oJ. " 8.80 PINBALL MACHINES 8.81 Definition. The term ilpinball machine" as used herein shall include any device which, upon the insertion of a coin, operates or may be operated, for use as a game of skill and amusement, or played by manipulating special equip- ment by hand, mechanically or electrically propelling balls, figures or numbers across a board or field into respective positions, the object of which is to secure a special number, or numbers of high total score, or to place the figures or numbers in special positions, which game may be played by the public, at a price, paid either directly or indirectly for such privilege, whether known as a pin-ball game or by any other name. 8.82 License Required. No person shall maintain, keep or sell within the Village, a pinball machine without a license therefor obtained in accordance with Sections 8.00 through 8.08. This section shall not apply to pinball machines held or kept in storage or for sale, and which are not actually in use or displayed for use. 8.83 Fee. The annual license fee for each pinball machine shall be $50.00. 8.84 Form and Display. Each license shall accurately describe the machine; show the name of the owner, address where such machine is located, the license fee and the period for which a license is granted; and such license shall at all times be conspicuously displayed where such machine is operated. 010166 .t. " 8.85 Gambling Prohibited. No person shall permit the operation of such a machine for the making of side bets or gambling in any form. No prize~ award, merchandise, gift, money or anything of value shall be given to any player of such machine. 8.86 Minors may not Operate. No licensee, nor any person upon whose premises a pinball machine device is located, shall himself, or through his agents or servants, suffer or permit any such machine to be operated by any person under the age of 18 years, except when such person is accompanied by his parent or guardian. Use of any such machine by any person under the age of 18 years and unaccompanied by his parent or guardian, shall constitute a conclusive presumption that the same is being used with the permission or at the sufferance of the licensee or person upon whose premises it is located. 8.87 Revocation. In addition to revocation in accordance with the provisions of Section 8.06, upon conviction for the vio- lation of any law of the State relating to gambling involv- ing any such machine, the license to operate the same shall be forthwith revoked without hearing. 010166 J.o " 8.90 ROLLER SKATING RINKS 8.91 Definitions. As used in this ordinance the following terms shall be defined as follows: Subd. (l) Roller Skating Rink. HRoller Skating Rink" shall mean any room, place or space open to the public patronage where facilities are available or made available for roller skating, wherein the public may participate and at which admissions may be had by the public by payment directly or indirectly of an admission fee or price, including a fee for membership in a club, price of food, or payment for any other form of amusement offered in or from the licensed premises~ Subd. (2) Operate. vtOperate" shall mean to conduct, to manage, supervise, to maintain, to keep. 8.92 License Required. No person shall operate a roller skating rink within the corporate limits of the Village without first having obtained a license therefor as provided in Sections 8.00 through 8.08. 8.93 Application. In addition to the requirements of Section 8.02, the application for license shall state that said building shall be of fire-proof construction and comply in every respect with the fire protection laws of Minnesota, the Village, and the State Board of Fire Insurance Underwriters, and shall be provided with a sufficient number of fire exits. No license shall be issued under this ordinance unless the 010166 * Council is satisfied that the place to be licensed is properly ventilated and equipped with necessary toilets, washrooms, and such public facilities, and that such place is not likely to become a public nuisance or detri- mental to public morals. 8.94 Fee. The license fee required hereunder shall be $100.00. 8.95 Restrictions and Regulations. All persons licensed, and all persons required by this ordinance to be licensed shall comply with the fol- lowing regulations: Subd. (1) Illumination. Every roller skating rink shall be illuminated while in public use, and roller skating therein while the lights are extinguished or turned low, or daylight dimmed, as to give improper vision is hereby prohibited. Parking lots and exits leading to parking lots shall be kept adequately lighted by the licensee at all times when open to the public. The licensee shall provide artificial lights whenever natural light is inadequate. Subd. (2) Inflarr@able Decorations and Smoking. There shall be no inflammable decorations used upon the premises but all decorations used must be of a fireproof nature, and that the owner and/or operator of said premises shall permit no smoking on the skating floor, and only in specific portions of the building designed for such purpose. Subd. (3) Alcoholic Beverages. No licensee hereunder shall sell or permit on the premises any malt or alcoholic beverage of any kind. 010166 * Subd. (4) Curfew. No operator of a roller skating rink shall permit any person to be in or about the licensed premises at any time in violation of the curfevl provisions of Sections 9.30 through 9.35. Subd. (5) Hours. Any room or premises used for a roller skating rink shall be closed and kept closed to the public and no person shall be permitted to roller skate therein between the hours of 10:30 o'clock p. m. and 1:00 o'clock p. m. next day follow- ing, except that on Saturdays the rink shall be open from 9:00 o'clock a. m. to 12:00 noon for instruction. Subd. (6) Special Police Officer. Such licensee shall provide and pay for the services of a special police officer who shall be on duty about the premises during all times that said roller skating rink is open for business, whenever the Council deems it necessary. Subd. (7) License Posted. Every license issued hereunder shall be posted in a public place in the premises described in the license during all the time that same is effective. 010166 8.100 SUN DAY C LOS I N G. 8.101 Purpose. It is determined to be in the interest of the public health, order, convenience and general welfare to observe certain days; hereinafter specified, as days of rest and recreation, free from unrestricted commercial activity, and it is the purpose of this ordinance to aid in the preservation of such days for such purposes. 8.102 Definitions. For the purpose of this ordinance, the terms defined in this section shall have the meanings given them. Subd. (1) Person. "PersonH as defined in Section 1.22 includes agents and employees. Subd. (2) Sunday. "Sunday" means the first day of the calendar week. Subd. (3) Saturday. "Saturday means the seventh day of the calendar week. Subd. (4) Holiday. "Holiday" means New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 072567 Subd. (5) Sell or Selling. "Sellil or Sellingll means making a sale, engaging in the business of selling, assisting in selling, attempting to sell, extending credit for a sale, and trading or exchanging merchandise, by personal contact between buyer and seller or by telephoreor by in any other manner. The term "sells" or "selling" shall also include any lease or rental if, by the terms of the lease or rental agreement, title to a restricted item may pass by the exercise of an option by any party to such lease or rental agreement. Subd. (6) Restricted Item. "Restricted ItemTl means any of the following: cameras; musical instruments including pianos apd organs; records and other recordings; phonographs and tape recorders; radio receivers and television receivers; jewelry; clocks and watches; furs; furniture and other home furnishings; home appliances; footwear; wearing apparel of all kinds; luggage; lawn mowers and other power driven or manually operated outdoor machinery and equipment; hardware and tools; paints, varnishes and wallpaper, and painting and wall paper tools and supplies; lumber and other building materials and supplies; floor coverings. 8.103 Sales Restricted. No person shall sell a restricted item on Sunday or a holiday. 8.104 Permitting Sales Prohibited. No person who is in charge of a business establishment, or a part thereof, whether as the owner, lessee, concessionaire, corporate director, officer, manager, supervisor, or otherwise shall permit another person to sell a restricted item in such establishment or part thereof, on a Sunday or Holiday. 072567 8.105 Sales Not Restricted. It shall be a sufficient defense to prosecution under this Ordinance, that the sale involved was one of the following: Subd. (1) Isolated Sales. An isolated sale from a residence by a person not regularly engaged in selling the kind of merchandise sold. Subd. (2) Concessions. The sale at any auditorium, stadium, bathing beach, golf course, ski area; bowling alley, marina, boat livery, or other park or playground of merchandise for use at the place of sale for recreational purposes. Subd. (3) Trading Stamps. The dispensing of any coupon, stamp or merchandise premium in conjunction and simultaneously with the sale of any merchandise the sale of which is not prohibited on Sunday or a holiday. Subd. (4) Advertising. The advertisement for sale of any merchandise by any newspaper, radio or television station, or other established advertising medium. Subd. (5) Businesses Closed on Saturday. The sale of restricted items on Sunday at a place of business which is regularly closed on Saturday and which was actually closed at all hours on the Saturday before the Sunday upon which such sale of restricted items occurs. 072567 Subd. (6) Seasonal Recreational Purposes. Any retail sale for recreational purposes made by a vendor whose business is seasonal and whose retail establishment is not open to the public for at least four consecutive months of each year. 8.106 Interpretation. Subd. (1) Does Not Permit Prohibited Acts. This ordinance is not to be construed as permitting any act which is otherwise prohibited by law. Subd. (2) Separability. If any provision in this ordinance is found to be void, the remaining provisions shall remain valid unless such provisions, standing alone, are incomplete and are incapable of being executed. 8.107 Separate Offenses. Each sale of a restricted item in violation of the ordinance is a separate offense. 8.108 Penalty. Any person who violates the prov~s~ons of this ordinance is guilty of a misdemeanor; and such a person upon conviction for the first offense shall pay a fine not to exceed $100 or be imprisoned for a period of not more than ten days; and for the second offense shall pay a fine not to exceed $100 or be imprisoned. for a period of not more than 30 days; and for the tn~rd or each subsequent offense shall pay a fine of not more than $100 or be imprisoned for a period of not more than 90 days. 072567 CHfi,PTER 9 GENERAL SAFETY LND VJELFARE * GENERAL SAFETY AND WELFARE 9 . 00 FIR E REG U L A T ION S - 9.01 Fire Prevention Code. Subd. (1) Adoption. There is hereby adopted by the Village for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1965 Edition thereof and the whole thereof, save and except such portions as are hereafter deleted, modified or amended, of which Code not less than three copies have been and now are filed in the office of the C1erk- Treasurer and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall.b~^ controlling within the Village. from and after November 3, 1965. Subd. (2) Definitions. (a) irlherever the word "municipality" is used in the Fire Prevention Code, it shall be held to mean the Village of New Hope. (b) '\:.olherever the term llcorporate counsel" is used in the Fire Prevention Code, it shall be held to mean the Village Attorney. 9.02 Bureau of Fire Prevention. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the 010166 * Village which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department (hereinafter called nFire Chief't). Subd. (1) Fire Marshal. The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Council after recommendation by the Fire Chief. Subd. (2) Fire Inspectors. The Fire Chief may detail such of its members as inspectors as shall~ from time to time, be necessary. The Fire Chief shall recommend to the Council the employment of technical inspectors. Appointment shall be made by the Council. Inspec- tors shall be paid $1.00 per year, except by reso- lution of the Council. Subd. (3) Report. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Mayor; it shall contain all proceedings under this Code, with such statistics as the Fire Chief may wish to in- clude therein; the Fire Chief shall also recommend any amendments to the Fire Code which, in his judg- ment, shall be desirable. 9.03 Fire Prevention Districts. Subd. (1) Storage of Explosive and Blasting Agents. The limits referred to in Section l2.5b of the Fire Prevention Code in which storage of explosive and blasting agents is prohibited, are hereby estab- lished as follows: All areas zoned Hsingle-family residence districtsH, "multiple-family residence districts", Uretail business districtsn ,"limited business districtsH and ?'general business districtsr:. 010166 * Subd. (2) Storage of Flammable Liquids in Outside Above-Ground Tanks. (a) The limits referred to in Section 16..22a of the Fire Prevention Code in which storage of flammable liquids is in out- side above-ground tanks is prohibited, are hereby established as follows: All areas zoned "single-family residence districtsii, Hretail business districts.', Hlimited business districts" and Slgeneral business districts". (b) The limits referred to in Section 16.51 of the Fire Prevention Code, in which new bulk plants for flammable liquids are prohibited, are hereby established as follows: All areas zoned Hsingle-family residence districtsll, "multiple-family residence districtsll, ilretail business districtsil, "limited business districts" and "general business districts;!. Subd. (3) Bulk Storage of Liquified Petroleum Gases. The limits referred to in Section 2l.6a of the Fire Prevention Code, in which bulk storage of 1iquified petroleum gas is restricted, are hereby established as follows: All areas zoned llsingle- family residence districtsll, 'multiple-family resi- dence districts , ilretail business districtsr', :ilimited business districts' and I'general business districts". 9.04 Amendments to Fire Prevention Code. The Fire Prevention Code is amended and changed in the following respects: 010166 .Lo '" Subd. (1) Authority to Enter Premises. Section 1.3 is amended to read as follows: lil.3 Authority to Enter Premises. The Fire Chief, Chief of the Bureau of Fire Prevention or any in- spector thereof may, at all reasonable hours, enter any building or premises for the purposes of making any inspection ir investigation which, under the provisions of this Code, he or they may deem necessary to be made, but may enter residential buildings (including the actual living quarters of tenants or apartments) for the purpose of making inspections or investigations only under those circumstances set out in Section 1.7." Subd. (2) Evacuation. Article 1 is amended by adding thereto and in- serting therein after paragraph b of Section 1.4 the following to be knotvn as paragraph c: "c. Evacuation. The Fire Chief or Fire Department officer in command at the scene of a fire or ex- plosion is hereby authorized to direct the evacua- tion of that area deemed necessary to be evacuated for the safety of persons, and in the event of appar- ent willful disobedience of this provision and re- fusal to comply with direction of the Fire Chief or such officer in accordance herewith, the continued presence by a person shall be a misdemeanor. Subd. (3) Stairways. Article 1 is amended by adding thereto and in~ serting after Section 1.13, the following to be known as 1.14: iil.14 Stairways. Stairways and steps in all commercial buildings and industrial buildings hereafter constructed or repaired by the reconstruction of such stairways or steps shall be of noncombustible material." 010166 * Subd. (4) Smoking in Schools. Section 28.3 is amended by adding thereto and inserting therein after paragraph d the following to be known as paragraph e. ." Smoking of tobacco in public schools~ including the corridors and vestibules thereof~ is hereby expressly prohibited whether a 'No Smokingi sign is posted in such lo- cations or not. This prohibition shall not apply to faculty lunchrooms~ faculty lounges and boiler rooms. " Subd. (5) Exit Aisles. Section 27.7 is amended to read as follows: "In each room 't-7here chairs ~ or tables and chairs, are used, the arrangement shall be such as will provide for ready access by aisles to each exit doorway. Aisles leading directly to exit doorways shall have not less than 36 inches clear width which shall not be obstructed by chairs, tables, or other objects. The seating of persons in aisles or passageways in public theaters is prohibited." Subd. (6) Christmas Trees. Article 27 is amended by adding thereto and inserting after Section 27.13 the following to be known as Section 27.14: "Section 27.14. Fire Precaution in Use of Christmas Trees. (a) Definition: As used herein the term TlChristmas tree" means any natural tree which has been cut down, set up, used, installed or maintained within any build- ing, structure or tent for decorative or commemorative purposes. 010166 * (b) Rules in Public Places. Every hospital, rest home, institution, school~ church, hotel, clubroom and store and every place of public assembly or place of business to which the public. is invited which shall use, keep, install or maintain Christmas trees~ electrical decorations or the like, shall observe and comply with the following regulations: (1) Every tree used for Christmas decora~ tions regardless of the type of tree, shall be placed, kept and maintained so that the butt or bottom end of the trunk is at all times immersed in not less than 2 inches of water. (2) No cotton batting, straw, dry vines or leaves, celluloid or other flammable material shall be used unless fire~ proofed in a manner approved by the Fire Prevention Bureau of the Village. (3) No trees used for Christmas decorations or display shall be placed in or immed~ iately adjacent to exit areas, light wells or stairwells in the building where the decoration has been set up. (4) No candles shall be used on Christmas trees. No electrical decorations shall be used on Christmas trees except in churches when used in connection with religious or ceremonial services, pro- vided, however, that this exception shall not apply to regular Sunday School sessions. 010166 * (c) Exception. The prOV~Slons of this sub~ section shall not apply to artificial trees constructed of a nonflammable material. (d) Removal for Violations. The Fire Pre- vention Bureau may disconnect or remove any tree or other Christmas decorations in violation of this subsection.H Subd. (7) Burning Regulations. Section 28:1 is amended to read as follows: ., (a) General Burning Regulations. It shall be unlawful for any person to burn any sweepings, trash~ lumber, leaves, straw, paper, grass, waste or other combustible material in any street, alley, yard or upon any lot or tract within the Village, except in the manner and form hereinafter provided, or such as is burned in a fire~- place or other burning device approved by the Fire Marshal. (b) Prohibited Burning. No person shall burn any paper, boxes, rubbish, trash, packings~ leaves, grass or other waste material on any public street, alley, thoroughfare, sidewalk or public grounds or property within the Village. The burning of paper, boxes, rubbish, trash, packings, leaves, grass, or other waste materials within the Village fire limits is hereby prohibited, except where such burning is done in an en- closed incinerator which has been approved by the Fire Marshal. 010166 * (c) Burning Outside of Fire Limits. It shall be unlawful to burn any materials enumerated in paragraph (a) hereof within the Village but outside of the fire limits, except between the hours of 2 oiclock p.m. and 9 o'clock p.m., on Mondays through Fridays and between the hours of 5 a.m. and 9 p.m. on Saturdays and Sundays, and then only under the supervision of a person fifteen years of age or over. There shall be no such burn- ing on any paved or hard-surfaced street, nor when any wind is blowing having a ve- locity in excess of 12 m.p.h. There shall be no such burning, except in a trash burner constructed of metal or other non- combustible material having equal fire re- sistance and having the strength of 9 gauge metal with ventilating holes not more than 3 inches in diameter and having a top and bottom covering of like minimum construction. Attendants shall remain on watch while the fire is burning and so long as there is any fire therein. (d) Grass Fires Prohibited. No person shall burn or .cause to be burned, any woods) grassland) or other like area, on his prop- erty or that of another, which may cause any residence or other structure or thing of value to be endangered, without first having obtained a permit therefor. (e) Permit. Application shall be made to the Fire Marshal for approval and issuance of a permit, who shall as a condition precedent to approval and issuance determine that all necessary precautions have or will be taken to protect life and property. Any such per- mit shall set out the time and place of 010166 * burning and the area to be burned. No such permit granted hereunder shall in any way relieve the person acting there- under from any civil liability for any damage resulting therefrom. Such permits shall be good only on the date therein specified. (f) Fire Limits. The fire limits of the Village are hereby established as follows: All that area which is zoned either as general business districts or retail busi- ness districts.If Article 1 l2 amended by adding thereto and inserting therein the follmving to be kr.m:ln ~s Section 1.15: ;'1.15 Burning of Unw'anted Structures; Permit and Fee. Any per SOD desiring to have the Fire De- partment burn down a building or structure, shall submit an application to the Clerk-Treasurer for a permit for such burning. The fee for such burning shall be $100. The application shall be referred to the Bureau of Fire Prevention for its recommendation whether such burning can be done without endangering life or property in the Village. If granted by the Council, the permit shall be issued by the Clerk- Treasurer upon presentation by the applicant of the receipt from the Clerk~Treasurer showing payment of the permit fee. ~l Subd. (8) Gasoline Sale and Storage. Article 28 is amended by adding thereto and in- serting therein after Section 28.14 the following to be known as Section 28.15 and 28.l6~ respectively: 010166 oJ. " ~128 .15 Sale Prohibited. The sale of gaso- line in glass or plastic containers is prohibited. Q28.l6 Storage. Storage of more than 2 gallons of gasoline in a dwelling or other place of human habitation is prohibited, Storage of 2 gallons or less of gasoline is permitted only if such gasoline is in a container of sound metal construction approved by the Fire Marshal and stored in a metal cabinet.1! Subd. (9) Attendants at Nursing Homes. Article 28 is amended by adding thereto and in- serting therein after Section 28.16 the following to be known as Section 28.17: 1128.17 Attendants. All nursing homes, rest homes, board and "care homes, as defined by the State Board of Health, shall have one or more attendants, and at least one of them shall be on duty, awake and fully dressed at all times. 9.05 Permits and Modifications. Subd. (1) Modifications. The Fire Marshal in charge of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee~ or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the de- cision of the Fire Chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. 010166 c 0~ ~.vv * Subd. (2) New Materials Requiring Permits. The Mayor, the Fire Chief and the Fire Marshal in charge of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies~ which shall require permits, in addition to those now enumerated in this Code. The Chief of the Bureau of Fire Prevention shall post such list in a con- spicuous place in his office, and distribute copies thereof to interested persons. Subd. (3) Appeals. Whenever the Fire Chief shall disapprove appli- cation or refuse to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Council within 30 days from the date of the decision appealed. Penalty. (a) Any person who shall violate any of the pro- visions of this Fire Prevention Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in viola- tion of any detailed statement or specifications or plans submitted or approved thereunder~ or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Councilor by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-compliance 010166 ... '" respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be re- quired to correct or remedy such violations or defects wi'thin a reasonable time; and when not otheL~Jise specified, each 10 days that pro- hibited conditions are maintained shall con- stitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 010166 * 9.20 D I S C H A R GIN G FIR EAR M S ~ ~~ 9.21 Prohibition Against Discharging Firearms. No person shall shoot, discharge or explode any firearm, cartridge or shell containing an explosive, or air rifle within the corporate limits of the Village without first obtaining a written permit as hereinafter provided, except: Subd. (1) Law Enforcement Officers. Duly authorized law enforcement officers, or members of military forces of the United States or the State in the discharge of their duties. Subd. (2) Self-Defense. Persons acting in self-defense when the use of firearms for that purpose would not be unlawful under State law. 9.22 Destruction of Diseased Animals. The Council, the Mayor or the Police Chief may grant a permit to any person for the use of appropriate firearms or air rifles for destruction of a diseased, dangerous or injured animal, bird or reptile, but no such permit shall be valid for longer than 24 hours after given. 9.23 Target or Trap Shooting. The Council may license the use of firearms and air rifles for target and trap shooting at any suitable place within the Village upon application by the owner or occupant of the premises to be licensed and payment of a license fee of $2.00 per year. All such licenses shall expire on December 31 of the year in which granted. 010166 * Subd. (1) Requisites for License. Before such license is granted the Council shall be satisfied that, with respect to the place to be licensed: ("A) Target or trap shooting will not be a hazard to persons, animals or property on or adja- cent to the licensed premises. (B) Shooting will be a safe distance from a public street. (c) The sound of the shooting will not be a nuisance to the residents in the vicinity. Subd. (2) Restrictions on License. The Council may prescribe the hours during which shooting will be permitted and the caliber of rifles or other firearms which may be used. Subd. (3) Termination of License. Any such license may be terminated by the Council at any time after reasonable notice to the licensee and opportunity for hearing, if the Council shall find that any provision of the license has been violated or that use of the target or trap shooting range has become hazardous to any persons, property, animals or a nuisance. 010166 "'4 .. 9.24 Destruction of Birds Destroying Crops. Upon payment of a fee of $2.00, the Council, Mayor, or Police Chief may issue a permit for the shooting, discharging or exploding of any firearms, cartridges or shells containing an explosive, or an air rifle, by any person within the corporate limits of the Village, for destruction of birds which destroy or threaten to destroy the crop, produce or other property belong1ngto either the applicant or to any resident or owner of property within the Village who consent to the granting of the permit. All such per- mits shall specify the area of uses the type of firearms or explosive, the hours during which it may be used and the time of expiration, and shall expire on December 31 of the year in which granted, unless an earlier date is specified in the permit. Any or all such permits may be terminated by the Council at any time after reasonable notice of its intention to do so, if the Council finds that the permit1s use has become hazardous to any person or property or has or is threatening to create a nuisance. 010166 * 9.30 CUR FEW 9.31 Definitions. Subd. (1) llpublic Groundn - Public street~ avenue, a11ey~ park, playground or other public ground, public place and public building, places of amusement and entertainment~ vacant lots or unsupervised places, in the Village. Subd. (2) "Parent or Guardiar.r! - Parent~ guardian or other person having the care and custody of the minor. Subd. (3) "Timefi - References to time shall mean official Village time. 9.32 Under Age of 15 Years. It shall be unlawful for any person under the age of 15 years to be on or present in a public ground in the Village be~1een the hours of 10 o'clock p.m. and 5 o'clock a.m. of the following day, unless accompanied by his or her parent or guardian, or unless there exists a reason- able necessity therefor. The fact that said minor unaccom- panied by parent or guardian is found upon any public ground after 10 olclock p.m. or before 5 olclock a.m. of the following day, shall be evidence sufficient to sustain a finding that said minor is thereon unlawfully and that no reasonable excuse exists therefor. 9.33 Under Age of 18 Years. It shall be unlawful for any person under the age of 18 years and over the age of 14 years to be on any public ground in the Village between the hours of 12 olc10ck midnight and 5 o'clock a.m. of the following day, unless accompanied by his or her parent or guardian or unless there exists a reasonable necessity therefor. The fact that said minor unaccompanied by parent or guardian 010166 is found upon any public ground after 12 olclock midnight or before 5 o'clock a.m. of the follo'VJing day, shall be evidence sufficient to sustain a finding that said minor is there unlawfully and that no reasonable excuse exists therefor. 9.3l1. Responsibility of Parents. . It shall be unlawful for any parent, guardian, or other adult person having the care and custody of a minor, under the age of 18 years, to knowingly or negligently permit such minor to violate the provisions of Sections 9.32 and 9.33. S.35 Places of Amusement. It shall be unlaw'ful for any person operating or in charge of any place of amusement, entertainment, or re- fresl~ent, or any other place of business to permit any minor under the age of 18 years to enter or remain in such place contrary to the provisions of Sections 9.32 and 9.33. Whenever the mvner or person in charge or in control of any place of amusement~ entertainment, re- fresl~ent or othar place of business shall find a person unGer the age of 18 years in such place contrary to the provisions of Sections 9.32 and 9.33, he shall immediately order such person to leave and if such person refuses to leave the said place of business, the operator shall immediately notify the police and inform them of the vio- lation. 010166 J.. " 9.40 DAN G E R 0 U S B U I L DIN G S 9.41 Definition. "Dangerous Buildingsl1 are all buildings and structures which have any or all of the following defects: Subd. (1) Interior Walls. Interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle one-third of its base. Subd. (2) Loads. Improperly distributed loads upon the floors or roofs~ or in which the same are overloaded, or which have insuf- ficient strength to be reasonably safe for the purpose used. Subd. (3) Damaged. Fire~ wind, or other damage to such an extent as to have become dangerous to life~ safety, mora1s~ or the general health and welfare of the occupants or the people of the Village. Subd. (4) Diseased or Unsafe. Dilapidated, decayed, unsafe, vermin infested, or unsanitary buildings which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease so as to work injury to the hea1th~ moral, safety and general welfare of those living therein or of the public. Subd. (5) Light and Air. Light, air and sanitation facilities which are inade- 010166 quate to protect the health, morals, safety, or general welfare of human beings who live or may live therein, or of the public. Subd. (6) Egress. Inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication. Subd. (7) tttached Parts. Parts which are so attached that they may fall and injure members of the public or property. Subd. (8) Location or Condition. The condition or location make the building unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the occupants or of the public. 9.42 Public Nuisance. All "Dangerous Buildingsil are hereby declared to be public nuisances 5 and shall be repaired, vacated, or demoli- shed as hereinafter provided. 9.43 Standards for Repair, Vacation and Demolition. The following standards shall be followed in substance by the building inspector and the Council in ordering repair, vacation or demolition: Subd. (1) Repair. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this ordinance, it shall be ordered repaired. 010166 Subd. (2) Vacation. If the Dangerous Building is in such a condition as to make it dangerous to the health, morals, safety or general welfare of its occupants or of the public it shall be ordered to be vacated. Subd. (3) Demolition. In any case where a Dangerous Building is fifty per cent damaged or decayed, or deteriorated from its original value or structure~ it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this ordinance it shall be demolished. In all Cases where a lldangerous buildingH is a fire hazard existing or erected in violation of the terms of this or any ordinance of the Village or statute of the Statej it shall be demolished. 9.44 Procedure. The Building Inspector shall: Subd. (1) Inspection. Inspect upon complaint of any person, or upon his own volition, any building or structure for the purpose of determining whether any conditions exist which render such places as a Dangerous Building v7ithin the terms of Section 9.41. Subd. (2) Notice. Nod~'fy; in wr~'C1.ng the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the records of the Hennepin County Register of Deeds, of any building found by him to be a Dangerous Building. Said Notice shall provide: 010166 (A) The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this ordinance; (B) The occupant or lessee must vacate said building or may have it repaired in ac- cordance with the notice and remain in possession; (C) The mortgagee, agent or other persons having an interest in said building as shown by the land records at the Register of Deeds of the County, may at his own risk repair, vacate, or demolish said building or have such work or act done; provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein. (D) A description of the said building, a state- ment of the particulars which make said building a Dangerous Building and an order requiring the same to be put in such c~ndi- tion as to comply with the terms of this ordinance within such length of time, not exceeding 30 days, as is reasonable. (E) An explanation of the recipientWs right to seek modification or withdrawal of the notice by petition to the Council within 20 days in accordance with Section 9.45. Subd. (3) Report. Report to the Council any noncompliance with the notice provided for in Subdivision (2). 9.45 Printed Placard. Subd. (1) Content and Placement. The Building Inspector shall place a notice or placard on all Dangerous Buildings which bears substantially the following words: iiCONDENNED This building has been found to be a D~ngerous Building by the Building Inspector. This placard is to remain on this building until it is repaired, vacated or demolished in ac~ cordance with the Village Code. It is unlawful to remove this placard except by the Building Inspector.1l Subd. (2) Removal. No person, except the Building Inspector, shall de~ face or remove the placard from any building or structure which has been condemned as a Dangerous Building and placarded as such. If the building is repaired, the Building Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. 9.46 Vacation of Condemned Building. Any building which has been condemned and placarded as a Dangerous Building by the building inspector shall be vacated within a reasonable time as required by said in~ spector and as stated in the notice in accordance with Section 9.44 (2). No owner, lessee, or occupant shall rent to any person for human habitation and no person shall occupy any building or structure which has been condemned 010166 and placarded by the Building Inspector after the date on which said building inspector has required the affected building or structure to be vacated, until written ap~ proval is secured from, and such placard removed by~ the Building Inspector. 9.47 Appeal and Hearing. Subd. (1) Petition. Any owner, occupant, lessee, mortgagee, agent or other person affected by any notice which has been issued in connection with any enforcement of any provision of this ordinance~ may request and shall be granted a hearing on the matter before the Council; provided, that such person shall file in the office of the C1erk~Treasurer~ a written peti~ tion requesting such hearing and setting forth a statement of the grounds therefor within 20 days after the day the notice was served. Within 15 days of receipt of such peti- tion the Council shall set a time and place for such hearing and shall give the petitioner written notice thereof, and at such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice shall be modi- fied or withdrawn. The hearing before the Council shall be commenced not later than 30 days after the date on which the petition was filed; provided, that upon written appli- cation of the petitioner, the Council may, if it finds that the petitioner has established good and sufficient cause, postpone the hearing for a reasonable time beyond the said 30 days. Subd. (2) Order. (A) Without Hearing. Any notice served pur~ suant to Section 9.44 (2) shall automati~ cally become a final order if a written petition for a hearing is not filed in the office of the Clerk~Treasurer within 20 days after such notice is served. 010166 (B) After Hearing. After such hearing the Council shall sustain, modify or with- draw the notice, depending upon its findings as to whether the provisions of this ordinance have been complied with. The Council may also modify a notice to authorize a variance from the provisions of this ordinance when, because of special conditions, a literal enforcement will result in practical difficulty or unneces- sary hardship; provided, that the spirit of this ordinance will be observed, public health and welfare secured, and substantial justice done. If the Council sustains or modifies such notice, it shall be deemed to be a final order and the owner, occupant, lessee, mortgagee, agent, or at her person having an interest in said building or structure shall comply with all provisions of such order within a reasonable period of time, as determined by the Council. 010166 ... " 9.50 DAN G E R 0 USE X C A V A T ION S 9.51 Definition. The term llDangerous Excavationii means any excavation or basement on private property which is not filled to grade or otherwise protected after a building is destroyed, demoli- shed or removed, or an excavation for building, whether or not completed~ which is left open for more than six months without proceeding with the erection of a building thereon. 9.52 Public Nuisance. The maintenance or eXl.stence of a Dangerous Excavation; within the Village~ is declareJ to be a public nuisance. 9.53 Abatement Order. Subd. (1) When Order Given. Vhen any Dangerous Excavation exists in the Village; the Councilor Building Inspector may order the excavation to be filled or protected or in the alternative~ that erec- tion of a building begin forthwith. Such order shall require compliance thereto within fifteen days. Subd. (2) Service of Order. The Order shall be served by mailing written notifi- cation to the owner of the premises as shown by the records of the Hennepin County Register of Deeds. 9.54 Appeal and Hearing. The person ordered to abate the nuisance may have a hearing before the Council. A request for the hearing must be made in writing, and filed with the Clerk-Treasurer within fifteen days of service of the Order~ or it will be conclu- sively presumed that a nuisance exists. The hearing will be 01')166 held before the Council at a time and place fixed by the Council. The finding of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time, not to exceed fifteen days. 9.55 Abatement by the Village. Subd. (1) vfuen Village May Abate. If the owner of the premises fails to comply with the order within fifteen days after the order is served upon him, or within the time specified by the Council after hearing, the Council may cause the excavation to be filled or graded or protected as it deems public health and safety require. Subd. (2) Waiver. The abatement of any nuisance by the Village shall not be deemed or construed as a waiver or approval of any vio- lation of the provisions of this ordinance, nor shall it pre- vent criminal prosecution for the violations. Criminal pro- secution for violations shall not permit or bar the right of the Village to abate a nuisance. Subd. (3) No Administrative Liability. No officer, agent or employee of the Village shall render himself personally liable for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties under this ordi- nance. P~y suit brought against any officer, agent or em- ployee of the Village as a result of any act required or permitted in the discharge of his duties under this ordinance shall be defended by the Village until the final determina- tion of the proceedings therein. 010166 * 9.70 WEED ELIMINATION 9.71 When Weeds Nuisance Any weeds, whether noxious as defined by law or not, growing upon any lot or parcel of land outside the traveled portion of any street or alley in the Village to a gr.eater height than six inches (6") or which have gone or are about to go to seed are a nuisance. The owner and the occupant shall abate or prevent such nuisance on such property and on land outside the traveled portion of the street or alley abutting on such property. 9.72 Notice to Destroy On or before June 1 of each year and at such other times as ordered by resolution of the Council the Clerk- Treasurer shall publish once in the official newspaper a notice directing owners and occupants of property within the Village to destroy all weeds declared by Section 9.71 to be a nuisance and stating that if not so destroyed within ten days after publication of said notice, the weeds will be destroyed by the Street Maintenanceman at the ex- pense of the owner and if not paid, the charge for such work will be made aspecial assessment against the property concerned. 9.73 Removal by Village If the owner or occupant of any property in the Village fails to comply with the notice provided in Section 9.72 within ten days after its publication, the Street Maintenanceman shall cut and remove such weeds. He shall keep a record showing the cost of such work attribut- able to each separate lot and parcel and shall deliver such information to the Clerk-Treasurer. 9.74 Assessment On or before September 1 of each year, the Clerk- Treasurer shall list the total unpaid charges for the weed removal against each separate lot or parcel to which they are attributable under this ordinance. The Council may 010166 * then spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. 9.75 Penalty Any person who interferes with a Village employee or other authorized person in the performance of his duties under Section 9.73 is guilty of a misdemeanor, but a prosecution shall be brought for such violation only on the direction of the Council. 010166 ~ 9.80 D UTe H ELM D I SEA S E 9.8l Purpose. Subd. (1) Policy Declaration The Council has determined that the health of the elm trees within the Village limits is threatened by a fatal disease known as Dutch Elm Disease, and that the loss of elm trees growing upon public and private property would substantially de- preciate the value of property within the Village and impair the safety, good order, general welfare and convenience of the public. It is the intention of the Council to control and prevent the spread of this disease and this ordinance is enacted for that purpose. Subd. (2) Dutch Elm Disease Program A program of plant pest control shall be con- ducted pursuant to the authority granted by Minnesota Statutes 1961~ Section 18.022. This program is di- rected specifically at the control and elimination of Dutch Elm Disease fungus and elm bark beetles and is undertaken at the recommendation of the Commissioner of Agriculture. 9.82 Forester Subd. (1) Position of Forester Created. The position of Forester is hereby created within the Perk aile re8tion Department of the Village. Subd. (2) Duties of Forester. It is the duty of the Forester to coordinate~ under the direction and control of the Council~ all activities of the Village relating to the control and prevention of Dutch Elm Disease. He shall recommend to the Council the details of a program for the control of Dutch Elm Disease, and perform the duties incident to such a program adopted by the Council. He shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. 010166 9.83 Nuisance Subd. (1) Declaration of Nuisance The following are hereby declared public nuisances whenever they may be found within the Village. (A) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm Disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh). (B) Any dead elm tree or part thereof, including logs, branches~ stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effec= tive elm bark beetle insecticide. Subd. (2) Unlawful to Sustain Nuisance It is unlawful for any person to permit any public nuisance as defined in Section 9.83 (1) to remain on any premises owned or controlled by him within the Village. Such nuisance may be abated in the manner prescribed by this ordinance. 9.84 Inspection and Investigation Subd. (1) Annual Inspection The Forester shall inspect all premises and places within the Village as often as practicable to determine whether any condition described in Section 9.83 exists thereon. We shall investigage all reported incidents of infestation by Dutch Elm fungus or elm bark beetles. Subd. (2) Entry on Private Premises. The Forester or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to him under this Ordinance. 110866 Subd. (3) Diagnosis. The Forester shall~ upon finding conditions indicating Dutch Elm infestation, immediately send appropriate specimens or samples to the Commis- sioner of Agriculture for analysis, or take such other steps for diagn~sis as may be recommended by the Commissioner. Except as provided in Section 9.86 no action to t;emove infested trees or wood shall be taken unti~ positive diagnosis of the disease has been ma~e. 9.85 Abatement Method. In abating the nuisances defined in Section 9.83, the Forester shall cause the infested tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible th~ spread of Dutch Elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordQ ance with current technical and expert opinions and plancs as may be designated by the Commissioner of Agriculture. 9.86 Abatement Procedure for Trees and Wood. Subd. (1) Forester Action. vlhenever the Forester finds with reasonable certainty t~at the infestation defined in Section 9.83 exists in any tree or wood within a public or private place in the Village, he shall proceed as follows: (A) Not Imminent Danger If the Forester finds that the danger of in~estation of other elm trees is not imminent b1Cause of elm dormancy, he shall make a wtitten report of his findings to the Council t,hich shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Chapter 429 or (2) abating the nuisance as provided in Section 9.86 (2). 110866 (B) Imminent Danger. If the Forester finds that danger of infestation of other elm trees is immi- nent, he shall notify the property owner, or the abutting property owner if the infestation is in the boulevard, by certified mail. For the purpose of giving mailed notice, the Forester shall use the same procedure as provided in Chapter 429, Minnesota Statutes for for purpose of giving notice of a public hearing for a proposed public improvement to be assessed, and may in addition, give notice to such person or persons as the Forester knows owns or has an interest in said property, or by service of written notice within the state in the same manner as a summons in the District Court is served, that the nuisance will be abated within a specified time, not less than five days from the date of mailing or service of such notice. The Forester shall immediately re- port such action to the Council by letter or written report addressed to the Council, and after the expiration of the time limited by the notice he may abate the nuisance. Subd. (2) Council Action. Upon the receipt of the Forester's report re- quired by Section 9.86(1) (A), the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed as provided in Section 9.88 to affected property ovmers and published once no less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, or private property affected, action proposed, the estimated cost of the abatement, and the proposed bases of assessment, 110866 if any, of costs. At such hearing or adjourn- ment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall there- after adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. Subd. (3) Assessment. The Forester shall keep a record of the costs of abatements done under this Section and shall report monthly to the Clerk-Treasurer (or other officer designated by the Council) all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. On or before September 1 of each year the Clerk-Treasurer shall list the total unpaid charbes for each abatement against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the prop- erty involved as a special assessment under Minnesota Statutes Sec. 429.101 and other perti- nent statutes for certification to the county auditor and collection the following year along with current taxes. 9.87 Notice. Notice, as provided in Sections 9.86 (1) (B), 9.86 (2) and 9.88 shall be given as follows: By certified mail addressed to the last known place of residence of the person to be notified, or by service of written notice within the State in the same manner as a summons in a District Court action is served. For the purpose of giving mailed notice, owners shall be those shown to 110866 be such as of the date 30 days prior to service of the notice~ on the records of the County Treasurer, but other appropriate records may be used for this purpose. Provided, however, that any property owner may waive the notice requirement, in writing. 9.88 Spraying Nearby Trees. Whenever the Forester determines that any elm tree or elm wood within Village is infested with Dutch Elm fungus, he may spray all nearby high value elm trees, with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commission and his agents whenever possible. Notice of spraying operations conducted under this Section shall be given to affected property owners in accordance with Section 9.87. 9.89 Transportatin& Elm Wood. It is unlawful for any person to transport within the Village any bark-bearing elm wood without having obtained a permit from the Forester. The Forester shall grant such permits only when the purposes of this ordi- nance will be served thereby. 9.91 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Forester or his agents while they are engaged in the performance of duties imposed by this ordinance. 110866 9.100 PUBLIC NUISANCES, UNWHOLESOME AND UNHEALTHY LITTER AND ANIMAL REGULATIONS. 9.101 Definitions. The following words and phrases, when used in this Ordinance, shall have the meanings as set out herein: Subd. (1) Authorized Private Receptacle. "Authorized Private Receptacle" is a litter storage and collection receptacle of the type authorized in Section ~.ro2 ofthms orrlina~ce. Subd. (2) Garbage. "Garbage!! is putrescible animal and vegetable wastes resulting ,from the handling, preparation, cooking and consumption of food. Subd. (3) Litter. "LitterlV is "garbage,\! "refuse," and "rubbish" as defined herein and all other waste material which~ if thrown or deposited as herein prohibited, tends to create a nuisance or danger to public health, safety and welfare. Subd. (4) Park. IlPark" is a park, reservation, playground, beach, recreation center or any other public area in the 071167 Village, owned or used by the Village and devoted to active or passive recreation. Subd. (5) Private Premises. lIPrivate Premisesll is any d~velling, house, building, or other structure, designed or used either wholly or in part for private residential purposes~ whether inhabited or temporarily or con- tinuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Subd. (6) Public Place. npublic PlaceV< is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. Subd. (7) Refuse. iiRefuseH is all putrescible and nonputrescible solid wastes (except body wastes), dead animals, abandoned automobiles, and solid market and indus- trial wastes. Subd. (8) Rubbish. iiRubbish" is nonputrescible solid wastes con- sisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, card- board, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, construction remnants including but not limited to sheet rock, electrical, plumbing, roofing scraps, lumber, galvenized metal, concrete, plaster, trees or shrubs removed during construction, and similar waste materials. 071167 9.102 Authorized Private ~~ep~acl~ The following containers shall be deemed authorized as private receptacles for collection: Subd. (1) Garbage. Garbage containers shall be made of metal, equipped with suitable handles and type fitting covers, and shall be water tight. (a) Capacity: Garbage contaipers shall have a capacity of not more than 31 gallons. (b) Sanitation: Garbage containers shall be of a type approved by the Building Inspector and shall be kept in a clean, neat and sanitary condition at all times. Subd. (2) Ashes. Ash containers shall be made of metal and have a capacity of not more than 20 gallons. Subd. (3) Rubbish. Rubbish containers shall be of a kind suitable for a collection purposes, and shall be of such weight that they can be handled by one man, when filled with reasonable and normal rubbish or refuse. 071167 9.103 Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles or in authorized private recep- tacles for collection. 9.104 Placement of Litter in Receptacles to Prevent Scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. 9.105 Sweeping Litter Into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumu- lation of litter from any building or lot or from any public or private sidewalk or driveway. Person owning or occupying property shall keep the sidewalk in front of their premises free of litter. 9.106 Merchants' Duty to Keep Sidewalk Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private side- walk or driveway. Persons owning or Occupying places of busi- ness within the Village shall keep the sidewalk and private parking area in front of or servicing their business premises free of litter. 9.107 Litter in Parks. - No person shall throw or deposit litter in any park within the Village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are 071167 not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. 9.108 Litter in Lakes and Streams. No person shall throw, deposit or permit the scattering of litter in any pond, lake, stream, or any other body of water in a park or elsewhere within the Village. 9.109 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. 9.111 Owner to Maintain Premises Free of Litter. The owner or person in control of any private property shall at all times maintain the premises free of litter. Pro- vided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. 9.112 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the Village whether owned by such person or not. 9.113 Unwholesome Premises and Material. No person shall permit, deposit or maintain on any real property under his control, whether owned by such person or not, any outhouse, privy, vault, sick or unsound flesh, meat, fish, skin, carcass or any other unwholesome or offensive substance, liquid or thing whatsoever, which is nauseous, dangerous, unhealthy or uncomfortable to or for the neighborhood. 071167 9.114 Unhealthy or Offensive Substances. No person shall permit, deposit, or maintain.don. any real property unqer his control, whether owned by such person or not, any dead animals, or animal, vegetable, excrement or other substance which is fou-.l, nauseous, or unhealthy, or which by decomposition shall become offensive unless the same be buried at least three (3) feet under the surface of the ground. 9.115 Maintaining Animals or Birds. No person keepingcor maintaining dogs, cats, horses, cattle, swine, sheep, goats, min~, foxes, muskrats, racoons, poultry, pigeons, hamsters, rabbits, or other animals on any real property under his control, whether owned by such person or not, shall permit or maintain the accumulation of manure, litter or other foul, nauseous, or unhealthy substances. 9.116 Horses on Public Streets. No person shall ride, herd or drive horses on the public streets of the Village" if said street has a . ..permanent wearing cours.e in place, such as bituminous asphaltic surfacing, except by permit issued by the Village Manager. 9.117 Minimum Area for Maintaining Animals or Birds. No person shall keep or maintain any horse, cow, goat, mink, fox, chicken, turkey (or any other fowl), except in conformity with the minimum lot or parcel area limitation specified below: (a) For the first of any such animal, or the first six of such fowl or bird, a minimum lot area of not less than 54,450 square feet. (b) For each additional such animal or bird, or fowl, not less than 10,890 square feet. 071167 9.118 Defense to Prosecution. It shall be a sufficient defense to prosecution under this Ordinance that the accumulation of manure, yard clip- pings, leaves or putrescible solid wastes, except garbage, permitted or maintained was done as a well defined, suit- ably screened, compost, and in such a manner as not to attract flies or vermin, nor result in foul or nauseous odors offensive to adjacent residents or any considerable number of members of the public. 9.119 C1eal=ing of Litter and Unhealthy Offensive Substances from Private Property by Village. Subd. (1) Notice to Remove. The Building Inspector is hereby authorized and empowered to notify the owner of any private property within the Village or the agent of such owner ctoproperly dispose of litter and un- healthy or offensrve substances located on such owner's property which is either a nuisance or dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to said owner at his last known address. For purpose of giving mailed notice, owners shall be those shown to be such on the records of the County Treasurer, but other appropriate re- cords may be used for this purpose. Subd. (2) Action Upon Non-Compliance. Upon the failure,neglect or refusal of any owner or agent so notified to properly dispose of litter or unhealthy or offensive substances dangerous to the public health, safety or welfare within five 071167 (5) days after receipt of written notice pro- vided for in Subd. (1) above, or within eight (8) days after the date of such notice in the event the same is returned to the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of said owner, or agent 5 the Building Inspector is hereby authorized and empowered to pay for the disposing of such litter or unhealthy or offensive sub- stances or to order its disposal by the Village. Subd. (3) Charges Included in Tax Bill. When the Village has effected the removal of such dangerous litter or unhealthy or of- fensive substances, or has paid for its removal, the actual cost thereof plus current interest at the rate of six per cent (6%) per annum from the date of the completion of the work if not paid by such owner prior thereto, shall be charged to the owner of such property and a bill therefor shall be forwarded promptly to the owner by the Village, and such charge shall be due and payable by said owner within ten (10) days from the date of billing. Subd. (4) Assessment. The cost of removal shall be a".lien against the real property. On or before September 1st of each year the Clerk-Treasurer shall list the total unpaid charges for such service against each separate lot or parcel for which they are attributable under this Ordinance. The Council may then spread the charges against property served as a special 071167 assessment andrcertify such charges to the County Auditor for collection for the following year along with current taxes in the manner provided by Minnesota Statutes 1961, Section 429.061, 429.08l, but the assess- ment shall be payable in a single installment. 9.121 Penalty. Any person violating any of the prOV1S10ns of this Ordinance shall be deemed guilty of a misdemeanor. 071167 C HAP T E R 10 LIQUOR AND BEER .Lo " 10.00 M U N I C I PAL L I QUO R D I S PEN S A R Y 10.01 Definitions. As used in this ordinance the following terms shall have the meanings set out herein: Subd. (1) Intoxicating Liquor and Liquor ""Intoxicating liquor and liquoril: ethyl alcohol, including distilled, vinous and spirituous, fermented, vinous and malt beverages containing in excess of 3.2 per cent of alcohol by weight. Subd. (2) Beer i'Bee:rff: any malt beverage with an al- coholic content of more than one half of one per cent by volume and not more than .2 per cent by weight. Subd. (3) On Sale "'On sale": sale by the drink for con- sumption in the dispensary. Subd. (4) Off Sale. "Off sale": retail sale in the original package for consumption away from the dispensary. 010166 * Subd. (5) Sell. f"Selln: includes all barters, gifts and other means of furnishing intoxicating liquor or beer in violation or evasion of this ordinance or otherwise. Subd. (6) Minor. IiMinor": any person under 21 years of age. 10.02 Establishment of Dispensary. There is hereby established a municipal liquor dispensary for the on-and off~sale of intoxicating liquor. No liquor may be sold at retail elsewhere in the Village or by anyone not employed in the dis- pensary. No person shall consume liquor in a public park, on a public street, or in a public place other than the dispensary. 10.03 Location. The dispensary shall be located at such suitable place in the Village as the Council determines by motion. However, no premises upon which taxes or other public levies are delinquent shall be leased for dispensary purposes. 10.04 Operation. Subd. (1) Manager. The dispensary shall be in the immediate charge of a liquor store manager selected by the Council and paid paid such compensation as i~ fixed by the Council. He shall furnish a surety bond to the Village, conditioned upon the faithful 010166 * discharge of his duties, in such sum as the Council specifies. The bond premium may be paid by the Village or by the manager in the discretion of the Council. The manager shall operate the dispensary under the Council's direction and shall perform such duties in connection with the dispensary as may be imposed upon him by the Council. He shall be res- ponsible to the Council for the conduct of the dispensary in full compliance with this ordinance and with the laws relating to the sale of liquor or beer. Subd. (2) Employees. The Council shall also appoint such additional employees as may be required for the dispensary and shall fix their compensation. All employees, in- cluding the manager, shall hold their positions at the pleasure of the Council. No minor shall be employed in the dispensary. In the discretion of the Council such employees may be required to furnish surety bonds conditioned for the faithful discharge of their duties, in such sums as the Council may specify. 10.05 Dispensary Fund. Subd. (1) Creation. A municipal liquor dispensary fund is here- by created in which all revenues received from the operation of the dispensary shall be deposited and from which all ordinary operating expenses shall be paid. There shall also be paid out of the net revenues accruing to said fund, in excess of the 010166 * normal, reasonable and current expenses of opera- tion and maintenance of said dispensary, the principal of and interest on any bonds or other obligations when and to the extent that such principal and interest are made payable therefrom in accordance with any provisions of the laws of the State now or hereafter applicable to such matters; and the moneys in said fund shall at all times be held and administered and disbursed in accordance with the provisions of the resolu- tions authorizing the issuance of such obligations. Surpluses accumulating in the dispensary fund over and above amounts required to be paid or maintained in reserves by the provisions of outstanding bond resolutions may be transferred to the general' fund or to any other appropriate fund of the Village by resolution of the Council and expended for any municipal purpose. Subd. (2) Receipts and Disbursements. The handling of municipal liquor dis- pensary receipts and disbursements shall comply with the procedure prescribed by law for the re- ceipts and disbursement of Village funds generally. Subd. (3) Audit. The Council shall provide as soon as pos- sible following the close of each fiscal year for an audit of the accounts of the municipal liquor dis- pensary for that fiscal year by the Public Examiner or a qualified public accountant. 010166 * 10.06 Hours of Operation. The dispensary shall observe the following re~ strictions upon the hours of operation: Subd. (1) On and Off-Sale. No sale of intoxicating liquor shall be made in the dispensary after 1:00 a.m. on Sunday, before 3:00 p.m. on any Memorial Day, or before 8:00 p.m. on any election day in the Village. Subd. (2) On Sale. No on-sale shall be made in the dis~ pensary between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. Subd. (3) Off-Sale. No off-sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except Satur- day, on which day off~sale may be made until 10:00 p.m. No off-sale shall be made on New Year1s Day~ January 1; Memorial Day, May 30; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days off-sale may be made until 10:00 p.m., except that no off~sale shall be made on December 24 after 8:00 p.m. Subd. (4) Dispensary Closed. The dispensary shall not be open for business of any kind during the hours when sales of intoxicating liquor are prohibited. 010166 * 10.07 Conditions of Operation. Subd.(l) Facilities. The dispensary shall not have swinging doors. All windows in the front of the dispensary shall be of clear glass and the public view of the whole interior shall be unobstructed by screens, curtains or partitions. There shall be no partition, box, stall, screen, curtain or other device to obstruct the general observation of any part of the dispensary room by persons in the room. However, partitions, subdivisions, or panels not higher than 48 inches from the floor shall not be con- strued as such obstructions. Subd.(2) Sanitary Condition. The dispensary shall be inspected by the Village Health Officer or other duly appointed officials at least once a month and as many other times as may be deemed necessary to insure that the premises are maintained in a sanitary con- dition. Subd.(3) Other Business. No business other than the sale of liquor shall be carried on in the dispensary ex- cept the retail sale of cigars, cigarettes, all forms of tobacco, beer and soft drinks, both on- sale and off-sale. Subd.(4) Gambling. No person shall keep, possess or operate in any part of the dispensary any slot machine, dice or other gambling device or permit the same to be kept or used. No person shall gam- ble on such premises and no gambling of any character shall be permitted theron. 010166 * Subd. (5) Pool Tables. No pool or billiard table shall be kept in any part of the dispensary. Subd. (6) Minors. No minor shall be permitted to re- main on the dispensary premises. No liquor or beer shall be sold, served, or delivered to a minor, directly or indirectly. No minor shall misrepresent his age for the purpose of obtaining liquor or beer~ Subd. (7) Intoxicated Persons. No liquor or beer shall be sold or served to an intoxicated person. Subd. (8) Immoral or Disorderly Person. No person of a known immoral character and no disorderly person shall be permitted on the dispensary premises. Subd. (9) Credit Sales. No liquor or beer shall be sold on credit. 010166 * 10.08 Enforcement. Subd. (1) Police. It shall be the duty of all Village police officers to enforce the provisions of this ordinance and to search premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this ordinance, and to prepare the necessary processes and papers therefor. Subd. (2) Employees. Any employee of the dispensary will- fully violating any provision hereof or any provision of the laws of Minnesota relating to gambling or the sale of intoxicating liquor or beer shall be discharged. 010166 * 10.10 BEE .~" .:<..~ I .,C. .E'.....N S E S. 10.11 Definitions. Subd. (1) l!Beer" or "Noncointoxicating Malt Liquor1i . IiBeer" or "non-intoxicating malt liquorn means any malt beverage with an alcoholic content of more than one-half of one per cent by volume and not more than three and two-tenths per cent by weight. Subd. (2) "Intoxicating Liquor'.~. ~~Intoxicating liquorU means any dis- tilled~ fermented or vinous beverage containing more than three and two-tenths per cent of alcohol by weight. Subd. (3) "Original Package1! 1JOriginalpackage" means the bottle or sealed container in which the liquor is placed by the manufacturer. Subd. (!.r,.) 1~Bona fide Club". '~Bona fide clubVl means a club organi- zed for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of beer is incidental to and not the major purpose of the club. Subd. (5) URestaurant". "Restaurant" meaDS a place of which a major business is preparing and serving lunches or meals to the public to be consumed on the premises. 010166 .... " Subd. (6) "Beer Storefr. "Beer StoreU means an establishment for the sale of beer, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail. 10.12 License Required. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift~ sale or othenNise, or keep or offer for sale, any beer within the Village without first having received a license as hereinafter provided. Retail licenses shall be of two kinds: liOn SaleH and "Off Sale". Subd. (1) On Sale. "On Sale" license shall permit the sale of beer for consumption on the premises only. "On Sale" licenses shall be granted only to bona fide clubs~ beer stores, restaurants, and hotels where food is prepared and served for consumption on the premises. Subd. (2) Off Sale. naff Sale" licenses shall permit the sale of beer at retail in the original package for consumption off the premises only. 10.13 License Fees. Subd. (1) Amount. On Sale: The annual fee for an "On Sale" license shall be $400.00. Off Sale~ The annual fee for an "Off Sale" license shall be $15.00. 010166 * Subd. (2) Refund. No part of the fee paid for any license issued under this ordinance shall be refunded ex- cept when operation of the licensed business ceases not less than one month before expiration of the license because of: (1) destruction or damage of the licensed premises by fire or other catastrophe; (2) the licensee)s illness; (3) the licensee)s death; or (4) a change in the legal status of the municipality making it unlawful for the licensed business to continue. Provided, however~ that application to the Council for refund must be made within 60 days from the happening of one of the foregoing. Refunds shall be made on a pro rata portion of the fee for the un- expired period of the license, computed on a monthly basis. Subd. (3) Pro rata Fee. All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one year~ except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. 010166 "'" '" 10.14 Application for License. Subd. (1) Form. Every application shall be made on a form supplied by the Village and shall state the name of the applicant, his age, representations as to his character with such references as may be required, his citizenship~ whether the application is for lion saleu, or uoff sale", the business in connection with which the proposed license will operate and its location, whether applicant is owner or operator of the business~ how long he has been in that business at that place, and such other information as the Council may require from time to time. It shall be unlawful to make any false statement in an application. Subd. (2) Filing. Applications shall be filed with the Clerk-Treasurer. Each application shall be ac- companied by cash or cashieris check for payment in full of the required fee for the license. All fees shall be paid into the Village general fund. Upon rejection of any application for a licenses the Clerk-Treasurer shall refund the amount paid. 10.15 Investigation and Hearing. Subd. (1) Investigation. The Council shall investigate or cause to have investigated, all facts set out in the application. After such investigation and after a hearing as set forth hereinafter. the Council shall grant or refuse the application in its discretion. 010166 .Lo " Subd. (2) Hearing~ Opportunity shall be given to any person to be heard for or against the gran~1ng of the license. Notice of the hearing shall be given by publication once of a notice in the official Village newspaper~ which notice shall state the date~ time and place of the hearing, which date shall be not less than three days subsequent to the date of the publication of the notice, and shall further state the names and addresses of the applicants, the establishment to which it is proposed that the license be issued, and the address where the proposed license shall be used. Subd. (3) Renewal. The same procedure shall apply for the renewal of a license as for the original issuance of the license, except that the require- ments for a hearing as specified herein may be dispensed with by the Council. 10.16 Transferability of License. Each license shall be issued to the applicant only and shall not be transferable to any other person. Each license shall be issued only for the premises des- cribed in the application, and shall not be transferred to another place without the approval of the Council. 10.17 Persons Ineligible for License. No license shall be granted to or held by any person who is: (1) Under twenty-one years of age; (2) A convicted felon, or who has been convicted of violating any law or local ordinance re- lating to the sale~ manufacture or transporation of intoxicating liquors; mOM6 ~~..* (3) A manufacturer of beer or who is interested in the control of any place where beer is manufactured; (4) An alien; (5) Not of good moral character and repute; (6) The holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place (or becomes said holder during the period of this license); or (7) Not the proprietor of the establishment for which the license is issued. 10.18 Places Ineligible for License. Subd. (1) One Year After Violation. No license shall be granted for sale on any premises where a licensee has been con- victed of the violation of this ordinance, or of the state beer or liquor law) or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or re- vocation. Subd. (2) Proximity to Schools and Churches. No license shall be granted for any place within 300 feet of any school or within 300 feet of any church. 10.19 Conditions of License. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance of the Village or State law. 010166 ... A Subd. (1) Minor Consumption and Loitering. No minor shall be permitted to consume beer or to loiter or remain on the licensed premises unless accompanied by his parent or legal guardian. Subd. (2) Sale to Minors or Intoxicated Persons. No beer shall be sold to any intoxi- cated person or to any person under 21 years of age. Subd. (3) Emplo~ent of Minors. No minor under 21 shall be employed on the premises of a beer store or be permitted to sell or serve beer in any "on salett establishment. Subd. (4) Gambling. No gambling or any gambling device shall be permitted on any licensed premises. Subd. (5) Intoxicating Liquors on the Premises. No licensee who is not also licensed to sell intoxicating liquor shall sell, permit or suffer the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxi- cating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxi- cating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permit- ted to be consumed or displayed contrary to this ordinance. 010166 * Subd. (6) Conflicting Interests. No manufacturer or wholesaler of beer shall have any ownership or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes, Section 340.20. No retail licensee and manufacturer or wholesaler of beer shall be parties to any ex- clusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Subd. (7) Federal Retail Liquor Dealer's Tax Stamp. No licensee shall sell beer while hold- ing or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. Subd. (8) License Posted. All licensed premises shall have the license posted in a conspicuous place at all times. Subd. (9) HOn SaleH, Separate Rooms. An non sale" license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or dinners at which are present not less than six persons. Subd. (10) Maintenance of Order. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. 010166 * Subd. (11) Right of Entry. Any peace officer shall have the un- qualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises. 10.21 Closing Hours. No sale of beer shall be made: on any day between the hours of 1:00 a.m. and 8:00 a.m.; on any Sunday be- tween the hours of 1:00 a.m. and 12:00 noon; or on any election day in the Village between the hours of 1:00 a.m. and 8:00 p.m. 10.22 Partitions and Obstructions. All windmvs in the front of any place licensed for beer uon sale" shall be of clear glass, and the view of the whole interior shall be unobstructed by screens, curtains or partitions. There shall be no partition, box, stall, screen, curtain or other device which obstructs the view of any part of the room from the general observation of persons in the room; but partitions, subdivisions, or panels not higher than forty-eight inches from the floor shall not be considered obstructions. 10.23 Clubs. No club shall sell beer except to members and to guests in the company of members. 10.24 Restrictions on Purchase and Consumption. Subd. (1) Age Misrepresentation by Minor. No minor shall misrepresent his age for the purpose of obtaining beer. 010166 * Subd. (2 ),: Indue ing Minor to Buy Beer. No person shall induce a minor to purchase or procure beer. Subd. (3) Procuring Beer for Minor. No person other than the parent or legal guardian shall procure beer for any minorp " ;t- Subd. (4) Minor Consuming Beer. No minor not in the company of a parent or guardian shall have in his possession any beer, with intent to consume same, at a place other than the household of his parent or guardian. Possession of such beer at a place other than the household of his parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his parent or guardian. Subd. (5) Consumption and Display of Intoxicatin~ Liquors. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. 10.25 Revocation. The violation of any prOVlSlon or condition of this ordinance by a licensee or his agent shall be ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquor at such place shall be revoked with- out notice and without hearing. In all other cases, a 010166 * license granted under this ordinance may be revoked or suspended by the council after written notice to the licensee and a public hearing. The notice shall give a least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension or appeal therefrom. 010166 * 10.30 M I L I QUO R S X I N G ~ AND I 1\1 T 0 OTHER X I CAT I 1\1 G B EVE RAG E S 10.31 Definitions. Subd. (1) Business Establishment. The term Hbusiness establishment" as herein used shall not include any place or premises operated under a valid license to sell intoxicating liquors, but shall be construed to mean any room or place or which room or place the public at large is permitted to frequent and which is not reserved or designated for any occupancy of a private nature or character. Subd. (2) Intoxicating Liquor. The term tfintoxicating liquor" as used herein means and includes ethyl alcohol, or dis- tilled, fermented, spirituous, vinous, and malt beverages, containing in excess of 3.2 percent of alcohol by weight. 10.32 Consumption in Public Place. No person shall mix, consume or display intoxie cating liquors in any place where the public is permitted to frequent which is not operated under a valid license to sell intoxicating liquors. 10.33 Serving or Permitting Mixing of Drinks. It shall be unlawful for the proprietor of any business establishment as hereinafter defined, his servant, agent, or employe to directly or indirectly aid in, or to suffer, or to permit the mixing, blending, consumption or display of intoxicating liquors, or to serve or permit the serving of liquids for the purpose of mixing or blending the same with intoxicating liquors to be consumed at such establishment. 010166 C HAP T E R 11 T R A F FIe 11.00 T R A F F I C REG U L A T ION S 11~01 Highway Traffic Regulation Act IncorEorated by Reference The regulatory provisions of Minnesota Statutes 1945, Chapter 169, as amended by Laws 1947, Laws 1949, Laws 1951, Laws 1953, Laws 1955, Laws 1957, Laws 1959, Laws 1961 (including both Regular Sessions Laws and 1961 Special Session Laws), Laws 1963, Laws 1965 and Laws 1967 are hereby adopted as a Traffic Ordinance Regulating the Use of Highways, Streets and Alleys within the Village and are hereby incorporated in and made a part of this ordinance as completely as if set out here in full. 11.02 Obstructing of or Dama~e to Highways Section 160.27, subdivision 5, Minnesota Statutes, 1957 relating to the obstruction of or damage to high- ways is hereby adop-ted by reference and shall have the same force and effect as though set out at length herein. 062767 oJ,. " 11.10 DRIVERS LICENSES AND MOTOR VEHICLE REGULATIONS. 11.11 Drivers License Requirements by Reference, Incorporated No person9 except those expressly exempted pur- suant to state law, shall operate or drive any motor vehicle upon any street or highway in the Village unless he has a valid license as a driver under the provisions of Minnesota law. The following sections of state law are in- corporated in and made a part of this ordinance as completely as if set out here in full: (1) Section 171.05 of l~_nnesota Statutes, 1957 as amended by Laws 1961 and Laws 1963 (pertaining to instruction permits.) (2) Section 111.08 of Minnesota Statutes, 1957, as amended, Laws 1963 (Requiring possession of license while driving.) (3) Section 171.11 of Minnesota Statutes, 1957 (Change of name or address). (4) Section 171.20 of Minnesota Statutes, 1957, as amended by Laws 1961 (Requiring surrender of licenses upon suspension or revocation.) (5) Section 171.22 of Minnesota Statutes, 1957, as amended by Laws 1961 (Fictitious or altered driver's licenses prohibited). (6) Section 171.23 of Minnesota Statutes, 1957, (Renting motor vehicle to unlicensed driver prohibited). 010166 ~ A (7) Section 171.24 of ~linnesota Statutes, 1957, (Driving after suspension or revocation - misdemeanors and certain penalties provided). (8) Section 171.30 of 11innesota Statutes, 1957, as amended by Laws 1959 (Regula- ting driving with limited license.) 11.12 Motor Vehicle Regulations and Chauffeur Licenses - Incorporated by Reference. The following sections and subdivisions of state law are incorporated in and made a part of this ordi- nance as if completely set out .here in full. (1) Section 168.041 of ~linnesota Statutes, 1957, as amended by Laws 1961 (pertain- ing to the impounding of registration plates and certificates). (2) Section 168.36 of Minnesota Statutes, 1957 (Prohibiting the use of unregis- tered vehicles or vehicles with sus- pended or revoked certificates of registration). (3) Section 168.39 of Minnesota Statutes, 1957 (Requiring chauffeur licenses when persons operate vehicles as a chauffeur). (4) Subdivisions 2 and 3 of Section 168.40 of Minnesota Statutes, 1957, as amended by Laws 1959 (Fictitious or altered chauffeur's license prohibited; posses- sion of licenses required). 010166 ..I.. '" 11.20 PARKING REGULATIONS, 11.21 Highway Traffic Regulation Act. The parking restrictions of this ordinance are in addition tp the provisions of Section 11.01 which incorporates by reference the regulatory provisions of the State Highway Regulation Traffic Act, Minnesota Statutes, Chapter 169, as amended. 11.22 General Provisions. Every vehicle parked upon any street with a curb, shall be parked parallel to the curb and with the right-hand wheels of such vehicle within 1211 of the curb. On other streets a vehicle shall be parked to the right of the main-traveled portion thereof and parallel thereto, and in such a manner as not to inter- fere with the free flow of traffic. This shall not ap- ply, however, to any vehicle disabled upon any street, but such vehicle shall be moved to a place of safety, and if such movement is not made, may be impounded, in accordance with Section 6.10, 11.23 Parking for Certain Purposes Prohibited. No person shall, for camping purposes, leave or park a housetrailer on any public street, highway, alley or other right-of-way thereof; nor shall any person park a vehicle upon the street or roadway for the principal purpose of: (1) Displaying such vehicle for sale. (2) Washing, greasing or repairing such vehicle, except such repairs as are necessitated by an emergency. (3) Displaying advertising. 010166 * (4) Selling merchandise from such vehicle, except in a duly established market place or when so authorized or licensed under the Village Ordinances. (5) Storage, or as junkage or dead storage for more than 6 hours. 11.24 Parking Time Limit. No person, except physicians or other persons on emergency calls, shall park a vehicle on any public street, highway or alley for a period of time longer than 30 minutes between 2 a. m. and 6 a. m.; nor in any case, for more than six consecutive hours at any time. 11.25 Snow Removal. No person shall park or leave standing any vehicle upon any street in the Village after a snow- fall of l~il depth or more, until the snmv from such street has been removed or plowed to approximate Village over-all average, and the official depth for the purpose of this ordinance shall be determined by a duly appointed Village official, whose determination shall be final and not subject to appeal. In case any vehicles are parked or left standing on the street in violation of this section, said vehicle or vehicles may be removed in accordance with Section 6.10, by or under the direction of any police officer or Village employee after such officer or employee has attempted to notify the owner to remove such vehicle and it has not been removed. Removal of the car by or under the direction of the Village shall not prevent prosecution under this ordinance. 010166 ~... " 11.30 BICYCLES. 11.31 Definition. I!Bicycle;; includes any device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 20 inches in diameter, and any device generally recognized as a bicycle though equipped with two front or two rear wheels. 11.32 License Required. No person shall ride or propel a bicycle upon any street or sidewalk in the Village unless such bicycle has been licensed and a license tag is attached as provided in this ordinance. 11.33 Procedure. Subd, (1) Application and Fee. Application for a bicycle license shall be made to the Police Department on a form to be approved by the Council. The application shall be accompanied by a fee of fifty cents~ which shall be paid to the Clerk~Treasurer. Upon receipt of such application in proper form and after a determination upon inspection that the bicycle to be licensed is in safe condition and equipped as required by this ordinance, the Police Department shall firmly attach to the frame of the bicycle a numbered license tag furnished by the Village. A registration card with corresponding numbers shall be issued to the owner of the bicycle. A duplicate card shall be retained by the Police Department. 010166 ~ ~ Subd. (2) Expiration. Every license shall expire on the first day of january in the first odd numbered year after its issuance. Subd. (3) Transfer. Within seven days after owner~ ship of a licensed bicycle has been transferred, the new owner shall make application to the Police Department for a transfer of registration, re~ turning the old registration card with his application. A new registration card shall then be issued without charge to the new owner. Subd. (4) Loss of Tag. In case of loss of a license tag, a duplicate tag shall be issued upon payment of a fee of a~enty~five cents. 11.34 Rules for Operation. Subdo (1) Application Motor Vehicle Laws. Every person riding a bicycle upon a street or sidewalk in the Village shall be granted all of the rights and shall be subject to all of the laws applicable to the driver of a motor vehicle by the traffic ordinances of the Village, Section 11.00, except as to those regulations which by their nature can have no application. 010166 Subd. (2) Riding on Seat. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. Subd. (3) Passengers. No bicycle shall be used to carry more persons at one time that the number for which it is designed and equipped. Subd. (4) Attach to Vehicle. No person riding upon any bicycle shall attach it or himself to any vehicle upon a roadway. Subd. (5) Right Side of Roadway. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roa&~ay as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. Subd. (6) Two Abreast. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or roadways set aside for the exclusive use of bicycles. 010166 ~ o Subd. (7) Bicycle Paths. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. Subd. (8) Sidewalk Use. No person shall ride a bicycle upon a side- walk within a business district. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedes- trian and shall give audible signal before over- taking and passing such pedestrian. Subd. (9) Packages. No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars. 11.35 Equipment. Subd. (1) Lights. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the commissioner of highways which is visible from all distances from 50 feet to 300 feet to the rear when direct- ly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. ( 010166 * Subd. (2) Brakes. Every bicycle shall be equipped with a brake which shall enable the operator to make the braked wheels skid on dry~ level~ clean pavement. 11.36 Damagi~ Tags - Using B~icyc~e ~Jithout Permission. No person shall deface, mutilate or remove a license tag attached to a bicycle or use anotheris bi- cycle on a street without the consent of the owner. 11.37 Responsibility of Parents. It is unlawful for any parent or guardian to authorize or knowingly permit his minor child or ward to violate any provision of this ordinance. 11.38 Enforcement. The Chief of Police may suspend for not more than 30 days or may revoke any bicycle license, upon proof that the license has been obtained by fraud or mis- representation or for the violation of any of the terms of this ordinance, but a hearing shall first be held upon five days written notice to the owner of the bicycle. No license shall be issued for any bicycle the license of which has been revoked, until one year after revo- cation unless the bicycle has changed ownership; and no license shall be issued for any bicycle acquired by a person whose bicycle license has been revoked within the year prior to the application for the new license. The Chief of Police may impound any bicycle for the period of suspension or revocation when its license has been revoked or suspended, and he may impound until a license has been secured,any bicycle operated upon the streets of the Village without a license tag affixed. OlOl66 * 11 40 RESTRICTIONS ON USE OF CERtAIN STR~ETS 11.41 Purpose This ordinance is enacted to comply with the order of the Railroad and Warehouse Commission which provided for the establishment and maintenance of a public highway railroad grade corssing at the point where 49th Avenue crosses the right of way and tracks of the Minneapolis, Northfield and Southern Railway and ordered the restric- tion of traffic over said crossing as provided herein, 11.42 Restrictions No person shall drive, operate or move any truck- tractor, road-tractor, semi-trailer, or other commercial vehicle or motor truck over that portion of 49th Avenue North over the right of way and tracks of the Minneapolis, Northfield and Southern Railway. 11.~3 Exemption This ordinance shall not prohibit the use of said crossing by pleasure vehicles, pedestrian traffic and school bus traffic. 11.a4 Notice The Chief of Police shall prepare and post signs g~v1ng notice of the restrictions imposed by this ordinance. The signs shall substantially state as follows: nTrucks prohibited crossing" OiO.l66 11.50 Ol<R DIN A N C E V I 0 L A T ION S ,B'U:-.R:E: A::U 11. 51 Establishment Traffic Violations::.Bureau. There has been heretofore established by resolution of the Judges of the Hennepin County Municipal Court an Ordinance Violations Bureau of the principal Court of the Second Division, to wit: the City of Crystal, 11.52 Authorization to Issue Tickets. The Council hereby confers the power and authority to issue and serve a written or printed notice, hereinafter referred to as a ticket, upon persons charged with ordinance violations, upon the Fire Marshal, Police Chief and all duly appointed and acting police officers, and animal patrol warden, provided, however, that no such persons shall arrest or otherwise take a violator into cusDody, except the Police Chief and police officers may make such arrests as are permitted under the laws of arrest. Such ticket shall be served upon the person creating the violation, the lessee, or person in charge of the premises alleged to be in violation. 11.53 Contents of Ticket. As used herein the term "ticket'! means a written or printed notice served upon the person charged with a violation, Such ticket shall contain the fol~owing: Subd. (1) Name and Address, The name and address of the person creating the violation or the owner or person in charge of the premises at which the violation occurs. Subd. (2) Date and Place. The date and place of violation. 052367 * Subd. (3) Violation Description. A short description of the violation followed by the number and section of the ordinance vio- lated. Subd. (4) Date of Appearance. The date and place at which the tagged person shall appear and a notice that if the person tagged does not respond to the ticket a warrant may be issued for such person's arrest. Subd. (5) Rights. That the person charged may be represented by counsel, that he may plead guilty or not guilty, and that he has a right to a hearing. Subd. (6) Number. All tickets issued pursuant to the terms of this ordinance shall be numbered. 11.54 Payment of Fines. After the service of the ticket and within such time as shall be fixed by Court rule, the person alleged to be responsible for the violation, or his attorney or agent, shall report to the Ordinance Violations Bureau. 11.55 Failure to Appear. If the person charged with the violation does not appear at the bureau within the time, in the manner specified by Court rule, the resident Deputy Clerk shall cause a complaint to be prepared, which complaint shall be signed by the issuer of the ticket, and a warrant issued for the arrest of such person and his appearance in Court. 111066 11.60 E QUI P MEN T V I 0 L A T ION TAG S 11,61 When Equipment Violation Tags Issued, In lieu of the Uniform Traffic Ticket, a police officer may issue a notice of equipment violations tag for the following violations: _obscured license; unlit rear license; head or rear lights or brake lights not operating~or out; turn signals inoperative; windshield wipers, rear view mirror, horn or bumper, not in compliance with Village Ordinances, or lack or or defective license plates, or muffler, 11.62 Notice of Equipment Violation, The notice of equipment violation shall be in such form as prescribed by the Chief of Police, and shall show the vehicle license, the location at which the violation occurred, the make of vehicle and license number, the name and address of the owner and the name and address of the driver, the name and address of the officer issuing the tag, and shall include a statement that the vehicle was being operated with illegal equipment in violat~on of New Hope traffice ordinances and that the owner or operator of the vehicle must, within 5 days after the issuance of the tag, repair and correct the equipment violation and submit his vehicle to any police officer for inspection, If proper repairs and replacements have been made, the inspecting officer shall so note on the tag, which shall be filed with the New Hope Police Department and no further action taken thereon, If the owner or operator of such vehicle does not make the necessary equipment corrections and report the same within 5 days, such driver, owner or operator shall be guilty of a misdemeanor, and subject to arrest and prosecution. 11.63 Form of Equipment Violation Tag. The Chief of Police shall prescribe the size, style and contents of the equ~pment vi~lations tag in conformity with the provisions of the foregoing sections, 092766 C HAP T E R 12 GRIHINAL AND MIS eEL LAN E 0 U S 0 F FEN S E S * CHAPTER 12 CRIMINAL AND MIS C ELL A N E 0 U S 0 F FEN S E S 12.00 C RIM I N A L COD E ADO P TED 12.01 The following provisions of the Criminal Code of 1963, enacted by Laws 1963, Chapter 753 (being M.S.A. 609.01 et seq.) are hereby adopted as the Ordinance prescribing certain misdemeanors, and are incorporated in and made a part of this Ordinance as completely as if set out herein :fu11: GENERAL PRINCIPLES MSA 609.02 Definitions. MSA 609.05 Liability for crimes of another. MSA 609.055 Liability of children. MSA 609.075 Intoxication as defense. ANTICIPATORY CRIMES MSA 609.17 Attempts. MSA 609.175 Conspiracy. CRIMES AGAINST A PERSON MSA 609.22 Assault. CRIMES OF COMPULSION MSA 609.27 Coercion. MSA 609.275 Attempt to coerce. MSA 609.28 Interfering with religious observance. 010166 * CRIMES AGAINST A FAMILY MSA 609.375 Non-support of wife or child. CRIMES AGAINST THE GOVERNMENT MSA 609.40 Flags. CRIMES EFFECTING PUBLIC OFFICER OR EMPLOYEE MSA 609.415 MSA 609.45 MSA 609.465 MSA 609.475 Definitions. Public officer; unauthorized compensation Presenting false claims to public officer or body Impersonating officer CRIMES AGAINST THE ADMINISTRATION OF JUSTICE MSA 609.485 MSA 609.50 MSA 609.505 Escape from custody Obstructing legal process or arrest Falsely reporting crime THEFT AND RELATED CRIMES MSA 609.52 MSA 609.525 MSA 609.53 MSA 609.535 MSA 609.545 Theft. Bringing stolen property into the state Receiving stolen property Issuance of worthless check Misusing credit card to secure services DAMAGE OR TRESPASS TO PROPERTY MSA 609.555 MSA 609.565 MSA 609.57 MSA 609.575 MSA 609.595 MSA 609.60 MSA 609.605 MSA 609.615 Definition Simple arson Attempted arson Negligent fires Damage to property Dangerous trespasses and other acts Trespasses and other acts Defeating security on realty OiO 166 '""'p') ,} .1 Ij ! * FORGERY AND RELATED CRIMES MSA 609.655 Alteration or removal of identification number CRIMES AGAINST PUBLIC SAFETY AND HEALTH MSA 609.66 MSA 609.675 MSA 609.68 MSA 609.685 Dangerous weapons Exposure of unused refrigerator or container to children Unlawful deposit of garbage, litter or like Use of tobacco by children PUBLIC MISCONDUCT A ~mISANCE MSA 609.705 MSA 609.715 MSA 609.72 MSA 609.725 MSA 609.735 MSA 609.74 MSA 609.745 Unlawful assembly Presence at unlawful assembly Disorderly conduct Vagrancy Concealing identity Public nuisance Permitting public nuisance GAMBLING MSA 609.75 Gambling; definitions MSA 609.755 Acts of or relating to gabling CRIMES RELATING TO COMMUNICATIONS MSA 609.78 Emergency telephone calls MSA 609.79 Making anonymous telephone calls MSA 609.795 Opening sealed letter, telegram or package CRIMES RELATING TO A BUSINESS MSA 609.815 Misconduct of junk or second-hand dealers MSA 609.82 Fraud in obtaining credit 010166 ":" t. ~ . ..l:. " 12.10 MIS C E LEA N E 0 U S OFF ENS E S 12.11 Lurking and Lying in Wait. No person in any public or private place, shall lurk, lie in wait or be concealed with intent to do any mischief or to commit any crime or unlawful act. 12.12 Codeine Sales and Possession Subd. (1) Sale of Codeine Prohibited No person shall administer, dispense, sell, barter, exchange or offer for sale, give away, distribute, deliver or supply in any manner, when he knows or can by reasonable diligence ascertain, that such administering, dispensing, selling, bartering, exchanging or offering for sale, giving away, distributing, delivering or supplying in any manner will provide more than six grains of codeine or any of its salts within forty-eight (48) consecutive hours to the person to whom or for \vhose use such preparation is administered, dis- persed, sold, bartered, exchanged or offered for sale except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State. Subd. (2) Possession and Purchase of Codeine Pro- hibited. No person shall within any forty-eight (48) consecutive hours purchase or have in his possession more than six grains of codeine or any of its salts, except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State. . 063066 .1, o 12.13 Glue Sniffing Subd. (1) Prohibition of Inhaling 9 Drinking. Breathing Certain Substances. No person shall inhale~ breathe or drink, or become intoxicated by reason of inhaling, breathing or drinking any substance commonly known as glue~ adhesive, cement~ mucilage, dope, solvents, lacque; drugs, fingernail polish and lacquer, nail polish remover, or thinners for the above~named substances, nor any substance containing toluol, hexane, tri- chloroethylene, acetone, toluene, ethylacetate, methyl ethel ketone, trichoroathane, isopropanol~ methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which con- tains ketones, aldehudes, organic acetates~ ether, chlorinated hydrocarbons, or any other similar in- gredient which releases toxic vapors for the pur- pose of inducing symptoms of intoxication, elation, excitement, confusion, dizziness, paralysis, irra- tional behav.br or in any manner change, distort or disturb the balance, coordination or the audio, visual or mental processes~ Subd. (2) Purchase. Sale or Possession. No person shall, for the purpose of violating or aiding another to violate any provision of this ordinance, intentionally possess, buy, sell, transfer possession or receive possession of any substances defined in Section 12.13, Subd. (1). Subd. (3) Self-Service Display Prohibited. Retail establishments selling glue containing the intoxicating substances defined in Section 1 shall not sell such glue from a self.service display. 063066 ~ n C HAP T E R 13 FRANCHISES 13.00 GAS FRANCHISE The franchise to Minneapolis Gas Company was passed by the Council as Chapter 85, Ordinance 62-12, on November 27, 1962, published in the North Hennepin Post on January 17, 1963, and accepted by the Minneapolis Gas Company on February 8, 1954. The Franchise Ordinance is found ver- batim as Appendix D. 010166 APPENDIX OLD NAl'1E Hillside Avenue Victory Lane Mina Boulevard Town Road 54th Avenue North David Avenue County Road No. 18 Zealand Avenue Bottineau Road APPEf-.1DIX A STREET NA~ffi CHANGES LOCATION Between 30th Avenue North and 32nd Avenue North Rockford Park Addition North of County State Aid Road No. 9 and lying between the New Hope and Crystal Boundary and the right of way of Minneapolis, Northfield and Southern Railroad Between Pennsylvania and Sumter Avenues Howland's Heights Meadow Lake Terrace running east and west * NErrJ NAME Louisiana Avenue North Flag Avenue North Maryland Avenue North Nevada Avenue Nor t h St. Raphael Drive Hillsboro Avenue North Mendelssohn Avenue Nor t h Meadow Lake Place T!']est Broadway Avenue 010166 OLD Nl-\ME Zealand Avenue Meadow Lake Road Meadow Lake Road The Northerly street or ease- ment for road purposes in Reg- istered Land Survey Survey No. 100 Medicine Lake Road County State Aid Road No. 21 Virginia Avenue Nor t h County State Aid Road No. 10 Southview Road rvlaring Street .J.. " LOCATION . l\1Et-J NAIvlE Meadow Lake Terrace running north and south Aquila Avenue North running east and west and lying west of Yukon Avenue North West Meadow Lake Road running east and west and lying east of Yukon6.venue North East Meadow Lake Road ~.7th Avenue North 27th Avenue North 36th Avenue North running east and west 59~ Avenue North in Sullivan's Hillcrest Addition within New Hope 56th Avenue North between Winnetka Avenue North and the most easterly boundary of New Hope Meadow Lake Terrace 58th Avenue North West One Quarter of 29th Avenue North the South One Half of Section 19, Township 118~ Rang 21, - 2 - 010166 OLD NAjyiE Osmer Street Esther Street: Schmidt Street 53rd Avenue North County State Aid Road No.9, also known as Rockford Road County State Aid Road No. 101 Sumpter Avenue North Fairview Avenue Circle lying easterly of and running into Virginia Avenue Sandra Lane LOCATION West One Quarter of the South One Half ,. r. ..... 0 10 T or ueC~Lon . J, own- ship 118, Range 21 West One Quarter of the South One Half of Section 19, Township 118, Range 21 West One Quarter of the South One Half of Section 19, Township 118, Range 21 Sullivan1s Hillcrest Addition Mork-Campion Manor running east and west Mork-Campion Manor East of the Hest boundary line ex- tended of Block 3, Sandra Terrace - 3 - ..;-: NEvI NAJ.VIE 30th Avenue North 31st Avenue North 32nd Avenue North 59th Avenue North 42nd Avenue North 62nd Avenue North Sumter Avenue North 49th Avenue North Virginia Circle 44th Avenue North 010166 OLD NA1:<iE Sandra Lane Hillcrest Court 38th Circle 35th Avenue North 34th Avenue North Ensign Avenue North Decatur Avenue North Flag Avenue North Flag Avenue North Tract C, Reg- is.tered Land Survey No. 968 LOCATION West of West boundary liTIe extended of Block 3, Sandra Terrace Zubeckls Rolling Hills Addition Hipp!s Hopewood Hills Revised Addition Royal Oak Hills 2nd Addition and Royal Oak Hills 4th Addi- tion Royal Oak Hills 4th Addition West Winnetka Park 3rd Addition West Winnetka Park 3rd Addition West Winnetka Park 3rd Addition lying Easterly of a line drawn from the South- westerly corner of Lot 10, Block 7 to the Northwesterly corner of Lot 6, Block 6, of said Addition West Winnetka Park 2nd Addition - l} - * NEVl N.AME A.quila Avenue Boone Court Boone C ire 1e 34th Avenue North 33rd Place Flag Avenue North Ensign Avenue Nor th 31st Avenue North 31st Avenue North Wisconsin Avenue North 010166 OLD NAME LOCATION FairvievJ Avenue Northern Heights Second Addition, be- tween Boone Ave. and Zealand Ave. oJ. " NEV.] NA..ME 49~ Avenue North 010166 .l# " APPENDIX B DETACHED LANDS The following lands are detached from the Village of New Hope: 1. All of Lot 23, "Auditor1 s Subdivision Number 226, Hennepin County, Minnesotaii, except the East 231.9 feet of the South 325 feet thereof and that part of the Northeast Quarter of the Southwest Quarter of Section 5, Township 118, Range 21 described as follows: Beginning at a point on the North line thereof 88.78 feet West of the Northeast corner thereof; thence Southerly, a distance of 225 feet to a point 87.84 feet West of the East line of said Northeast Quarter of the Southwest Quarter; thence West to the West line of the East Quarter of said Northeast Quarter of the Southwest Quarter; thence North along said West line to the North line there- of; thence to the point of beginning. 2. The West Sixty (60) feet of that part of Lot Thirty-one (31), Auditor's Subdivision No. 226, Hennepin County, Minnesota, lying East of Lot One (1), Block One (1), Murray Lane Sixth Addition. 3. That part of Lot Forty (40), Auditor1s Subdivision 226, Hennepin County, Minnesota, described as follows: Beginning at a point in the North line of the Southeast One quarter (SE~) of the Southwest one quarter (SW~) of Section 5, Township 1l8, Range 21, a distance 439.05 feet West of the intersection of said North line with the extension of the East line of said Lot 40; thence South parallel with the West line of the said Southeast one quarter (SE\) of the Southwest one quarter (SW~) a distance of 463 feet; thence West parallel with the North line of said Southeast one quarter (SE~) of the Southwest one quarter (SW~) 196 feet, more or less, to the West line of said Lot 40; thence Northerly along the West line of said Lot 40 and extension thereof to the North line of the Southeast one 010166 7'~ quarter (SE~) of the Southwest one quarter (SW~) of Section 5, Township 118, Range 21; thence East along the North line of said Southeast one -;uarter (SE~) of the Southwest One Quarter (SH~), 167.4 feet, more or less, to the point of be- ginning; all of said property being situated in the County of Hennepin, State of Minnesota. 4. That part of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minnesota, described as follows: Beginning at the Northeast corner of the Southwest Quarter (SW~) of the Southwest Quarter (SW~) of Section 5, Township 118, Range 21, thence Westerly along the North line of the Southwest One Quarter (SW~) of the Southwest Quarter (SW~) of said Sec- tion a distance of 86.45 feet; thence at a right angle South a distance of 383.42 feet; thence at a right angle east to the Easterly line of Lot 39, Auditor's Subdivision No. 226; thence Northerly along the Easterly line of said Lot 39, and the same extended to the North line of the Southeast Quarter (SE~) of the Southwest Quarter (SW~) of said Section 5; thence West along said North line to the point of beginning, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. - 2 - 010166 A P PEN D I X C AN ORDINANCE PROVIDING FOR CIVIL SERVICE PERSONNEL SYSTEM IN THE VILLAGE OF NEW HOPE THE VILLAGE COUNCIL OF NEW HOPE ORDAINS: Section 1. Definitions. context otherwise requires, the the following subdivisions have them. Subdivision 1. Unless the words and phrases defined in the meanings there ascribed to Subd. 2 "Appointing Authority" means the official, employee, council, board or commission empowered by statue, or ordinance to make an appointment to the position referred to in the context. Subd. 3 "Boardll means the personnel board provided for in Se~tibn 4. Subd. (4) "Classified Service" means the positions covered by the Merit System. Subd. (5) "Employee" includes an officer, employee, or other holder of a position in the Village. Subd. (6) "Merit System" means the method provided by Minnesota Statutes, Chap~er 44, this ordinance, and rules adopted thereunder for the employment, promotion, dismissal and discipline of municipal employees.! Subd. (7) "Position" includes any office, employment, or place in the municipal service that may be filled by an employee. Section 2. Establishment. Subject to approval of the voters under Section 17, the Merit System is hereby established. Section 3. Classified Service. Subd. 1. Every employee for offices and positions in the Village employ, now existing or hereafter created, shall be in the classified service except the following: 010166 (a) Any officer chosen by popular election or appointed to fill a vacancy in an elective office. (b) Any official reporter, bailiff, or other employee appointed by any legal court, or judge or justice thereof. (c) Members of any board or commission provided for by statute or ordinance. (d) Village Manager, if any. (e) The employees expressly excluded by Subd. 2 of this section. The following employees are expressly excluded from the classified service: a. Volunteer firemen. b. b. The Village Engineer, Attorney, Clerk, Building Inspector, Assessor, Health Officer and Treasurer. c. Every employee whose compensation from the Village is fixed at less than $200 a year. d. Every employee hired by the day or week to perform unskilled or semi-skilled labor. e. Seasonal employees. f. Any person employed in a professional or scientific capacity to make or conduct a temporary or special inquiry, investigation, or examination on behalf of the Councilor any agency of the Village. 010166 Section 4. Personnel Board. Subd. 1. There is hereby created a personnel board consisting of three members who shall be appointed by the mayor with the consent of the council. Each member shall serve for a term of three years, except that of the members first appointed, one shall be appointed for a term of one year, one for a term of two years and one for a term of three years, each expiring on December 31st; and each shall serve until his successor is appointed and qualified. The first members shall be appointed within thirty days after this ordinance takes effect. The members may be removed by the mayor, with the consent of the council, for cause after written notice and an opportunity to be heard. No member shall hold any other municipal position', Before entering upon his duties each member shall subscribe and file with the Village Clerk an oath for the faithful discharge of his duties. A chairman shall be elected under such rules as the board may adopt. Subd. 2. The board shall hold regular and special meetings as provided by its rules. All meetings and hearings shall be open to the public. Two members of the board shall constitute a quorum. Members shall serve without compensation but shall be paid all necessary expenses. The board shall select a secretary to serve at its pleasure. The secretary may be a member of the board or an employee of the municipality. The board may authorize the payment of compensation to the secretary in a sum not exceeding $100 a year. Section 5. Classification of Position. The board shall, as soon as practical, after its appointment and organization and after consultation with appointing authorities and principal supervisory officials, grade and classify all positions in the classified service, according to the duties and responsibilities of each position and appropriate lines of promotion and it shall allocate each position in the classified service to the appropriate class therein. The titles in the classification system shall be used for original appointments, promotions, payrolls, and all other personnel records, and rates of pay shall be fixed according to the grades of positions established in the classification plan. The board shall prepare and maintain an employment roster on which shall be entered in their 010166 Section 4. Personnel Board. Subd. 1. There is hereby created a personnel board consisting of three members who shall be appointed by the mayor with the consent of the council. Each member shall serve for a term of three years, except that of the members first appointed, one shall be appointed for a term of one year, one for a term of two years and one for a term of three years, each expiring on December 31st; and each shall serve until his Successor is appointed and qualified. The first members shall be appointed within thirty days after this ordinance takes effect. The members may be removed by the mayor, with the consent of the council, for cause after written notice and an opportunity to be heard. No member shall hold any other municipal position-. Before entering upon his duties each member shall subscribe and file with the Village Clerk an oath for the faithful discharge of his duties. A chairman shall be elected under such rules as the board may adopt. Subd. 2. The board shall hold regular and special meetings as provided by its rules. All meetings and hearings shall be open to the public. Two members of the board shall constitute a quorum. Members shall serve without compensation but shall be paid all necessary expenses. The board shall select a secretary to serve at its pleasure. The secretary may be a member of the board or an employee of the municipality. The board may authorize the payment of compensation to the secretary in a sum not exceeding $100 a year. Section 5. Classification of Position. The board shall, as soon as practical, after its appointment and organization and after consultation with appointing authorities and principal supervisory officials, grade and classify all positions in the classified service, according to the duties and responsibilities of each position and appropriate lines of promotion and it shall allocate each position in the classified service to the appropriate class therein. The titles in the classification system shall be used for original appointments, promotions, payrolls, and all other personnel records, and rates of pay shall be fixed according to the grades of positions established in the classification plan. The board shall prepare and maintain an employment roster on which shall be entered in their 010166 * respective classes of employment, the names, ages, com~ pensation, period of past employment and such other facts with reference to each employee in the classified service as the board seems useful. Section 6. Procedure for Appointments. Subd. 1. Every employment or promotion to a position in the clas- sified service shall be made after a competitive examination given by the board or under its direction as provided in Section 7. Subd. 2. The board shall, as the need arises, prepare and maintain lists of eligibles for classes of positions in the classified service in accordance with their standing in examinations, taking into account the credit given war veterans by Minnesota Statutes, Section 197.45. Subd. 3. Whenever a vacancy occurs in a position in the classified service, the appointing authority shall notify the board of the vacancy. The board shall certify to the appointing authorities the three names standing highest on the appropriate eligible list. If two or more vacancies are to be filled in the same class, the board shall certify two or more names in the vacancies to be filled. The appointing authority shall appoint one person from the names so certified to fill each vacancy. Subd. 4. An appointing authority may, to the extent authorized by the rules of the board, temporarily employ persons upon eligible lists but without regard to rank thereon for a period not to exceed ninety... d?ys in emergencies and may provisionally employ persons for not more thanntnety days when necessary because of the lack of eligibles on the eligible list. No person shall serve as a t,emporary or provisional employee for more than ninety days in any calendar year. 010166 * Section 7. ~xaminations. Subd. 1. Every examinaa tion shall be impartial, fair and designed only to test the relative qualifications and fitness of applicant to discharge the duties of the particular positions for which it is designed. No questions in any examination shallre- late to the political or religious convictions or affili- ations of the applicant. All applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety, and integrity, and all applicants for positions requiring special experience, skill or faithfulness shall be especially examined in respect to these qualities. Within these limits, the board may make use of any appropriate testing technique, including oral examinations or interviews. ~ubd. 2. Public notice of the time and place of an examination shall be given by one publication in the official newspaper of the Village at least ten days in advance of the examination and by posting for similar periods at the Village Hall and in two other public places in the Village. A written notice shall also be mailed in advance of the examination to each person who has submitted his application for the position to the board before public notice is given. Subd. 3. It shall be the duty of every employee of the Village to act as an examiner at the request of the board without additional compensation for such service. The board may make use of other qualified persons who are not employees of the Village to act as examiners. Section ,8. Dismissals and Suspensions. Subd. 1. No permanent employee in the classified service shall be dis- missed or suspended without pay for more than thirty days, except for just cause, which shall not be religious, racial or political. No such action shall be taken except after the employee has been given notice of the action in writing. A copy of the notice shall be transmitted to the board. Upon written request made by the employee within fifteen days after receipt of such notice, the appointing authority shall file the charges of inefficiency or misconduct on 010166 * which the dismissal or suspension is based, with the employee concerned and with the secretary of the board and a hearing shall be held by the board thereon after ten days written notice to the employee of the time and place of the hearing. Action of the appointing authority shall be final if no such written request is made within ~ifteen days after receipt of the notice of dismissal or suspension. Subd. 2. The hearing on the charges shall be open to the public and each member of the board shall have the power to issue subpoenaes, to administer oaths, and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. The board shall require by subpoena, the attendance of any witness requested by the employee who can be found in the county. The board may make complaint to the District Court of disobedience of its subpoenas or orders and the Court shall prescribe notice to the person accused and require him to obey the board's subpoena or order, and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the District Court, except that any officer, agent, or employee of the village who receives compensation shall not be entitled to fees or mileage. Subd. 3. If, after the hearing, the board finds that the charges are sustained, the dismissal or suspen- sion shall be final unless an appeal to the courts is taken as hereinafter provided. If the board finds that the charges are not sustained, the employee, if he has been suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the periods of suspension; if he has not been suspended, he shall be continued in his position as though the action had not been brought subject to the right of the appoint- ing authority to appeal as provided herein. 010166 * Subd. 4. Findings hereunder and orders sustain- ing disciplinary action or compelling reinstatement shall be in writing and shall be filed within three days after the completion of the hearing among the records of the board secretary, the secretary shall give written notice of the decision to any employee concerned and to the appointing authority. Section 9. Appeals. Subd. 1. The employee or the appointing authority may appeal to the District Court from an order of the board concerning the employee's dismissal or suspension without pay for more than thirty days by serving written notice of the appeal upon the secretary of the board within ten days after he has received written notice of the board1s order. Subd. 2. Within five days after service of the notice upon him, the secretary shall certify the record of the proceedings, including all documents, testimony and minutes to the clerk of the District Court. The clerk shall then place the cause on the calendar for determina- tion at the next General Term of the Court to be held at the nearest place in the county where the village is lo- cated. The question to be determined by the Court shall be: nHas the order of the personnel board reasonably supported by the evidence?" Subd. 3. The employee or the appointing author- ity may appeal from the District Court to the Supreme Court in the same manner as provided for in other Court cases; but where the council is not the appointing author- ity, no appeal shall be taken by the appointing authority, without the consent of the council. Section 10. Probationary Period. Every person holding a position in the classified service of the village on the effective date of this ordinance and every person subsequently appointed to such a position, shall serve a probationary period of six months. During this period he may be dismissed summarily without compliance with Section 8 but his dismissal shall be in writing and reported to the board. 010166 -'. " Section 11. Rules. Subd. 1. The board shall, as soon as practical after its appointment and from time to time thereafter, adopt rules consistent with this ordinance on the subjects enumerated and subsequent subdivisions of this section in order to carry out the purposes of this ordinance 0 Copies of the rules may be published in the official newspaper or made available at the office of the village clerk in printed form for gen- eral distribution. If not so published, copies shall be posted in a conspicuous place in the village hall and in such other public places as the board shall specify, and no rules of general application with reference to employ- ment, promotion, dismissal or suspension shall be effec- tive until so posted and published. Subd. 2~ The board shall provide by rule for the classification of all positions in the classified service on the basis of duties and responsibilities. Subd. 3. The board shall provide by rule for public competitive examinations, after public notice, to test the relative fitness of applicants for positions. Subd. 4. The board shall provide by rule for the creation and maintenance of lists of eligibles. No name shall remain on the eligible list for more than two years. Subd. 5. The board shall provide for the re- jection of candidates or eligibles who fail to comply with reasonable requirement of the board with respect to _C!f?;e, J:es-tElene-e,---pb~icaL__c_o~J- t ion . .():r. .()the:rw~.i:> ~, or \vl19. .11Clye- - . been guilty of criminal, -inlamousoidlsgraceful conduct, or of any willful misrepresentation, deception or fraud in connection with their applications. Subd. 6. The board shall provide by rule for certification of names to the appointing authority from the appropriate eligible list for appointment, promotion or re-employment. Subd. 7. The board may provide by rule for tempo- rary and provisional appointments. 010166 .'. '" Subd. 8. The board shall provide by rule for promotion based on competitive examination, supplemented by records of efficiency, character, conduct, and seniprity when a passing grade is obtained upon examina- tion. Subd. 9. The board shall provide by rule for the suspension of the appointing authority of any employee in the classified service for a period of not to exceed thirty days for disciplinary reasons. Subd. 10. The board shall provide by rule for the lay-off~ because of curtailment of work or funds, of employees in the classified service and for the conditions under which employees thus laid off shall be reinstated. Subd. 11. The board shall provide by rule for hours of work, holidays, attendance regulations and the annual sick and special leaves of absence for positions in classified service. Subd. 12. The board shall provide by rule for the periodic check of municipal payrolls to determine if all employees being paid by the village have been proper- ly paid and are entitled to such payment. Subd. 13. The board may adopt rules governing its own procedure and such other rules not inconsistent ~,yith Minnesota Statutes ~ Chapter 44.._?pd this ordinance, as may be found necessary to carry out the purposes of this ordinance. Section 12. Apportionment of Expenses of Certain Cases. Whenever the classified service includes employees who are under the jurisdiction of a board or commission with authority independent of the council to appropriate money and to pay bills~ the personnel boardrs expenses incurred in recruiting such employees shall be paid by the independent board or commission concerned; and the board shall provide for the apportionment of general expense of the board between the funds of the council and the funds of the independent board or commission in proportion that the ~umber of full-time employees of e~.ch in the classified serV1ce bears to the total number of full-time employees in the classified service. The Council and each independent 010166 .'. " board and commission shall provide for the payment of all reason- able expenses of the board thus apportioned to it; and the council shall provide for the payment of all reason- able expenses of the board in all other cases. Section 13. Contracts with Other Agencies. With the approval of the councilor independent board or commission responsible in the particular case for the payment of the cost incurred, the board may contract with the state or any other political subdivision, or any public or private agency, for the conduct of competitive examinations, for the fO~jffiulation of classification plans or for the performance of any other technical ser- vice, in connection with the discharge of its duties under this Ac t . Section 14. Veterans Preference Law not Modified: This ordinance does not exclude or modify the application of Minnesota Statutes, Sections 197.45 and 197.46, known as \;The Veterans Preference La\vn. Section 15. Penalties. Subd. 1. No applicant for examination, appointment, or promotion in the classified service of a municipality shall directly or indirectly give, render or payor promise to give, or render or pay any money, service or other things to any person for, or on account of or in connection with his examination, appoint- ment or proposed appointment or promotion. Any person violating this provision shall be guilty of a misdemeanor. Subd. 2. No employee in the classified service shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assist- ance, assessment or subscription, whether voluntary or in- voluntary, for any political purpose whatsoever, or for any political party or affiliate. Any violation of this provision shall be cause for dismissal from the service of the municipality. 010166 * Section 16. Effective Date. This ordinance shall be submitted to the people of the village for their adoption or rejection at the next general or special election of the village. If the ordinance is approved by a majority of the voters voting on the question of its approval at the election, it shall go into effect thirty days after said election. It shall remain in effect until modified or repealed as pro~ vided by law. Adopted by the Village Council of New Hope, January 12, 1960. /s/ M. C. Honsey Mayor ATTEST~ is/ Don Trucker Clerk Published in the North Hennepin Post May 12, 1960. Adopted by the people at a Special Election on ~ay 3, 1960 by a vote of 302 to 228. Is! Don Trucker Clerk 010166 * APPENDIX D CHAPTER 85 ORDINANCE 62-12 AN ORDINANCE GRANTING TO THE MINNEAPOLIS GAS COMPANY, A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO USE THE STREETS AND PUBLIC PLACES IN THE VILLAGE OF NEW HOPE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A SYSTEM OF MAINS, PIPELINES AND OTHER FACIL- ITIES FOR THE MANUFACTURE, DISTRIBUTION AND SALE OF GAS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, AND PRESCRIBING THE RATES TO BE CHARGED THEREFOR, AND REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, INCONSISTENT HEREWITH. VILLAGE OF NEW HOPE Whereas, the Minneapolis Gas Company, a corporation organized under the laws of the State of Delaware, owns property used and useful in the manufacture, distribution and sale of gas in the Village of New Hope; and is operating said property in said Village; and Whereas, the Village Council of the Village of New Hope on the 10th day of December, 1953, adopted an ordinance granting a franchise to the Minneapolis Gas Company, its successors and assigns, for the manufacture, distribution and sale of gas in said Village for a period of twenty (20) years; and Whereas, meetings have been held between representatives of the Minneapolis Gas Company and the Village Council of the Village of New Hope relative to a revision of the franchise previously granted; and Whereas, the Minneapolis Gas Company, as and for con- sideration and compensation for the rights and privileges 010166 * herein granted, has agreed to surrender its present franchise ordinance and has agreed, during the term hereof, to contin- uously supply gas service to the inhabitants of the Village, as provided in this franchise ordinance, and has agreed to perform contractual obligations set forth in said franchise ordinance, and has agreed to pay to the Suburban Rate Authority for the use and benefit of the Village the amount provided in Section 18; and Whereas, the Village Council of the Village of New Hope in cooperation with other municipalities of the suburban area, has determined that it is desirable and to the advan- tage of the consumers of gas in the Village of New Hope that a new franchise should be granted by said Village to said Company upon the terms and conditions expressed herein and that the previous franchise hereinabove referred to should be repealed and all rights and privileges of the Company thereunder surrendered and cancelled except as hereinafter provided. NOW, THEREFORE, THE VILLAGE COUNCIL OF THE VILLAGE OF NEW HOPE DO ORDAIN AS FOLLOWS: Section 1. In this ordinance the terms HMunicipality", i~unicipa1 Council" and "Municipal Clerk" shall mean re- spectively the Village of New Hope, the Council of the Village of New Hope and the Clerk of the Village of New Hope. If at any time the powers of the Municipality, the Municipal Councilor the Municipal Clerk shall be transferred to any other authority, board, officer or officers, then and in such case such authority, board, officer or officers shall have the right, powers and duties herein referred to or prescribed for the Municipality, the Municipal Council and the Municipal Clerk respectively. The term IiCompanyii shall mean the Minneapolis Gas Company, its successors and assigns, and the words "streets and public places" shall mean the streets, avenues, alleys, parkways, roads, squares, parks, bridges, viaducts and pub- lic places in the Municipality. The term ilgasii as used herein shall be held to include manufactured gas, natural gas, reformed natural gas, a mix- ture of natural gas and manufactured gas, or other form of gaseous energy. 010166 * The term "one thousand cubic feet" of gas where used in this ordinance is 1,000 cubic feet of gas measured at temperature and pressure existing at the point of metering, or, when corrected, at 600 F. and 14.5 pounds per square inch, absolute. The term "suburban areaii shall include the cities of Bloomington, Columbia Heights, Crystal, Fridley, Hopkins, Robbinsdale, St. Louis Park and Wayzata; the villages of Brooklyn Center, Brooklyn Park, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenwood, Hilltop, Maple Grove, l.iinnetonka, Morningside, New Hope, Osseo, Plymouth, Richfield, St. Anthony, Shorewood and Woodland; and the area of Fort Snelling. Other municipalities or area adjacent to or near the City of Minneapolis or the "suburban area" may be included in the "suburban area" for rate-making purposes, subject to the provisions of Section 12. The term "Suburban Rate Authority" shall mean an or- ganization consisting of one member appointed by the Municipal Council of each Municipality in the suburban area adopting this ordinance and existing for the purpose of administering the rate provisions of this ordinance. It is empowered to employ consultants and others and shall adopt such rules, regulations and bylaws as will enable it properly to perform the functions herein provided for. Section 2. There is hereby granted to Minneapolis Gas Company, its successors and assigns, for a period ex- tending to January 1, 1983, from and after the acceptance of this ordinance by the Company, and waiver of rights by said Company required by Section 27 hereof, and subject to the terms, conditions and limitations herein stated, the right to manufacture, import, transport, sell and dis- tribute gas for heating, illuminating and other purposes within the limits of the Municipality as the boundaries thereof now exist or as they may be extended in the future, and for that purpose to establish the necessary facilities and equipment and to maintain a manufacturing plant, gas mains, service pipes and any other appurtenances necessary 010166 * to the manufacture, sale and distribution of gas in and along the streets and public places of said Municipal- ity, and to do all things which are reasonable, necessary or customary in the accomplishment of this objective, sub- ject, however, to the further provisions of this franchise. Provided, however, that before said Company shall estab- lish any plant in said Municipality for the manufacture of gas, the approval of the Municipal Council of the location thereof, in the exercise of a reasonable discretion by said Council, shall be first obtained by said Company. If the right or privilege to manufacture, purchase, transport, mix, distribute or sell gas in annexed terri- tory, shall be owned or controlled by the Company at the date of annexation, said right or privilege shall, from and after the date of annexation and during the balance of the term hereof, be exercised and controlled by the pro- visions of this ordinance. The Company agrees to manage its plant and operations in a reasonably efficient and economical manner. The Company also agrees to use due diligence in the matter of the issuance of long-term debt to assure reasonable cost of such debt, provided, however, that this should not be construed as requiring competitive bids on new debt issues. Section 3. The Company shall charge, demand, collect and receive just and reasonable rates, charges and com- pensation as hereinafter provided. The altering, amending or revising of any rates made by the company to obtain com- pliance with this ordinance shall be by the Suburban Rate Authority. The said Suburban Rate Authority exists for the purpose of reviewing gas rates made by the Company and under- taking appropriate action thereon as in this ordinance authorized. ~ Nothing in this ordinance shall prevent the power herein given to the Suburban Rate Authority to alter, amend or revise Company rates from being hereafter delegated, by law, to some other governmental authority. From and after the effective date of this ordinance, the Company shall charge, demand, collect and receive not to exceed the following rates for gas supplied to each customer at one location in the entire suburban area, 010166 * including the Municipality, for each month, except as said rates shall be changed or modified as hereinafter provided, viz: First 300 cu. ft. or less . . . . . . $2.00 Next 3,700 cu. ft. . . . . . 1.43 per M Next 26:1000 cu. ft. . . . . . . . 1.10 per M Next 130,000 cu. ft. . . . . . . . 1.00 per M Next 140:1000 cu. ft. . . e . . . 0 1.00 per M Allover 300,000 cu. ft. . . . . . .90 per M The rates above specified are called iiB10ck Rates". The rates permitted by this ordinance, except as to natural gas furnished industrial customers, are for natural gas having a monthly average total gross heating value of not less than 950 British Thermal Units per cubic foot, and shall continue, subject to adjustment as herein provided. Bills shall be rendered at rates permitted by this ordinance; provided, however, that when a bill is not paid within ten (10) days after a bill is delivered or mailed to a customer, the Company may charge, demand, collect and receive the amount thereof plus ten per cent (10%). The Company may require any consumer of gas to deposit with it a reasonable amount as security for payment of gas used or to be used by said consumer. The Company shall pay interest on the deposit at the rate of six per cent (6%) per annum. (a). The said rates shall remain in force and effect and be adjusted from time to time, as hereinafter provided. In order to avoid undue discrimination between customers the Company may, at the time specified in this section and sub- ject to review in the same manner as is provided in said ordinance, adjust the Block R~tes either by changing the number and size of the blocks or by changing the price variation between the blocks, or both, or by changing the rate form, by submitting at the time of filing the adjusted Block Rates material and data supporting the desirability for such change or changes and the reasonableness thereof. Provided, the Company shall make a rate structure study at least once in each five years hereafter. Provided, further, that the Block Rates for any other type of gas furnished in place of natural gas may be revised by agreement between the Suburban Rate Authority and the Company. 010166 * Nothing herein shall prevent the Company from estab- lishing from time to time during the term hereof lower rates than the rates hereby permitted, and, in addition to the rate schedules contained in this section, from establishing, changing or discontinuing load building, inducement or competitive rates, provided that such rates shall be reasonable for consumers within different classes of service and that a lesser rate to one class of consumers shall not impose an undue burden of cost upon consumers in other classes. The Company shall have the right to contract for the sale of gas for industrial use on an interruptible basis, requiring the customer to have standby equipment for use upon notice by the Company. The Company's rules, regula- tions, schedules or contracts for curtailing interruptible gas service shall be uniform as applied to each class of interruptible customers. (b). The Block Rates specified in this section shall remain in force and effect until January 31, 1963. In the month of January, 1963, and thereafter in the month of January of each year during the remaining period covered by this ordinance, the Company shall decrease the Block Rates, and may increase the same, sufficient to permit and enable the Company to realize Actual. Net Earnings equal to the Allowable Annual Return, as provided for in Section 4, for each calendar year of said remaining period. Increases or decreases in the Block Rates to be made at or about the end of each of the above mentioned calendar years shall be based upon forecasts for the ensuing calendar year of the rates required to permit and enable the Company to realize Actual Net Earnings during said calendar year sufficient to produce the Allowable Annual Return plus past unabsorbed deficiencies therein, or less past unabsorbed overages therein, as the case may be, which may occur after January 1, 1963, under the terms of this ordinance. The Company shall file with the Suburban Rate Author- ity, on or before January 10 of each year, the aforesaid forecasts, together with the Block Rates which are proposed to be effective on bills rendered after January 31 of that year. 010166 ~t. '" Provided, however, in order to minimize or prevent excessive fluctuations in the Block Rates, the Company may additionally once during a calendar year, but not prior to July 15 thereof, adjust the Block Rates in the same manner as provided above for the adjustment of said Block Rates at or about the end of each calendar year. In making increases or decreases in the Block Rates hereunder, fractions of one-half (~) cent or more shall be counted as one cent and fractions of less than one-half (~) cent shall be disregarded so far as the current period is concerned. (c). The Company agrees not to make any change in rates permitted or required by this ordinance either by altering the classification thereof, or otherwise, until after twenty (20) days v notice of any such change has been given to the Suburban Rate Authority. Such notice shall be deemed to have been given when a written state- ment of any change, or changes, in such rates, signed by the Company, shall be filed with the Suburban Rate Author- ity. The Company shall furnish such information, reports and statements relating to any such changes which may be required by the Suburban Rate Authozity. Any change in rates made pursuant to the terms of this ordinance shall be made effective as soon a.s practicable after the expira- tion of each calendar year, subject to the proviso in Subsection 3 (b). Provided, that before any rate estab- lished by the Company for any new class of consumers shall become effective, the Company shall give ten (10) days' similar notice to the Suburban Rate Authority of the estab- lishment of said rate, which may be altered, amended or revised within ten (10) days thereafter as in this section provided. The filing of any notice with the Suburban Rate Authority, as required by this ordinance, shall be deemed notice to this municipality. (d). The Company agrees that any change in rates made by the Company, not in accordance with this ordinance, may be altered, amended or revised, so as to conform to the provisions of this ordinance and according to the terms 010166 ~ ~ thereof, by an engineer, auditor or accountant of the Suburban Rate Authority duly appointed for such purpose. The engineer, auditor or accountant so appointed shall be qualified and experienced in public utility regulatory matters and an employee of the said Suburban Rate Authority. Any such alteration, amendment or revision shall be made by order, stating the reasons therefor, duly served on the Company within twenty (20) days after notice of such pro- posed rates shall be given by the Company, as in this ordinance provided. The Company shall have the right to a prompt hearing and review of such alteration, amendment or revision in the courts of the State of Minnesota, if proper application is made therefor within thirty (30) days after notice of such alteration, amendment or revision, and if such hearing and review is applied for, then until such alteration, amendment or revision shall be finally sustained or altered by such courts, the rate made by the Company shall remain in effect for the period as provided in this ordinance. At the time of making the application for review the Company shall file with the Clerk of Court a corporate undertaking requiring it to refund, rebate or comply with such other relief as said courts may order. At the hearing provided for herein on the issue or issues raised by the aforesaid order the court shall consider all evidence which may be relevant and proper. (e). The Company agrees that when no change in an existing rate is proposed at the time of a rate filing, the said Suburban Rate Authority shall have the power to alter, amend or revise the said existing rate in the manner pro- vided in Subsection 3 (d), if the said existing rate is not in accordance with the provisions of this ordinance. The right of the Company for court review in such instance shall also be the same as provided in Subsection 3 (d). (f). The Company shall not charge, demand, collect or receive a greater or less or different compensation for any service or similar service rendered, or to be rendered, than the rates and charges applicable to such service in effect at the time for consumers in the same class, nor shall the Company refund or remit in any manner or by any device any portion of the rates or charges so specified. 010166 ..!.o .. The Company shall not offer, extend to, or accept from any person or corporation any form of contract or agreement for service that is not regularly and uniformly applicable to all persons and corporations receiving the same or like service. The Company shall not extend, afford or use any rule or regulation, or any privilege or facility that is not regularly and uniformly applicable to all persons and cor- porations receiving service under the same or like con- ditions, except as provided in Subsection 3 (a) hereof. Section 4. It is the purpose of this ordinance to in- sure that the consumer shall pay only a fair, just and reasonable rate and that such rate will permit the Company to make a reasonable return on the capital investment in the business, as hereinafter defined in this Section, under an economical and efficient management of the same. (a). As used in this ordinance, "allowable annual return'; shall mean the amount computed by application of the Hallowable rate of return" to the "allowable rate base'" as defined in accordance with the provisions of Subsection (b), (c), (d), (e), (f) and (g). (b) . The tlallowable rate of return" shall be 6~% during calendar years when the Company's average cost of long-term debt capital at the beginning of the current year is not less than 3~% nor greater than 4~%. Long- term debt shall consist of all debt due over one year after date of issue. The average cost of long-term debt shall be the weighted average effective cost of the outstanding long- term debt at the beginning of the current year. The effec- tive cost of each debt issue shall be computed by dividing the product of the interest rate and principal amount issued by the net proceeds of the issue. The net proceeds of an issue shall consist of the principal amount plus any prem- iums received, less any discounts and issuance expense, and less call premiums when any refunding of an issue results in a lower effective cost of debt. Whenever there is a decrease in the Company's average cost of long-term debt capital below 3~% or an increase above 4~%, the 010166 * Viallowable rate of return" of 6~% shall be decreased or increased by 50% of such decrease or increase. Thereafter, any contra move in the average cost of long-term debt cap- ital shall equal at least 1/10 of one percentage point, and in no event, shall the decrease or increase in the "allowable rate of return" be other than in multiples of 1/20 of one percentage point. (c). The "allo'V7sble rate baseu shall be the sum of the Hfair value of the suburban a:t'ea utility plant" used and useful in the public service as provided in Subsections (d), (e) and (f) and working capital ~s provided in Sec- tion 5, less average contributions in aid of construction and average cash advances for construction, as reflected on the Company's books. (d) . The "fair value of the suburban area utility plantlV shall be the sum of 50% of the average original plant cost including the current year net additions, less depreciation per books, computed on a monthly basis, and 50% of the "reproductioncost ne'{.;rtl plant as defined in Subsections (e) and (f), leg.s depreciation. Depreciation of the 'Ureproduction cost-new" plant. shall be computed by the 'use.o'fthe ratio of the book depreciation re.serve to the original plant gross. cost, plus three (3) percentage points. The 50% weighting of the "reproduction cost newH plant shall be used as long as the Company's ratio of debt capital does not exceed 60% at the beginning of the current year. If it exceeds 60% the 50% weighting of the iJreproduction cost newli plant will be decreased by one percentage point for everyone percentage point increase in .the debt capital ratio above 60%. In such event the 50% weighting of the original plant cost will be increased by each percentage point that the weighting of lireporduc- tion cost new" plant is decreased. (e). ''Reproduction cost n6wu shall consist of the sum of the following amounts: (1) The original cost at the beginning of the preceding calendar year of all plant classified as 010166 * Intangible Plant, Land and Land Rights, and General Plant, excluding Structures and Improvements. (2) The original cost at the beginning of the preceding calendar year of all other plant trended to reflect the Handy-Whitman Index of Public Utility Con- struction Costs (North Central Division) as of July 1 prior to the current calendar year. Each plant account shall be trended by use of the following indexes: PLANT ACCOUNT All Manufactured Gas Production Plant excluding Land and Land Rights. Distribution Plant Structures and Improvements Mains -- Steel Mains -- Cast Iron Pumping and Regulating Equipment Services Meters Meter Installations House Regulators House Regulator Installa- tions Other Property on Premises GE:NERAL PLANT INDEX Total Construction and Equipment (Manufactured Gas) Structures and Improve- ments Mains -- Steel Mains -- Cast Iron Mechanical Equipment exclusive of Gas Holders Services Meters Meter Installations House Regulators House Regulator In- stallations Structures and Im- provements Structures and Improvements Structures and Improvements Any new Plant Account which may hereafter be estab- lished shall be trended in accordance with the appropriate Handy-Whitman Index. (3) The original cost of the gorss plant additions, less retirements, installed in the preceding calendar year. 010166 ,,'c (4) The original cost of the gross plant additions, less retirements, installed during the current calendar year averaged on a monthly basis. (f). At the end of each five-year interval the con- struction cost trends experienced by the Company since the adoption of this ordinance shall be compared with the appropriate Handy-Whitman IndexQ If, after such comparison, the difference between the Handy-Whitman costs and the CompanyVs experience is 15%~ or less, of the total "re- production cost ne'tI7H plant~ the. HandyV~lhitman Index costs will be used for the succeeding five years. If the differ~ ence exceeds 15%, the parties agree to adjust the Handy- Whitman costs to reflect Company experience. In the event the Handy-Whitman Index of Public Utility Construction Costs (North Central Division), or its suc- cessor, is no longer available, another similar Index mutu- ally agreeable to the Company and the Suburban Rate Author- ity will be used. (g) . As used in this ordinance, "Actual Net Earnings" of the Company shall consist of the balance remaining after deducting from the gross revenues of the Company from the manufacture, purchase, mixture, transportation, distribution and sale of gas sold in the said suburban area during the calendar year of 1963, and each calendar year thereafter, the following operating and maintenance costs and expenses connected with the manufacture, purchase, mixture, transpor- tation, distribution and sale of gas sold in the said suburban area during such calendar periods: (1) Production Expenses, including cost of purchased gas; (2) Distribution and Utilization Expenses; (~) Customers' Accounting and Collecting Expenses; (4) Sales Promotion Expenses; (5) An item to cover "Administrative and General Expensesl1 't'7hich shall be the just, fair and reasonable cost to the Company of all of the sube.accounts that are included 010166 "4 " in such Administrative and General Ex- penses, but the aggregate of i'Adminis- trative Salariestl and '1General Incidental Expensesll classified as in the present practice of the Company in the accounts shall not exceed in any calendar year three per cent (3%) of the annual gross revenue, including contributions, gratuities and donations not to exceed three-tenths of one per cent (3/10 of l%) of the annual gross revenue. (6) All taxes and governmental impositions of every nature actually paid by the Company directly to governmental tax collecting agencies or accrued in accordance with general acceptable accounting principles. Any tax other than an ad valorem tax which may hereafter be lawfully authorized and thereafter separately imposed by any municipality shall be added only to the bills of the customers within such munici- pality. (7) An annual allowance, beginning January 1, 1963, for depreciation of depreciable prop- erty owned by the Company and used and useful in rendering gas service in the suburban area for each calendar year during the term of this ordinance of an amount designed to recover the original cost of such depreciable property over the estimated average service-life of each group of prop- erty on a straight-line basis, computed by application of the annual depreciation rates, now used by the Company in recording depreciation on the books of the Company to the original cost of depreciable property included in each of the major property classifications and properly chargeable to depreciation expenses. Provided, however, 010166 ..l. " such annual depreciation rates may be revised periodically so as to reflect all factors bearing on the amount designed to recover the original cost of such depreciable prop- erty over its estimated average service- life; (8) All other actual and proper classes of main- tenance, and operating expenses of the Company; (9) An item to cover taxes, depreciation and return on any plant not included in the suburban area Allowable Rate Base, but which is used and useful in rendering public ser- vice therein. A credit item (deduction from expenses) to cover taxes, depreciation.and return on any plant included in the suburban area allowable rate base, but which is pproperly allocable to rendering service out- side the suburban area, subject, however, to the provisions of Section 1. (10) Annual allowance for amortization of extra- ordinary property losses resulting from change in type of gas, unusual obsolescence or unforeseen property damage. Appropriate items may be amortized or accrued according to accepted accounting practice and, except as otherwise provided in this ordinance for specific items, the actual experience of the Company shall be the determining factor in support of the amounts and rates of amortization or accrual for such items, as such experience gives a definite guide~ All expense items, whether charged directly and entirely in a calendar year or amortized or accrued over a longer period, all revenue items and all balance sheet items shall be, at all times, recorded by the Company in substantial accordance with the Uniform System of Accounts for Gas Util- ities of the National Association of Railroad and Utility Commissioners, except as otherwise provided in this ordinance 010166 ~,~ " and except that installment and carrying charges will be credited to gDoss merchandise sales. The allocation of the Company?s opera~~ng expenses and Plant within and without the suburban area shall be made by the Company in accordance with a formula that reasonably reflects the costs as they occur for rendering service within and without the said area. Any change in such formula made in any rate filing will be specifically referred to in a separate communication filed with the Suburban Rate Authority at the time of the rate filing. When there is a balance in the account for cumulative overage in excess of the allowable return, such balance shall be credited with interest computed at the current prime interest rate. Net refunds (after taxes) from any supplier shall be credited to such account. Overages in such account may be used, by mutual agreement, in such manner as will minimize or prevent violent fluctuations in rates, notwithstanding the provisions of Subsection 3 (b). Section 5. The Company shall be entitled to fair and adequate working capital in an amount determined as follows: As used in this ordinance, ~j\..,.orking capitalH shall mean an amount applicable to the suburban area for the calendar year of 1963, and for each calendar year there- after, equal to the annual average funds invested by the Company during each calendar year in materials and supplies on hand, merchandise accounts receivable, prepayments and deferred charges properly chargeable to operations, plus a cash fund equal to ten (10) days average daily operating expens es and taxes, plus one-eighth (1/8) of the annual operating expenses and taxes, less credits for the annual average of accrued taxes and purchased gas accounts pay- able. The working capital computed in accordance with the foregoing formula shall be included in the Allowable Rate Base as provided in Subsection 4 (c). 010166 ~ .~ Section 6. The Company shall file with the Suburban Rate Authority printed schedules which shall be kept open for public inspection, showing all rates, charges, compen- sation, forms of contracts or agreements made, established or enforced or to be enforced with customers in the suburban area, together with all rules and regulations re- lating to rates, charges or services rendered or to be rendered and all privileges allowed and facilities afforded by the Company to its customers in the suburban area. The Suburban Rate Authority shall have the right at any reason- able time to inspect, examine and audit the accounts, books, records, reports, contracts, documents and papers of the Company. The said Suburban Rate Authority may appoint or designate the person or persons to make such inspection examination or audit. Section 7. The Company shall at all times keep, main- tain and preserve for the suburban area proper and accurate engineering, accounting, financial and statistical records, relating to the construction, cost, maintenance and operation of its property which at all times shall show correctly and in detail all its financial transactions, including all of its receipts and disbursements and the particulars thereof, and all data needful for the preparation of the statements and reports hereinafter provided for. The Company shall, each month, prepare and file with the Suburban Rate Authority the following: (a) A detailed statement of all assets and liabilities of the Company as of the close of the preceding month; (b) A detailed statement showing source and application of revenues of the Company from the sale of gas and of by-products and from all other sources for the preceding month and year, up to and including the preceding month; also all expenditures of the Company during said year; all dividends and interest paid; the cost of all materials used in the manufacture of gas, all operating expenses, taxes and salaries; the cost of all repairs and of all 010166 ~'. " property, real or personal~ by it purchased, acquired, constructed or installed; said statements shall be so prepared as to show the net income of the Company from its regular business and from all other sources and the use or disposition of said income. The Company shall also, from time to time, furnish monthly operating and financial reports and such other information, reports and statements regarding its property and business, and the conduct thereof, as the Suburban Rate Authority may require. All information, reports and statements furnished to the Suburban Rate Authority by the Company shall be certified by the President, Sec- retary or other proper officer of the Company. Section 8. The provisions of this ordinance relative to allowable annual return~ allowable rate of return, allowable rate base and accruing annual depreciation rates fixed under the provisions hereof and other requirements shall be considered as conditions hereof, but no such pro- visions, nor any matter, fact or thing herein contained shall be construed as an admission either by the Municipal- ity or the Company in connection with any proceeding for the acquisition of the CompanyVs property, or any part thereof, under eminent domain or condemnation proceedings, or in connection with any proceeding for the valuation of the Company's property, or any part thereof, during or after the termination hereof, or in connection with any proceeding for the fixing of rates after the termination hereof, to any of which proceedings the Municipality shall be a party. Section 9. In determining "allowable annual return'l, "allowable rate of return!; and 'Hallowable rate base" under Section 4 hereof, the books and records of the Company, and its predecessors, made and kept prior to the passage of this ordinance, shall be used insofar as necessary in applying said Section 4. Section 10. The books of account shall contain an account that may be designated as "Reserve for Depreciation of Utility Plane1i, or similar term, v.7hich shall shmv at all times as nearly as may be the unexpended or unused 010166 ~ ~ balance of accumulated charges to operating expenses on account of depreciation, replacements, renewals or re- tirements. When any property is abandoned or removed, withdrawn~ retired from, or is not used and useful in the public service for any cause, the actual original cost shall be credited to the appropriate capital account~ and such amount plus the cost incidental to said abandon- ment, removal, withdrawal or retirement shall be charged to said reserve, subject~ however, to the provisions of the following paragraph. The salvage value received and any other amounts recovered from said property shall be credited to said reserve. When a substantial segment of the Company's utility property is required to be abandoned and retired from service because of change of type of gas, or unusual obsolescence, or unforeseen property damage and such prop- erty is not fully covered by the depreciation reserve or other reserves or by insurance, then the unrecovered bal- ance of such property shall be credited to the deprecia- tion reserve or other appropriate reserve and be charged to a deferred charge account designated as f1Extraordinary Property Lossesii. Charges to said deferred charge account shall be amortized by charges to operating expenses as provided for in Section 4. If the original cost is not shown by the books and records of the Company or its predecessors, such amount shall be estimated and a record shall be made by the Company showing the facts upon which said estimate was based, the manner in which it was determined and the person by whom it was made, and said estimated amount, together with removal costs and salvage value, or other amounts re- ceived or recovered from said property, shall be accounted for in the manner as hereinabove provided. Section 11. The Company shall at all times keep, maintain and preserve all the books, records and accounts of the Minneapolis Gas Light Company, a corporation orga- nized under the Laws of the State of Minnesota, and the Minneapolis Gas Light Company, a corporation organized 010166 * under the laws of the State of Delaware, the predecesors of the Company, and such books, records and accounts shall at all reasonable times be open to inspection and examination by the Suburban Rate Authority, as provided in Section 6, in respect to the books, records and ac- counts of the Company. The Company shall set up, keep and maintain at all times at its general offices accurate books of account, showing among other things as nearly as may be the actual original cost of the property owned by the Company within the suburban area. For this purpose, the books and records or the predecessor companies (Minneapolis Gas Light Company of Minnesota and Minneapolis Gas Light Company of Delaware) may be used without prejudice to the Suburban Rate Authority in any proceeding where the actual original cost may be an issue. All property added shall be entered on the books at its actual original cost. Section 12. The Company agrees to lay such of its mains and pipes as come within its requirements for service as soon as reasonably possible to do so. The Company shall give reasonable notice to the municipal engineer of plans to lay mains in any part of the Municipality. The laying of such mains shall not un- duly interfere with established municipal planning. Extensions of service beyond the borders of the sub- urban area as herein derined shall not collectively cast any undue burden on the customers in said suburban area. Section 13. The council of the Municipality shall have the right to make such reasonable rules and regu- lations as may be necessary to provide adequate and proper service. The Municipality shall have the power to provide for the inspection, examination and ascertain- ment of the accuracy of any and all gas meters used or intended to be used for measuring and ascertaining the quantity of gas supplied by the Company and to inspect, examine and ascertain the accuracy of recording pressure gauges and of all apparatus for testing and proving the accuracy of gas meters. 010166 * Section 14. The Company shall not opeD or disturb the surface of any street, or public places for any purpose without first having obtained a permit so to do from the proper Municipal officials, for which per- mit the Municipality may impose a reasonable fee to be paid by the Company. The mains, services and other property placed in the streets and puplic places pursuant to such permit shall be located in the streets or portion of the streets and public places as shall be designated by the Municipality. The Company shall, upon completion of any work requiring the opening of any street or public place, restore the same, including the paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two (2) years thereafter in good condition. Said work shall be performed with due diligence and if the Company shall fail promptly to perform and complete the work, to remove all dirt and rubbish and to put the street or public place in good condition, the Muni- cipality shall have the right to put the street or public place in good condition at the expense of the Company; and the Company shall, upon demand, pay to the Municipality the cost of such work done for or performed by the Municipality, together with ten per cent (10 %) additional as liquidated damages. Notwithstanding the foregoing provisions of this section, the Company may open and disturb the surface of any street without a permit where an emergency exists requiring the immediate repair of a gas main or gas service. The Company in such event will request a permit not later than the second working day thereafter. Section 15. Whenever the Municipality shall grade, regrade or change of the line of any street or public place or construct or reconstruct any sewer or water system therein and shal15 in the proper exercise of its police power, and with due regard to seasonable working conditions, order the Company to relocate permanently its mains, services and other property located in said street or public place, the Company shall relocate its facilities at its own expense. In construing this paragraph, the 010166 ..I. ^ obligation of the Company to relocate its facilities shall be applicable to \tVater systems as it is to sewer systems. The Municipality shall give the Company reason~ able notice of plans to grade, regrade or change the line of any street or public place or to construct or recon~ struct any sewer or water system therein. The Company may be required to relocate its faci- lities at its 07./JT:l expense Hher;= grade changes are made by the M~nicip91ity for improved drainage or improved traff~ c "'0"1 dol ~-'i 0',<:; """0"': d"rl hor'~e?Je'''' -1 f !:1 cp"huc.ef1uent _ _ J.. '""" _ ......'-_ L.,_!.J 5 t~'"'- \ L. ._"-, ....... vii . '"-, ~- a !;:JU C). \.f relocation or relocations shall be ordered within ten years from and after the first relocation the Municipality shall reimburse th:2 Company for such non~betterment re~ location expense '\Jhich the Company may incur on a time and material basis. Provided, however, nothing in this ordinance contained shall deprive the Company of its rights under Section 161.46, Minnesota Statutes. Nothing contained in this section shall require the Company to remove and replace its mains or to cut and reconnect its service pipe running from the main to the customer's premLS€S at its own expense where the removal and replacement or cutting and reconnecting is made for the -~urpose of a more expeditious. .operation for- the-construc- tion or reconstrncti.on of said sewer or w-ater. system;. nor shall anything contained -herein relieve any person, persons or corporations from liability arising out of the fail- ure to exercise reasonable care to avoid injuring the Company1s f::lr-ll-ities 'i-7hile performing any \vork connected . . h ,. c.... ' , "'-hl'.c .... t W1C grao1D6, _egranlng or rnauglng L.e _lnc OL any s~ree or public place or with the construction or reconstruction of any sewer or water system. Where the 1~2nicipality orders the Company to relocate any of its facilities, the Company shall proceed with such relocation. If sue h relocation is dOTIe \,lithout an agree- ment first being made as to who shall pay for the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such relocation costs, it shall notify the Municipality within ten (10) days after receipt of such order. 010166 .... " Section 16. The Municipality shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is in- volved, which notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the Municipality is going to start the work, and, if more than one street is involved, the order in which this work is to proceed. Paving or resurfacing of a permanent nature refers only to Portland cement concrete or high type bituminous concrete. The notice shall be given to the Company a suf- ficient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities deemed neces- sary by it. In cases where streets are at final width and grade, and the Municipality has installed underground sewer or water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Companyis main is located under such street, the Company may be required to install gas service connections prior to such paving or resurfacing whenever it is apparent that gas service will be required during the five years following the paving or resurfacing. Section 17. All mains, services, governors and other property and facilities shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the Municipal- ity. The Company shall keep and maintain all of its property in good condition, order and repair, so that the same shall not menace or endanger the life or property of any person. The Municipality shall have the right to, inspect and examine at any reasonable time the property owned or used, in part or in whole, by the Company for the purpose of manufacturing, distributing, furnishing or selling gas in the suburban area. 010166 oJ. " Section 18. The Company agrees to pay to the Sub- urban Rate Authority, effective January 1, 1963, not less than $30,000.00 per year to be allowed as an operating ex- pense to the Corilpany and which shall be used to secure compliance with this ordinance, and for such other pur- poses relating to the Companyis purchased gas costs and gas supply as the Suburban Rate Authority shall deem necessary. The 2mount of such annual payment shall be subject to possibJ.e revision by the Suburban Rate Authority and the CompaDY not oftener than once in five (5) years, if mutually agreed to. Section 19. The Company shall at all times provide and furnish an adequate, safG and continuous supply of gas to the Municipality and its inhabitants, subject, however, to the further provisions of this section. The Company sells and disttibutes gas throughout its entire distribution system. The natural gas distributed by the Company is furnished by the pipeline system owned and operated by Northern Natural Gas Company, a "natural': gas companyll under the Federal Natural Gas Act, which subjects said Northern Natural Gas Company to the juris- diction of the Federal Power Corrmission. The Company shall not be liable to the Municipality or its inhabitants; nor shall the Municipality, or any inhabitant who is a customer of the company, be liable to the Compeny hereunder by reason of the failure of the Company to deliver, or of the Municipality or a customer to receive, natural gas as a result of acts of God, or the public enemy, inability of pipeline supplier to furnish an adequate supply due to an emergency, an order or decision of a public regulatory body or other acts beyond the control of the party affected. Wheneve~ any of the occurences named above take place, the Company shall have the right and authority and it shall be j:l:s duty to adopt reasonable rules and regu- lations in connection with limiting, curtailing or al- locating extensions of se~vice or supply of gas to any customer or prospective customer, and withholding the supplying of gas to new customers, provided that such rules and regulations shall be uniform as applied to each class of customers; classifications of customers shall be reasonable and shall be nondiscriminatory as between municipalities in the suburban area. 010166 * If service is temporarily suspended because of any of the reasons set forth above, occurring through no fault or negligent act on the part of the Company, such suspension shall not be made on the basis of any action or proceeding to terminate this franchise. The quality of the gas sold in the suburban area shall be the same as that sold to the Company1s customers in the City of Minneapolis. The pressure at which gas is supplied and the method and manner of testing the heating value, quality, purity and pressure of the gas supplied, shall be in accordance with accepted national standards. Section 20. The Company shall indemnify, keep and hold the Municipality free and harmless from liability on account of injury or damage to persons or property growing out of the negligent contstruction, maintenance, repair and operation of its property, and in the event that suit shall be brought against the Municipality either independently or jointly with the Company on account thereof, the Company, upon notice to it by the Municipality, shall defend the Municipality in any suit at the cost of the Company, and in event of a final judgment being obtained against the Municipality, either independently or jointly with the Company, the Company shall pay such judgment with all costs and hold the Municipality harmless therefrom. Section 21. Nothing herein shall be construed to limit the right of the Municipality to acquire the property of the Company under any act of the legislature now or hereafter existing, nor under any provisions of law now existing or hereafter adopted. In the event the Munici- pality should desire to acquire the property of the Company by the exercise of eminent domain, as herein set forth, the Company agrees that its value for the purpose of such acquisition shall not include any amount for the value of any rifht, privilege, franchise or grant from the State of Minnesota or the Municipality, for good will, or for future profits, and that in determining said value no regard shall be had to the amounts of stocks, bonds and other obligations of the Company. 010166 * Section 22. The rights and privileges hereby granted are not exclusive and the Municipality expresslj reserves the right to grant like rights and privileges to other persons or corporations. Section 23. If the Company shall be in default in the performance of any of the material terms and con- ditions of this ordinance and shall continue in default for more than ninety (90) days after receiving notice from the Municipality of such default, the Municipal Council may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to the Company. The said notice of default shall be in writing and shall specify the provisions of this ordinance in the performance of which it is claimed that the Company is in default. Such notice shall be served in the manner provided by the laws of Minnesota for the service of a summons and complaint in a civil action. The reasonableness of any ordinance so passed declaring a forfeiture of the rights and privileges granted by this franchise ordinance shall be subject to re- view by a court of competent jurisdiction. Section 24. Any change of the form of government of the Municipality as authorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal corporation suceeding the Municipality shall, without the consent of the Company, succeed to all the rights and obligations of the Municipality provided in this franchise. Section 25. Except as herein otherwise specifically provided, whenever notice is to be given to the Company, such notice in writing, addressed to the President, Vice Presi- dent, Secretary or Treasurer of the company and delivered at the Minneapolis office of the Company shall be service of such notice; and whenever notice is to be given to the Municipality, such notice, in writing, addressed to the Municipal Clerk-Treasurer and delivered at his office, shall be service of such notice; and whenever notice is to be given to the Suburban Rate Authority, such notice in writing, addressed to such Suburban Rate Authority and de- livered to its office or to one of the members of its governing body, shall be service of such notice. 010166 * Section 26. An ordinance entitled !/Granting to Minnea- polis Gas Light Company, its successors and assigns, the right to manufacture, import, transport, sell and distribute gas for heating~ illuminating and other purposes in the Village of New Hope and to use the streets, avenues and alleys thereof for that purposeH, passed on the lath day of December, 1953~ is hereby repealed. Section 27. 7his ordinance shall be null and void unless the Company shall, after the publication thereof and prior to April 1, 1.963, file \'iith the l'1unicipal Clerk- Treasurer a ;;n:ittei1. acceptance of the same and an agreement on its part, signed and acknowledged in its behalf under its corporate seal by its duly authorized officers, to surrender all rights and privileges under the ordinance described in Section 26, and to comply with, abide by, keep and perform all of the terms, conditions and require- ments herein contained upon its part to be complied with or performed, and that the Company will not contest the validity of this ordinance or of any rate or rates which are in accordance with the terms hereof~ except as here- in expressly provided. Section 28. The expense of the publication of this ordinance shall be paid by the Company. Section 29. If this ordinance is not adopted by March 1, 1963, by municipalities in which 66 2/3% of the of the customers of the Company in the suburban area are located, the Municipal Council may revoke the same. The Company agrees to file with the Municipal Clerk on or be- fore March 15, 1963, a sworn statement showing the total number of customers in the suburban area and the total number of customers in municipalities in which the ordinance has been adopted, If this ordinance is revoked the provisions of this ordinance shall be without prejudice to either party in any subsequent proceeding. Section 30. Three years after January 1, 1963, either the Company or the Suburban Rate Authority may request a review of the question of whether the rate formula contained in Sections 4 and 5 accomplishes the 010166 * purpose expressed in the first sentence of Section 4. Such . bOo..... t ..1 , 10 0 h ,.. rev~ew may e ln~~la eu DY maKlng a wrltteTI request t lereIor to the other party during the month of January, 19660 Thereupon, the Suburban Rate Authority and the Company shall review and discuss such question with each other, thoroughly and in good faith~ for a period not to exceed six months. Any change in said rate formula shall be prospective in operation only and shall be made by amend- ment to Sections 4 or 5. Any such amendment to be effective must be adopted before December 1, 1966, by municipalities in which 66 2/3% of the customers of the Company in the suburban area are located and accepted in writing by the Company in the form provided in Section 27 prior to January 1, 1967. In the absence of any such amendment, so adopted and accepted, the rate formula contained in Sections 4 and 5 shall be and re- main in effect during the balance of the term of this franchise. Section 31. If any secL~on, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision, other than the part so decided to be invalid or unconstitutional. Section 32. This ordinance shall take effect and be in force from and after January 1, 1963, and after its publication and its acceptance by the Company subject to the provisions of Section 29. Passed the 27th day of November, 1962. H. C. HONSEY, Mayor, ATTEST: RALPH KIRCHOFF, Village Clerk-Treasurer (Published in The North Hennepin Post January 17, 1963) 010166 ... " APPENDIX E ORDINANCE HISTORY AND CROSS-REFERENCE Old Section Ordinance Date of New Other Number Subject Passed Code Disposition 53-1 Township 9/10/53 Obsolete Building Code 53-2 High\vays 6/10/53 Repealed 53-4 Gas Co.Franchise 12/10/53 Replaced by 62-12 54-1 Detaching Land 7/22/54 Appendix B in 54-2 Firearms 5/13/54 9.20-9.24 Amended by 55-1 and 55-9 54-3 Rubbish 5/13/54 Repealed by 61-5 54-4 Zoning 10/14/54 Repealed by 60-19 54-5 Gas Appliances 5/13/54 Repealed by 66-13 55-1 Firearms 2/24/55 9.20-9.24 Amends 54-2 55-2 Building Code 11/10/54 Obsolete Amendment 55-3 Detaching Land 4/ 1/55 Appendix B if2 55-4 Dog Licenses 4/11/55 Repealed by 60-6 55-5 Cigarettes 5/12/55 8.60-8.64 55-6 Filling Permit 6.23.55 3.100.... Amended by 3.107 64-93 .'~ ^ Old Section Ordinance Date of New Other Number Subject Passed Code Disposition 55-8 Plumbers, vJell- 4/26/56 8.00-8.05 Diggers 55-9 Firearms 10/27/55 9.20-9.24 Amends 54-2 56-1 Load and Lugs 1/26/56 6.00-6.06 Vehicles 56-2 Planning Com- 1/26/56 2.41,2.43 Amended by mission 58-1 56-3 Nuisances 4/12/56 Repealed by 64-17 56-4 Electrical 4/12/56 3.60-3.66 Amended by ltJiring 62-7 65-9, , 6l-2, 61-4, 66-8 56-5 Misdemeanors 44/26.56 Repealed 64-17 56-6 Light Industrial 7/26/56 Repealed Zon ing 60-19 56-7 Building Code 10/4/56 Repealed by 61-6 56-8 Sewer-Sanitary 10/11/56 Repealed by 57-18 56-9 San:t tary Sewer 10/11/56 Chapter 5 Districts 57-1 Sanitation 4/25.57 8.10-8.17 Amended by 57-14 57-2 Fires 2/28/57 Repealed 1b.';9" 65-12 57-3 Zoning 4/25/5-7 Repealed ~,/ 60 -1.9 Old Ordinance Number Subject 57~4 Obstructing Officer 57-6 Bowling Alley 57~7 Constable Abolished 57-8 Beer La\,; 57-10 Brick Facing 57-11 Sewer Charges 57-12 Curfew 57-14 Food Licensing 57-16 Traffic - i57 Code 57-17 Sewer Rates 57-18 Sewer 57-19 Use Charge 57-20 Improvement Bond Fund 58-1 Planning Corrnnission ~'( Section Date of New Passed Code Other Disposition 4/25/57 Repealed 64-17 6/ 6/57 8.80-8.87 5/'23/57 2.24 6/ 6/57 lO.lO- 10.25 5/23/57 Repealed 61-6 5/27/57 Chapter 5 Amended by 57-19 7/25/57 Repealed by 65-7 6L27/57 8.14,8.05 Amends 57-14 7/25/57 Repealed 59-6 10/24/57 Chapter 5 Amended by 58-l3; 60-21 10/24/57 Chapter 5 10/24/57 Chapter 5 Amends 57-11 Amended by 62-4 11/20/57 Chapter 5 Amended by 61-12 1/23/58 2.40 Amending 58-1 oJ. " Old Section Ordinance Date of New Other Number Subject Passed Code Disposition 58..2 Councilmen- 10/ 9/58 2.21 Salaries 58-3 Animals 5/ 8/58 9.115 9.116 58-4 Detachment 7/24/58 Appendix Property B 58-5 Trailer Camp 6/18/58 Repealed 60-19 58-7 Animals-at.. large 5/ 8/58 7.40 58-8 Street Renaming 5/ 8/58 Appendix A 58-9 Civil Defense 5/22/58 2.60...2.68 58..10 Sewer Connec- 8/28/58 Repealed by tion 60-13 58-11 Liquor Dispens- 6/24/58 10.00- ary 10.08 58-12 Radio Zoning 1/ 6/59 Repealed 60-19 58-13 Sewer Rates 9/11/58 Chapter 5 Amends 57-17 58-16 Building Code 12/23/58 Repealed by 61-6 59-1 Platting 2/24/59 Chapter 4 Amended by 59..7 59-2 Zoning Amend- 1/ 6/59 Repealed ment 60-19 59-3 Zoning ~end- 4/14/59 Repealed ment 60-19 * Old Section Ordinance Date of New Other Number Sub;ect Passed Code Disposition 59-5 Well-Drilling 3/24/59 Repealed by 60-5 59-6 Traffic 9/ 1/59 Repealed Regulations 61-17 59-7 Platting Amend- 6/ 2/59 Chapter 4 Amends ment 59-1 59-8 Snow Removal 11/10/59 Repealed 61-17 59-12 Detachment 5/l9/59 Appendix Property B 59-13 Commercial 9/22/59 Repealed Zoning 60-19 59-14 Setbacks 9/1/59 Repealed 60-19 59-16 Side Lot 6/ 9/59 Repealed 61-6 59-17 Park Board 12/ 1/59 Repealed by 61-6 59-18 Platting 7/ 7/59 Chapter 4 Amends 59-18 59-19 Zoning 1/15/60 Repealed 60-19 59-22 Fire Depart- 8/25/59 2.70-2.78 ment 59-23 Sewer Ordi- 9/ 1/59 Chapter 5 Amends nance 57-18 60-1 Sewer 2/23/60 Chapter 5 Connection 60-3 Electrician 4/12/60 Repealed by 66-8 * Old Section Ordinance Date of New Other Number Subject Passed Code Disposition 60-4 Parking 4/12/60 11.20- 11.24 60-5 Hell Drilling 6/28/60 3.120- Repeals 3.132 59-5 60-6 Dog Licensing 8/ 9/60 .].;.,.-2 q Repeals 55.4 60-6 Hater Law 2/23/60 Chapter 5 Amended by 60-22, 61-11, 63-7, 61-15, 65-6 60-7 Excavation 8/ 9/60 9.50-9.55 60-9 Civil Service 1/12/60 2.30 Appendix C 60-10 Zoning 1/19/60 Repealed 60-19 60-11 Impounding 1/26/60 6.10-6.15 Amended by 63-1, 60-17, 61-7 60-13 Sewer Service 4/12/60 Chapter 5 Repeals 58-10 60-13 Water 4/12/60 Chapter 5 Amends 60-6 60-14 Voter Registra- 7/26/60 2.12 tion 60-15 Bui Iding Moving 6/28/60 3.140- 3.144 60-17 Servic e 8/9/60 Chapter 5 Amends Connection 60-13 60-18 Spiking 7/ 5/60 10.30- 10.33 * Old Section Ordinance Date of New Other Number Subject Passed Code Disposition 60..19 Zoning 6/14/60 Chapter 4 Repeals 54-4' 56-6. , , 57-3; 58-5; 58-12' 59-2' , , 59-3; 59-13; 59-14;59-19; 60-10 60-20 Fire Apparatus 8/27/60 Repea lied 65-12 60-21 Sewer Rdte 10/18/60 Chapter 5 Amends 57-17 60-22 't<later Ordinance 11/22/60 Chapter 5 Amends 60-6 60-23 Excavations 11/22/60 Repealed by 64-9 60-24 Zoning 11/22/60 Chapter 4 Amends 60-19 61-1 Street Name 3/14/61 Appendix Changes A ) 61..2 1960 Minneapolis 3/14/61 Repealed by Electrical Code 61-4 61-3 Water 3/28/61 Chapter 5 Amends 60-6 61-4 Electrical 4/21/61 3.62 Amends 56-4 Code 61-5 Fire Prevention 4/11/61 Repealed by 64-12 61-6 Building Code 4/11/61 3.20-3.57 Amended 62-8; 65-10 61-7 Connection 4/11/61 Chapter 5 Amends Charge 60-13 61-8 Dangerous 4/25/64 9.40-9.47 Building .... o Old Ordinance Number Subj ect Date Passed Section of New Code Other Disposition 61-9 Bicycle Licensing 6/27/61 11.30- 11. 38 61-10 Elections 7/l1/61 2.11 61-11 Water Connec- tion 7/18/61 Chapter 5 Amends 60-6 61-12 Improvement Bond 8/ 8/61 Chapter 5 Amends 57-20 61-13 Zoning 9/12/61 Chapter 4 Amends 60-19 61-14 Zoning Set Bac ks 9/12/61 Chapter 4 Amends 60-19 61-15 Water Stub Charge 11/24/61 Chapter 5 Amends 60-6 61-16 Zoning 11/14/61 Chapter 4 61-17 Traffic 11/23/61 Repealed by 64-3 61-18 Zoning - Side- 11/l4/6l lot and setbacks Chapter 4 Amends 60-19 62-1 Insufficient Funds 1/ 9/62 Repealed 6l}-17 62-2 Larceny,Petit 2/27/62 Repealed 64-17 62-3 Zoning 2/27/62 Chapter 4 Repealed 62-3 62-4 Use Charge 3/13/62 Chapter 5 Amends 57-11 and 57-19 62-5 Zoning 5/8/62 Chapter 4 Amends 60-19 * Old Section Ordinance Date of NevJ Other Number Subject Passed Code Disposition - 62-6 Zoning 8/14/62 Chapter L.,l Amen ds 60-19 62-7 Electrical 8/21/62 3.60-3.66 Amends Inspector 56-4 62-8 Building Code 10/ 9/62 Repealed by Adoption by 65-10 Reference 62-9 Roller Skating 11/13/62 8.90-8.95 62-10 Zoning 11/13/62 Chapter 4 Amends Used Car Lots 60-19 62-11 Taxi Cab 1/24/63 8.40-8.48 62-12 Gas Company 11/27/62 13.00 Franchise Appendix D 63-1 Towing 1/22/63 6.13 (2) Amends 60-11 63-2 Lurking 1/22/63 12.11 63-3 Unclaimed Property 1/22/63 6.50-6.53 63-4 Compulsory 2/26/63 Chapter 5 Connection 63-5 Zoning 3/12/63 Chapter 4 Amends 60-19 63-6 Charge C 3/26/63 Chapter 5 Repeals 58-10 63-7 Water Charge 3/26/63 Chapter 5 Amends 60-6 63-8 Zoning 4/23/63 Chapter 4 Old Ordinance Number Subject 63-9 Zoning 63-10 Zoning 63-11 Zoning 63-12 Street Names 63-13 Gas Stations 64-1 Zoning 64-2 Street Names 64-L} Pinball 64-3 Traffic Code 64-5 Dutch Elm 64-6 Swimming Pool 64-7 Gas Piping 64-8 Minneapolis Plumbing Code 64-9 Fees 64-10 Solicitors J.. " Date Passed Section of Ne\v Code Other Disposition 5/14/63 Chapter 4 Amends 60-19 5/ /65 Chapter 4 Amends 60-19 8/27/63 Chapter 4 Amends 60-19 8/27/63 Appendix A 12/10/63 8.20-8.24 1/18/64 Chapter 4 Amends 60-19 3/10/64 Appendix A 4/14/64 8.80-8.87 4/14/64 11.00-11.02; 11.10-11.12 ; 11. 25 6/ 9/64 9.80-9.92 6/ 9/64 3,110-3.115 6/23/64 Repealed 66-13 6/23/64 3.70-3.73 6/23/64 3.00-3.14 8/ 8/64 8.50-8.52 ..... " Old Ordinance Number Subject Section Date of Ne\V' Passed Code Other Disposition 64-12 Fire Prevention 8/ 8/64 Repealed by 65-12 64-13 Drainage Obstruc-10/13/64 Chapter 5 Amended by tion 66-14 64-14 Clerk and Treasurer ll/24/6t." 2.22 64-15 Zoning Changes 11/24/64 Chapter 4 Amends 60-19 64-16 Snow Removal 11/24/6L} 6.32 64-17 Criminal Code 11/24/64 12.00 Repeals 56-5' 57-4' ~ ~ 62-1; 62-2 65-1 Street Changes 1/12/65 Appendix A 65-2 Zoning 3/23/65 Chapter 4 Amends 60-19 65-3 Vacation Streets 3/23/65 6,40-6.44 65-4 Zoning 4/26/65 Chapter 4 Amends 60-19 65-7 Curfe\v 6/22/65 9.30-9.35 Repeals 57-12 65-8 Zoning 7/13/65 Chapter 4 Amends 60-19 65-10 Building Code 7/13/65 3.62(l) Amends and (2) 56-4 7/.13/65 3.48(1) Amends (2) and 61-6 (3) 65-9 Electrical 1,Uring * Old Section Ordinance Date of New Other Number Subject Passed Code Disposition 65~11 Zoning 7/27/65 Chapter 4 Amends 60-19 65-12 1965 Fire 10/12/65 9.00..9.06 Repeals Prevention 64-12 65-13 Zoning 12!-28/65 Chapter 4 Amends 60-19 66-1 Railroad 2/8.66 11. 30- Crossing 11.34 66.2 Street Name 4/12/66 Appendix Changes A 66-3 Zoning 4/26/66 Chapter 4 Amends 60-19 66-4 Zoning 5/10/66 Chapter 4 Amends 60 -19 66-5 Se\Ver Charges 5/10/66 Chapter 5 Amends 60-19 66~6 Codeine Sale 6/30/66 12.12 Prohibition 66-7 Glue Sniffing 6/30/66 12,13 66-8 Electricians 7/12.66 3.62 Amen~ 56-4 Permi t and Repeal~ 60-3 Licenses 66-9 Plumbing Permits 7/12/66 3.71 and Amende 64-8 and Licenses 3.72 Repeals' 55..8 7/12/66 -. 66-10 Zoning Chapter 4 66-11 Park Board 7/12/66 2.51 and Amends Residence 2.53(1) 59-17 Old Section Ordinance Date of New Other Number Subject Passed Code Disposition 66-12 Plumbing Code 7/12/66 3.71 (2) Amends 64-8 66-13 Gas Piping 7/12/66 3.80-3.83 Repeals 54-5 and 64-7 66-14 Drainage 7/12/67 Chapter 5 Amends 64-13 Obstruction 66-16 Ordinance 11/10/66 11. SO Violation Bureau 66-17 Equipment Tags 9/27/66 11. 60 66-18 Mayor & Trustee 9/13/66 2.21 Amends 58-2 Salaries 66-19 Sunday Closing 11/17/66 Repealed 66-20 Kennels & Cat 10/27/66 7.20-7.32 Shelter 66-21 Dutch Elm -11/8/67 9.84-9.91 Amends 64-5 Ammendment 66-22 Electrical-- 3.63 Amend 56-4 Parking Lot Lighting 66-23 Rezoning 12/27/66 4.104 66-24 Plumbing & 12/27/66 3.05 & Amends 64-9 Electrical 3.06 Permit F-ees Old Section Ordinance Date of New Other Number Subiect Passed Code Disposition 67-1 Sewer Service 1/24/67 Charge 67-2 Dutch Elm-- 1/24/67 9.82 (1) Amends 64-5 Forester 67-3 Street 2/14/67 6.60- Excavation 6.76 67-4 Boating on Park 2/14/67 6.80- "Haters 6.82 67-5 Dog Licensing 7/25/67 7.02, 7.05 (3) Amends 60-6 7.08, 7-~ 11 7.14 67-6 Platting--Under- 4/11/67 Amends 59-1 ground Power 67-7 Authorization to 5/23/67 11. 52 Amends 66-16 Issue Tickets 67-8 Brick Facing 5/23/67 3.38 Amends 61-6 67-9 Zoning Amendment 7/27/67 4.78- Amends 60-19 67-10 Traffic Adoption.. 11. 01 Amends 64-3 1967 Laws 67-11 Animal & Nuisance 7/11/67 9.100- Regulation 9.123 Old Ordinance Number 67-12 67...13 67...14 67-15 67...16 67-17 67...18 Subject Platting Amendment (re Ch. 670, L. 1965) Zoning Amendment (re Ch. 670, L. 1965) Industrial Density Regulation Sunday Closing Amended Board of Adjustment and Review (re Ch. 670, L. 1965) Municipal Planning (re Ch. 670, L. 1965) Adoption of Codi- fication Section Date of New Passed Code Other Disposition 4.503(22) Amends 59-1 4.511(1)-(6) 4.521(1)...(5) 5.22 (11) 4.532(5) 4.535 4.544(3)(7) 4.554(1)-(6) 4.580 4.582 4.80, 4.82, Amends 60-19 4.84 4.22,4.23(3),Amends 60-19 4.29(10) 4.63(4) 8.100 Repeals 66-19 4.600- 4.606 4.620- 4.626 App. F. Repeals existing Ord. and enacts Code ~... " APPENDIX F AN ORDINANCE ADOPTING THE CODIFICATION OF NEW HOPE VILLAGE ORDINANCES AND GIVING NOTICE OF THE AVAILABILITY THEREOF. The Village Council of the Village of New Hope hereby ordains~ Section 1. Validity. The codification of ordi- nances of the Village of New Hope contained in Chapters 1 through 13, and Appendixes A through E herein is hereby declared to be the law of the Village of New Hope, made in accordance with Minnesota Statutes ~414.19l (Subd.5). Section 2. ReQeals. All ordinances enacted by the Village of New Hope prior to enactment of the codi- fication of the ordinances contained in Chapters 1 through 13, and Appendixes A through E, are hereby re- pealed, except Ordinances 54-1. 55-3 58-4 59-2 60-19 and 62-12. ' , , , - Section 3. Effective Date. The codification of ordinances and resolutions contained in Chapter 1 through and including Chapter 12 herein is effective from and after the da~0 of public2tion of this adopting Ordinance. Section 4. Notice. Notice is hereby given that copies of this codification are available at the office of the Village l~nggcr. Section 5. Publication of Notice. The Clerk- Treasurer shall cause this ordinance and notice to be published for two (2) successive weeks in the New Hope- Plymouth Post. Passed by the Village Council this 1967. day of , Mayor Attest: Clerk-Treasurer Published in the New Hope-Plymouth Post the , 1967, and the day of day of , 1967. I N D E X Access, Electrical Inspector's Right of. . Access; Parking; Zoning 0 . . . . . . . . Accessory Use; Defined; Zoning~". " " . . . Adoption by Reference: Criminal Code . . . . . . . " Code of Fire Prevention . . . Drivers License Requirements Highway Traffic Regulation Act Minneapolis Electrical Ordinance Minneapolis Gas Piping Ordinance Minneapolis Plumbing Code . . . Motor Vehicle Regulations and Chauffeurs License.. ." . " . 11.12 Agency, Civil Defense. . .. ..... 2.61(1), Agricultural Uses; Defined; Z~ning . . . . 4.92(2) Alley; Defined; Platting . . . . . . . .. 4.503(1) Alleys; Final Plat. . . . . . . . . . . . 4.522(10) Amusement Regulation and Licensing . . . . Chapter 8 Animals .............. . . . Chapter 7 Animal Regulations: Nuisance . . . . . . . . .. ... Minimum Area for Maintaining . . . Running at Large . . . . . . . . . . . Apartment; Defined; Zoning . . . . . . . . Appeals: From Building Inspector . . . . . . . . 3.56 Application: For Building Permit .. .. . . .. 3.01 For Electrical Permit . ... . . . For Plumbing Permit . . . . . . . . . . For Gas Permit .. . . . . . . . . . . Architecture; Performance Standards; Zoning . . . 0 . . . . . . . . . . 00 . Authority, Planning Commission. . . . . . Auto Wrecking Yard; Defined; Zoning . . . Automobile Service Station; Defined; Zoning . . . . . . . . . . . . . . . . 4.92(14) - A - Abatement, Dangerous Excavations . . . . . Abatement, Dutch Elm Disease. . . . . . . 9.53 9.85, 9.86, 9.87 3.65(3) 4.68(3) 4.92(1) . . . 12.00 . . . .. 9.01(1) . . . . . 11.11 . . . . 11.01, 11.21 . . . 3.63 . .. 3.81 . . . . 3.71 (1) 2.63 9.115 9.117 7.40 4.92(3) 3.62 3.72(2) 3.82(1) 4.74 2.43 4.92(6) - B - Base-Streets; Improvement Schedule . . . Backfilling; Private Sewage Disposal . . Basement; Defined; Zoning . . . . . . . . Beer; Defined . . . . . . . . . . . . . . Beginning Service; Sewer . . . . . . . . Beginning Service; Water . . . . . . . . Bicycles ... . . . . . . . . . . . · · Definition . . . . . . . . . . . . . . Enforcement .. . . . . . . . . . . . Equipment . . . . . . . . . . . . . . Expiration . . .. . . .. . . Fee . . .. . . . . . . . . 0 . . License Required . . . . . . . . . . . Parents .. . . . . . . . .. . . Procedure ... .. .. . . . Rules of Operation . . . . .. .. Tr ans fer . . . . . . . . .. . . . Birds Destroying Crops, Destruction of. . Board of Appeal and Adjustment: Variance; Reference to . . . . Board, Civil Defense . . . . . . . . . . Boarding House; Defined: Zoning. . . . . Boating on Park Waters ... . . . . . . Bond, Plumbing Permit . . . .. ... Boulevard; Defined; Platting . . . . ~5,Bowling Alley; License . . . . . . . . · ---Building Code . . . . . . . .. .. . Uniform Building Code, Adoption . . . Bui Idings, Dangerous ... ... . . Buildings, Defined; Zoning . . . . . . . Building Inspector: Appointment and Qualifications . . . . Bond ......... ..... Compensation ....... Defined . . . . Duties . . . . . . . . . . . . . . . Lt.554 (3) 4.505(6) It.92(7) 10.01(2) 5.59 5.171 11.30 11.31 11.38 11.35 11.33(2) 11.33(1) 11.32 11.37 11.33 11.34 11.34 9.24 In .... \'.... } 4 . 84 (2 ) 2.63(3) 4.92(8) 6.80 3.72(4) 4.503(2) 8.70 3.20 3.49(1) 9.40 4.92(9) 2.23(1) 2.23(3) 2.23(3) 1.01 2.23(2) Building Permit: Application . Fees . . . . . . 0 0 III . . . . . . . . 0 . Granting . . . . . . . Buildings; Brick Facing . . . . . . . . . . Ceilings ........ III 0 . 0 0 . D Electrical Installation Requirements . Floor and Roof Loads ........ . Footings .. . . . . . . . . . . . . . Foundations and Walls ........ Height and Area . . . . . . . . . . . . Joists, Rafters and Studdings . . . . . Plumbing Requirements .... . . Space Requirements .......... Ventilation, Doors and Windows .... Burning Regulations . . . . . . . . . . . Businesses, Closed on Sundays . . . . . . Business; Defined; Zoning . . . . . . . . Business, General-GB; District Boundaries. Business, Limited-LB;District Boundaries . Business,Regulation and Licensing . . . . Business, Retail-RB; District Boundaries. Butt Lot; Defined; Platting . . . . . . . Buried Utilities~-Location Improvement Schedule . . . . . 4 ., 0 . . '" 0 . . III III . . .. 0 3001 3.00,3.03, 3.04 3.02 3.38 3.42 3.45 3.39 3.37(1) 3.37 3.35 3.41 3.44 3.36 3.43 9 . 04 ( 7) 8.100 4.92(10) 4.106 !Jr .104 Chapter 8 4.105 1".503(3) 4.553 Compensation: Councilman . Firemen . . . . o . 0 ~ 0 Hayor . . . . . 0 . a . . . 0 0 . . . Planning Commission Members CI . & G 0 Comprehensive Municipal Plan: Adoption of Plan .. .... Capital Improvement . . . . COIDmunity Facilities ... Compliance . . . .. .... Defined . . . . . . . . . . Effectuation Procedure .... Land Use .. ........ Official Map . . . . . . . . . . . . . . . . . . . . . . . . . . Preparation of Plan . . . . . . . . . Transportation . . . . Zoning . . . . . . . . . Connection; Sewers . . . . . . . . . . . Charge A ....... Charge B . . . . 0 . . . $ . & . Chargee ..... (I . . 0 . 0 . . 0 Involuntary . . . . . . . . . . . . . Permits . .. ... . Required ........ Connection; Water: Charge . . . . . (> . . . . .. 0 . Permi t . . . . . . . . . . . 0 . . . 0 Constable; Abolished . . . . . . . . . . Construction, Rules of . . . . . . . 0 . Use of Minnesota Rules . . . . .. Conveyances; Restrictions in Recording Correction of Unsafe Conditions; Gas .. Cost Borne; Sewer . . . . . . . . . . . . Council; Defined .. . . . . . . . . . . Councilman; Salaries .. . . . . . . . . County; Defined ............ Criminal Code Adopted . . . . . . . Cul-de-sac; Defined; Platting . . . Curfew . 0 0 . c . . . . . . . . . . . . Curb and Gutter-=Improvement Schedule . . . . . . . . . . . eo. 2 . 2L~ 2.76(3) 2.21 2.42 4.622(1) 4.621(5) 4.621(4) 4.623(2) 4.621(1) 4.623(1) 4.621(2) 4.621(6), 4.623 (4.) 4.622(1) 4..621 (3) 4.623(3) 5.06,5.12 5.80 5.90 5.110 5.120 5.06 5.03 5.148 5.146,5.147 2.24 1.20 1.26 4.580 3.83 5.07 l.02 2.21 1.05 12.00 4.503(5) 9.30 4.554 (3) (C) - C - Cat Shelters: Defined . 0 0 . 0 . . 0 . 0 . . 0 . Licenses . . . . . . . . . . . Standards for Operation ..... Cats - See'Animal Regulations Ceilings, Buildings ..... . . . . Certificate of Occupancy ... Cesspools; Sei\TerS ....... . . · Chairman: . . . . . . . Planning Commission . . . . . . . · · · Church; Defined; Zoning . . . .... Cigarette License . . . . . . . . . . . . Civil Defense . . . . . . . . · . Defined .... .. . . . . · · . Civil Service . . . . . . . . . . · . · . 7.21(4) 7.22(2) 7.29 3.42 3.55, 4.15 5.04 2.44 4.92(1) 8.60 2.60 2.62(1) 2.30, Appen- dix C 3.04(6) 6.30 6.31(4) 6.31(3) 6.31(2) 6.33 6.31(5) 6.31(4} 6.31(1) 6.32 6.31 6.32 Clean-up Deposit . .. ..... · · · Cleaning, Street . . . . . .. . · . . Costs, Record. . . . . . . . . . . . . Hearing .. (I . . . G Q 0 Cl 0 . 0 IPS Not ice . . . . 0 0 . . 0. .. 0 c e Penalty . . . . . . .. . . . . Quarterly Billing . . . . . · · Record of Costs . . . . . . . . . . . . Resolution, Council . . . . . . . . . . Snow, Ice, Dirt, Rubbish Removal . . . Sprinkling, Flushing . . . . . . . . . Village Removal . . . . . . . . . . Clerk-Treasurer: Audit. . . . . . . . . . . . . . . . . 2.22(2) Combination of Offices .... .. 2.22(1) Defined . . . . . . . . . . .. 1.01 Club or Lodge; Defined; Zoning. . . . 4.92(12) Code, Defined ... . . . . . . . . . .. 1.08 Codeine Sales and Possession. . . . . . . 12.12 Collector Street; Defined; Platting . . . 4.503(4) Compatible; Defined; Zoning . . . . . . . 4.92(13} Construction Requirements--Improvement Schedule; Streets . . . . . . . . . . . 4.554 (3) License . . . . . Standards for Operation . . . . . . . · Dog Licensing . . . . . · . Dogs; Running at Large ......... Doors; Buildings . . . . . . . Drainage; Performance Standards; Zoning 4.73 Drivers Licenses; Regulations ...... 11.10 Drivers License Requirements; Minn. Stats. Incorporated by Reference . 11.10 Drills; Practice Fire . . . . . . . . . . 2.77 Dumping; Private Sewage Disposal. . . . . 5.05(6) Dutch Elm Disease . . . . . . . . . . . . 9.80 Dwelling; Defined; Zoning . . . . . . . . 4.92(15) - D - Damages, Sei:ver . . . . . . . Dangerous Buildings ... . . . Dangerous Excavations . . . Date of Elections . . . . . . . . . . . . . . . . . Definitions . 0 . 0 . . . " 0 . . . . . . Demolition; Dangerous Buildings ... Deposits; Unlawful; Sewers . . . . . . · . Depth Limitation; Private Sewage Disposal. Detached Lands . . . . . . · . . . · . Digging; Excavating; Filling .. .., Director; Civil Defense . . . . . . . · . Dirt, Rubbish, Ice and Snow Removal; Streets . . . . . . . . . . 0 . . . . 0 Discharging Firearms .......... Diseased Animals; Destruction . · . . . . Disposal; Private System . . . . . . . . . Disposal; Public Sanitary Sewer . . · . . Districts; Zoning . . . . . · . Defined . . . . . . . . O. . . . . · . Minimum Reouirements . Exceptions to Minimum Dog Kennels: Defined . . 0 . . . . . . . Requirements c . 00 0 o . . 0 . . 000 . 0 . . . 5.19,5.22 9 . L~O 9.50 2.11 1.00 9.43(3) 5.02(1) 5.05(11) Appendix B 3.100 2.63(2),2.64 6.32 9.20 9.22 3.47(2) 3.47(1} 4.20 4.21 L~. 22 4.23 7.21(2), 4.92(14) 7.22 1.28 7.00 7.04 . . 3.43 - E - Easements; Defined; Platting .. ... Elections .. . . . . . . " . . . Electrical Code . . . . . . . . . Access; Electrical Inspector's Right of .... eo. 0 . . , . . Adoption, Minneapolis Electrical Ordinance . . . . .. ... . . Application for Permits . .. ... Certificate of Insurance o. . Fees ........ c . . . . . . . . Inspector, Electrical . . . . . . . Minneapolis Electrical Ordinance, Adoption . 0 . . .. . 0 . . . . Penalty . . . . . . . . . . Permits . . . . . . 0 . . . . . . . Qualifications for Permits .. .. Qualifications of Inspector .. .. Electrical Inspector . . . . . . . . . . . Electrical Installation Requirements; Buildings 0 0 . . . . 0 . . 0 . . . 0 . Electrical Permit Fees ..... . . . E 1 ev a tor s .......... . . . . . . Elevation; Sewer . . . 0 0 . . . . 0 Elm Disease . . . . . . . . . . . Elimination of Weeds . . . . . . . . . . . Emergency, Civil Defense ........ Encroachments; When Permitted . . . . . . Enforcement; Zoning . . . . . .. . . Equipment Violation Tags . . . . . . . . . Estimated Bills; Sewer . . . . . Excavating, Filling; Digging ..... Excavating, Streets . . . . . . . . . Excavations; Dangerous. .. .. . Exits; Building . . . . . . . . . Explosives; Performance Standards; Zoning . . . . Cl 0 . 0 . . G " . . . . Exterior Storage, Performance Standards; Zoning . . .. . . o. . O. 0 0 . . . . . 4.503(6) 2.10 3.60 3.65(3) 3.63 3.62(2) 3.62(5) 3.66, 3.05 3.65 3.63 3.67 3.62 3.62(3) 3.65(1) 3.65 3.45 3.05 3.49(3) 5.09(3) 9.80 9.70 2.62(2), 2.64(8) 4.12 4.200 11.60 5.58 3.100 6.60 9.50 3.36(3) 4.75 4.61 Family; Defined; zoning. . . . . . 4.92 (16) Fees, Building Permit. . . . . . . . . . . 3.00, 3.03, 3.04 Electrical Permit. . . . . . . . . . . 3.05 Digging and Excavating Permit . . . . . 3.09 Gas Fitting Permit . . .. .. . . 3.07 House Moving Permit. . . . . . 3.08 Plumbing Permit. . . . . . .. .. 3.06 Sewer Permit. . . . . . . . 3. 11 Swimming Pool Construction Permit ..... 3.14 Water Connection Permit.. ,... 3.12 Well Drilling Permit. . . . . . 3.13 Feminine and Masculine Gender, Construction of . . . . . . . . . . . . . Filing Conveyances; restrictions . . . . Filling, Excavating,Digging . . . Final Plat Defined. . . . . . . . . . . . . . . . 4.503 (7) Form for Council Approval , .... 4.522 (15) Necessary Data . . . . . . . . . 4.522 Procedure .. ..... .... 4.521 Recording . ... ....... 4.521 (5) Fines, Penalty . . . . . . . . . . . . , . 1.41 Fire Chief Defined . . . . Election . . . . Responsibilities Fire Department Defined . . . . . .. ....... 1.03 Volunteer Fire Department. . . . . . . 2.70 Fire Marshall Election . . . . Responsibilities -F- . . . . . . . . . . . . . . . . . . " 0 . . 1. 22 (2) . 4.580 . 3.100 . 1.03 , 2.72 . 2.74 . 2.72 . 2.73 Fire Regulations Adoption Fire Prevention Code 9.01 (1) Amendments to Fire Prevention Code " . 9.04 Bureau of Fire Prevention ..... 9.02 Burning Regulations . . . . . . . . . . 9.04 (7) Code, Fire Prevention. . . . . 9.01 Definitions . . . . . . .. ..... 9.01 (2) Districts, Fire Prevention . . . . . . 9.03 Explosives, Storage. . . . . . . . . . 9.03 (1) Flammable Liquids, Storage . . . . . . 9.03 (2) Gasoline Sales and Storage . . . . . . 9.04 (8) Inspectors . . . . . . . . .. .. 9.02 (2) Marshall . . . . . . . . . . 9.02 (1) Penalty. ... ........ 9.06 Permits . . . . . .. ... 9.05 Petroleum Gases, Storage . . . . . 9.03 (3) Report . . . . . . . .. ..... 9.02 (3) Firemen. . . 0 . . ., . . . . . . 2.76 Fires; use of water during . . . . . . 5.162 Floor and Roof Loads, Buildings ..... 3.39 Floor Area; defined; zoning. . . . . . . . 4.92 (17) Food Handling License. . . .. 8.10 Care of Premises . . . . . . . . . 8.13 (1) Fees ... . . . . . . . 8.12 Ic e . . . . . . . . . . . . . .. . 8. 12 . (4) Inspection . . . . . . . . 8.14 Packaged Goods . . . . . . . . . . 8.12 (3) Persons Handling Foods ........ 8.13 (2) Regulations . . . . . .. ..... 8.13 Requirement of License . . . . .. 8.11 Restaurants . . . . . . . . 8.12 (6) Retail Stores. .. ... .8.12 (5) Soda Fountain. . . . .. . 8.12 (1) V e h ic 1 e s, F 0 0 d . . . . . 8. 12 ((I)) Footings, Buildings . . . . . . 3.37 Forester, Dutch Elm Disease. . . . . . . . 9.82 Fowl, Minimum Area for Maintaining . . 9.117 Front. Feet; Water; Determination of .. 5.152 Future, Past, Present Tense . . . . 1.22 (3) - G - Gambling; Municipal Liquor Dispensary . . . .. . . ~ D ~o , ~ 0 varage; eIlneo; ~onlng . . . . . . . . . . Garbage: Defined; Public Nuisance ..... General; Public Nuisance . . . . . . . Defined; Sewers ........ . . . Gas .Appliances; Piping and Equipment . . Gas Company Franchise ......... Gas Fitting Permit Fees . . . . . . . . . Gasoline and Oil Licenses . . . . . . . . Fees ... 00 . . . . .. 0... Ins pec t ion ............. License Requirement . . . . . . . . . PtlInpS .. 0 . . 0 0 0 ell . GO. 0 . . Safety Precautions .. .... Station . . . . . . ell e 0 0 Q Cl . Storage Plant .... ...... Gender; Number and Tense; Construction of . . . . . . . . . . . 0 .. . . . . General Business-GB; District Boundaries. General Industry-GI;District Boundaries . Glare; Performance Standards, Zoning . . Glue Sniffing . . . . . . . . . . . . . . Government . . . . . . . . .. ... Green River Ordinance . . . . . . . . . . 10.07(4) 4.92(18),(19), (20) 9.101 9.100 5.01(11) 3.80 13.00 3.07 8.20 8.23 8.22 8.21 8.23(2), (3) 8.24 8.23(1) 8.23(4) 1.22 4.106 4.l08 4.66 12.13 Chapter 2 8.50 - H - Hawkers; Solie itors . . . . .. · . · Headings of Sections .... . . . . . . Height and Area; Buildings ....... Highway Traffic Regulation Act; Incorporation by Reference . . . . . . Highways; Obstructing or Damage to . . . Holiday; Business Closing ....... Home Occupation; Defined; Zoning . · · . Horses; Maintaining; Nuisance. . . . . . Horses, On Public Streets ... .. Hotel; Defined; Zoning . . . .. · · House Moving Permit Fees ........ House Services-Utilities; Improvement Schedule . . . . . . , 8.50 1.24 3.35 11.01 11.02 8.100, 8.102(4) 4.92(21) 9.115 9.116 4.92(22) 3.08 4.552 - I - Ice; Food License . . . . . Ice; Snow; Dirt and Rubbish Removal; Streets . . . . . . . . . · . Immunity; Governmental for Civil Defense . . . . . . . e . . . . . . 0 Impounding of Vehicles . . . . . . . Authority to Impound . . . . . Bids; Poundkeeper .. . · . . . . . . Bond; Poundkeeper . . . . . Contract; Poundkeeper . . . . . . . . Fine or Penalty . . . . . . · Insurance; Poundkeeper . . . . . . . . Poundkeeper .... · . . . . . . . . F.e1ease . . . . . . . . . . . · · . · Removal . . . · · . . . . · . . . F..eport . . c . . . . . It . . 0 · Restrictions While Impounded . Towing and Storage Charges .. .. Work on Vehicle . . . . . . ... Imprisonment; Penalty ........ Industrial Wastes; Sewers. . . . . . · · . . . Inspection; Food License . · . . . · Installation of Meter; Sewer . . . . . · Interceptors; Grease, oil and sand; Se'\vers ............. Interference with Fire Department . · . . Intoxicating Liquor and Beer; Defined . · 8.12(4) 6.32 2.67 6.10 6.11 6.14(1) 6.14(4) 6.14(2) 6.15 6.14(5) 6.14 6.13(3) 6.13(2) 6.13(4) 6.13 6.14(3) 6.13(1) 1.41 5.18,5.01(10), 5.53 8.14 5.55 5.17 2.78 10.01(1) - J - Joints, Sewer . . . . . · . . . Joists, Rafters and Studdings; Buildings . . . . . . . Junk Yard; Defined; Zoning - K - . 0 . " . . G . 5.11 3.41 4.92(23) - L - Landscaping; Performance Standards; Zoning . 0 . . . . 19 0 . 0 . GO. Large Units, Sewer Rates and Charges Licensing; Business and Amusement Procedure . . . .. ....... Application . . . . . . . . . · · Fee . . .. .. o. . . . 0 CI Issuance of License . . . . . . · . . Responsibility . . . . . .. · . . Revocation . . . . . . . . . . . . · · Term of License , . . . . . . . · Tr ans fer . . . . . . .... · . · License, Water . . . .. . . . · Lift s, Sewer .......... · · · · Lighting, Street .. . . . . . . . . . · Assessment . . . .. .. · · Council Resolution ......... Determination of Location . . . · Hearing . e . 0 . DO. 0 . 0 0 0 D . ~lotice ..... 0 . 0 . . . . . 0 0 Quarterly Billing . . . . . . . . · . Record of Costs .. .. ... Limited Business-LB: District Boundaries .. Limited Industry-LI: District Boundaries . . . . . . . Lines, Sewer . . . . . . . .. · . . Liquor Dispensary, Municipal . . . · . · Audit .. . . . 0 0 00 0 . . . 0 Beer .. 0 . . 0 0 0 . . . . . . . . Conditions of Operation . . . . . . . Credit Sales . . . . . . . .... Definitions . . . . . . . . . . . · · Dispensary, Establishment . . · . Emp 10yees . . . . . . . . · · . · · . Fund, Dispensary . . . . . . · . . · . Gamb 1 ing ......... ... . . 0 0 0 4.64 5.53 8.00 8.02 8.05 8.03 8.08 8.06 8.04 8.07 5.145 5.09(4) 6.20 6.24 6.21(1) 6.21 6.21(3) 6.21(2) 6.23 6.22 4.104 4.107 5.08 10.00 10.05(3) 10.01(2) 10.07 10.07(9) 10.01 10.02 10.04(2) 10.05 10.07(4) Hours of Operation . . . . . . . . . · Intoxicating Liquor and Beer; Defined . . . . . . . . 0... Loc a t ion .............. Manager . . . . . . . . · . · · . Minor . . 0 . 0 0 . . 0 0 . 0 I) 0 Off Sale . . . . 0 . . . . . . 0 . . · On Sa Ie DO' . . . . 0 . . · . . Operation . . . . . . . . . . · · · . Pool Tables ........... Litter 0 . . . . C . 0 . . . 0 0 . . · · Load Limits; Streets .... ... · Lodging Room; Defined; Zoning . . . · · · Lot; (of record); Corner; Front of; Line; Width; Defined; Zoning . . . . · Defined; Platting . . . . . . · · · · Lugs; Streets; Prohibited. . . . . . Lurking and Lying in Wait . . . . . · . . 10.06 10.01(1) 10.03 10.04(1) 10.01(6), 10.07(6) 10.01(4) 10.01(3) 10.04 10.07 9.100 6.00,6.02 4.92(24) 4.92(25) -(29) 4.503(8) 6.03 12.11 Maintenance; Performance Standards; Zoning . . . . . . . . . . . . . . . . 4.65 Manufacturing Uses; Defined; Zoning . . . 4.92(30) Masculine and Feminine; Rules of Construction . . . . . . . . · Mayor: Defined ... 0 . 0 . . . . eo. · · Sa lary . . . . . 0 . . . . . . . 0 0 · Medical Uses; Defined; Zoning . · · . . . Meter Flow Charges; Sewer . . . . . · . . Meter Installation; Sewer .. . . · . · · Metering; Sewer . . . · · . .. · . · Meters; Water . . . · . . . · . . · · · . Minimum Charges; Sewer . . . · · · . . · · Minimum Standards; Defined; Platting Minneapolis Gas Piping Ordinance; Adoption by Reference . . . . . . . .. 3.81 Minneapolis Electrical Ordinance; Adoption by Reference . . . . . . . . . 3.63 Minneapolis Plumbing Code; Adoption by Reference .. . . . . ., ... 3.71(1) Minnesota Rules of Construction .... . 1.26 Minor Street ;--~Defined; Platting . . . 4.503 (10) Minors; Sale of Liquors .. . . . . . . . 10.07 Misdemeanor . . . . . . . . . . . . . .. 1.41 Mixing Intoxicating Liquors and Other Beverages. . . .. . . . . . 10.30 Motel; Defined; Zoning. . . . . . . . . · 4.92(32) Motor Vehicle Regulations; Incorporation by Reference . . .". . . 11.12 Multiple Residence-MR: District Boundaries . . . · .. .. Des ign; Zoning Standards . · . . · Water Rates . . . . . · . . . . · . . . Municipal Liquor Dispensary - See Liquor Dispensary, Municipal - M - . . .1.22(2) 1.01 2.21 4.92(31) 5.52(3) 5.55 5.54 5.168 5.52(1) 4.503(9) 4.103 4.78 5.169(2) - N - Narcotic Drug . . . . Non-Conforming Uses ... Defined . 0 . . . . . . Nuisance Characteristics; Performance 8tandards; Zoning. . Defined; Zoning . .. . .., Nuisance, Public: Animals . . . . . . . · '" . · Dangerous Buildings ........ Dangerous Excavations · · . Dutc hElms . . . . . . . . . · . . · Unwholesome and Unhealthy Litter ltJeeds . . . . . . . . . . 0 · · . Number, Gender and Tense. . . . . . ..00... o . . . 0 . 0 . . . - 0 - Obstructing Waterways . . . . . · . Occupancy, Certificate of .. . . . · . Office Uses; Defined; Zoning · . · . . . Of fic ia 1s, Def ined .... · .,.....,..... Off-Street Loading; Performance Standards; Zoning Defined; Zoning. · Off-Street Parking Requirements .... Oil and Gasoline Licenses - See Gasoline Open Sale Lot; Defined; Zoning . . Operating Fund; Sewer . . . . . . . · . Ordinance Violations Bureau . · . . . . Outdoor Toilets ............ Owners Certificate; Final Plat . . · . · 8.62(2) 4.13 4.92(33) 4.77 4.92(34) 9.100 9.42 9.52 9.83 9.100 9.71 1.22 3.52 3.55 4.92(35) 1.01 4.69,4.92(36) 4.68(8) 4.92(37) 5~63 11.50 3.47(3) 4.522(13) - P - Packaged Goods; Food License. . . · . . Parking; Performance Standards; Zoning 0 . . . . . . . . . . . . . 0 Parking Regulations ..... . . . . . Time Limit .. . . . . . . . . . . 0 Parking Space; Defined; Zoning . .. Past, Present and Future Tense · . . . · Payment; Building Permit Fees · . · Payment; Water Charges . . . .. .. Pedestrian Traffic; Performance Standards; Zoning ..... Pedestrian Way; Defined; Platting . . . Peddlers, Solicitors ......... Penalty, General ..... . . · · Building Code .... . · . Electrical Code . . . . . . . . . . . Performance Standards; Zoning . . . · . Permits, Building: Application ............ Electrical . . . · . . . · . . . . . Filling, Excavating . · . . . · · · · Fees. . . . . . . . 0 0 Ga s ....$o. 0 . e 0 0 It Gr an tin g . . . . . . · . .. · . Permits, Water Connection . . . . . . . Permitted Uses, Zoning Districts · · . . Person, Defined . . . . . . . . . . · . Pinball Machines, License . . . . . . · Definition . . . . . Fee ................ Form and Display .. ..... . Gambling Prohibited . . . · · · · . . License Required . . . . · . Minors Operating Prohibited . . . . . Revocation . . . . . . . .. . · Pipe Specifications; Sewer . . . · 8.12(3) 4.68 11.20 11.24 4.92(38) 1.22(3) 3.03(1) 5.153 4.72 4.503(12) 8.50 1.40 3.57 3.67 4.60 3.01 3.62 3.101 3.03,3.04 3.82 3.02 5.146,5.147 4.36 1.23 8.80 8.81 8.83 8.84 8.85 8.82 8.86 8.87 5.09(1) Plan, Civil Defense . . . . . . . . Planned Developments, Exceptions to Minimum Requirements Zoning . . . . Planning Commission . . . . . . . . . Abolition . . . . . . . . . . . . Advisory .............. Authority .. .... .... Chairman ..... . . Composition . . . . . .. .... Councilman as Nember . . . . . . . Dut ies . '4 . .J . ... . . . .. . . . " . co. . . . . . .. 0 . . Establishment . .. ....... Meetings . . . . . . . . . . . . . . . Minutes . . . . . . . . . . . Numbers of Members . . . .. ... Organization . . . . . ... . . . Purpose . . . . . . . . . 0 . . 0 . . Secretary .. . . . . . . Special Meetings . . . . . . . Term of Office ... .... . P1att:i.ng: Alleys . . . . . . . Agreements and Bonds . .. .. . . Blocks - Dimensions ... . . . . . . Building Permit; When Not issued; If Platting Required . . . . . . . Capital Improvement Program; Defined . . . . . . . . . . . . . . Carrying Streets to Boundaries . . . . Community Facilities Plan; Defined Comprehensive Municipal Plan . Adoption and Amendment . . . . . . Compliance with Plan. . . . . . . . Definitions . . . . . . . . . . . . Plan Effectuation Procedure ... Preparation of Plan . . . . . . . . Conform Streets to Map . . . . . . . . Continuation of Existing Streets . . . Cul-de-sac; Final Plat. . . . . . . . 2 . 64 ( 3 ) 4.23(9) 2.40 2.41 2.43 2.43 2.44 2.42 2.42(3) 2.43 2.41 2.45 2.46 2.42(1) 2.44 2.43 2.44 2.45 2.42(2) 4.535(1)(a); 4.522(10) ", 4.560 4.535(3) 4.564 4.621(5) 4.532(4) 4.621(3) 4.620 4.622(2)(3) 4.623(2) 4.621 4.623(1) 4.622(1) l,t.532(5) 4.532(2) L~.522(11) Definitions - Platting . Development Contract . Easements: Utilities . . . ...... . . Drainage . . . . . . . . . . . . . F ina 1 Plat . . . . ....... . Form for Council Approval; Final Plat ....... . . . . . . . . Half Streets . . . . . . . . . . . . . Improvement Schedule . . . . . . . . . Base; Streets . . . . . . . . . . . Buried Utilities; Location . . . . Concrete Curb and Gutter; Streets ...... . . . . . . Construction Requirements; Street. Faulty Work . . . . . . . . . . . . House Services ......... Incorporation - Minnesota Highway Specifications .... . . . . . . Ins pee t ion ............. Profile; Street Grade .. . . Seal Coat; Streets . . . Sod, Boulevard, Trees, Street Signs . . . . G .. . . Q . . . . . . Surfacing; Streets . . . . . . . . . . Inspection of Improvements after Platting . o. . 0 ooe " 0 . Co 0 e 0 Intersections; Final Plat .. . .. .. Land Use Plan; Defined . . . . . . . . . Lots: Butt Lots ... Location Lot Lines .... Remants of Lots . ~ . . . . . . . . It . . 0 . . . . . . . o . 0 e . . . . I) It . . . . fOI e 8 . . . . . . Size. . . . . 0 II . . . . eGO . . 0 Minimum Subdivision Design Standards Necessary Data: Final Plat . . . . . . . . . . . . . . Preliminary Plan . . .0 . . . 4.503 4.562(1)(2)(3) 4.535(2)(a) 4.535(2)(b) 4.520 4.552(15) 4.533(2) 4.550 4.554(3)(c) 4.553 4.554(3)(c) 4.554(3) 4.554(5) t}.552 4.554(6) 4-.554(4) 4.551 4.554(3)(e) 4.554(3)(f) 4.554(3)(d) 4.563 4.522(9) 4.621(2) 4.535(4) (c) 4.535(4)(a) 4.535(4)(d) 4.535(4)(g) 4.535 (4) (b) 4.530 4.522 4.512 Official Map: Defined . . eo. . 0 0 . 0 0 . . . Adoption . . . . . . . . . . . . . ~vners Certificate; Final Plat . . . . Parks, Playgrounds. . . . . . . . . . Pedestrian Ways ... . . . . . . . . Performance Bond . . . . . . . . . . . Plan A Plat ... . . . . . . . . Plan B Plat . . . . . . . . . . . . . Planning Practices . . . . . . . . . . Preliminary Plan .......... Procedure: Final Plat . . . . . . . . . . . . Preliminary Plan . . . . . . . . . Private Streets . . . . .. .. . Purpose: Platting Ordinance ... . . Recording of Final Plat. . . . . . . . Scope; Platting Ordinance . . . . Service Roads; Final Plat . . . . . . Street Construction Requirements . . . Street Deflections; Final Plat . . . . Street Grades; Final Plat . . . . Street Plan . . . . . . . . . Taxes Paid; Final Plat . . . . . . . . Transportation Plan; Defined . . . . . Variances . . . . . . . . . . . . Width of Streets .......... Zoning Plan; Comprehensive MUBicipa1 Plan. . . . . . . . . Plumbing Code ..... .. . . . . Adoption - Minneapolis Plumbing Code . Application for Permit . . . . . . . . Bond for Permit .......... Enforcement . . . . . . . . . Insurance for Permits ...... Permits .... 0 . . 0 0 . 0 . . . . Qualifications for Permits . . . . . . Plumbing Permit Fees . . . .. ... ~ 4.621(6) 4.623(4) 4.522(13) 4.534 4.535(1)(b) 4.561(4) 4.561 4.562 4.531 4- . 510 4.521 4.510 4.533(5) 4.501 4.521(5) 4.502 4.522(12) 4.554 4.522(3) 4.522(5) 4.532 4.522(14) 4.621(3) 4.570 4.533(1) 4.623(3) 3.70 3.71(1) 3.72(2) 3.72(4) 3.73 3.72(5) 3.72 3.72(3) 3.06 Plumbing Requirements; Building. . · . · Plural and Singular, Construction of .. Pneumatic Tires, Street Weight Limits Police Chief, Defined . .. .. · . Police Department, Defined . . . . . . · Pollution of Water; Sewers .. . . . Poundkeeper, Impounding Vehicles ... Power Boating, Park Waters . .. . . Preliminary Plan: Procedure ...... Necessary Data .' . . . . · . . · · Defined .... Private Systems; Sewers Procedure, Business and Amusement Licensing - See Licensing. Protective Covenants; Defined; Platting · Public Nuisance, Litter. . . . . . . . . Public Stables, Defined; Zoning Published Notice, Defined . . . . . Purpose, Civil Defense . . . . . . . . . . . . . . . . 3.44 1.22(i) 6.02(1) 1.03 1.03 5.02(2) 6.14 6.80 4.511 4.512 4.503(13) 5.02(3),5.05 4.503(14) 9.100 ~..92(40) 1.09 2.61 - Q - Qualifications for Permits: Electrical ..... Plumbing . . . . . . . . . . . . " . . . . - R - Radiation Emissions; Performance Standards; Zoning . . . . . . . . . . Rates, Se1:'I7er ......... ... Beginning Service .. ...... Connection Charges .. .... Definitions .... . . . . . . . . . Estimated Bills ... . . Flat Charges . . . . . . . . . . . . . Industrial Waste . .. .... Installation of Meter ... . . . Large Units .... . . . . . . . Meter Flow Charges . . . . . . . . . . Meter Installation ......... l'1etering .............. Minimum Charges .. . . . . . . . . . Sewer Operating Fund . . . . . . . . . Use Charge . . . . . . . . Rates, Hater: Multiple Dwellings . . . . . . . . . . Schools .. . . . . . Single-Family Residence . . Recording Final Plat . . . . . . . . . . . . . 3.62(3) 3.72(3) L~. 76 5.50 5.59 5.80,5.90, 5.10 5.51 5.58 5.52(2) 5.53 5.55 5.53 5.52(3) 5.55 5.54 5.52(1) 5.63 5.70 5.169(2) 5.169(3) 5.169(1) 4.521(5) Reco~ds, Fires ............. Refuse; Defined; Public Nuisance .' Refuse; performance standards; Zoning · · Registration, Voters and Elections ..' Relief Association, Firemen's. . Repairs, Minor Electrical. . . . . . . . Repea 1 . . . . . · . . · . . . . · . . . Residential, Building in Other Districts. Residential Areas; Parking; Zoning . . . Rest Rome; Defined; Zoning . . . · · Restaurants, Food License. . · . Retail Business-RB: District Bounda~ies .... Retail Shopping; Defined; Zoning . . Retail Stores, Food License. . . F.ezoning . . .' ..... ..' Zoning Form . . . . . . .' · Notice . ..' .' .' Rea r in g . · . . . . . Planning Commission Recommendation . . Roller SKating Rinks .., ..... Alcoholic Beverages .... ..' APplication for License . . . Curfew . . . . . . . 0 . . . · . . . 0 Definitions . . . . . . . . . Fee . . . . . .' .... . . Hour s .., . . . . . . . Illumination . . . .., ... Infla~mable Decorations. . . . License Re1uired . . .' .' . . · posting License . . . . . . . . . . . Smoking . . . . . . . . . . · . . special police Officer . . . . . . Roofs . . . . . . . . . . . . . . . . . . . Rubbish, Dirt Removal, Streets Rules of construction; General . . . Zon ing . . . . . . . . . . . . . . . . 2.75 90101(7) 4.62 2.12 2.76(4) 3.62(4) 1.27 3.51 4.68(5) (6) 4.92(42) 8.12(6) 4.105 4.92(43) 8.12(5) 4..82 4.82(1) 4..82(2) 4.82(3) 4.82(4) 8.90 8.95(3) 8.93 8.95(4) 8.91 8.94 8.95(5) 8.95(1) 8.95(2) 8.92 8.95(7) 8.95(2) 8.95(6) 3.48 6.32 1.20;1.21 4.91 Salaries, Mayor arid Councilmen . . . . 2.21 Sanitary Sewer District. . . . . 5.130 Schools, Water Rates . . · . . . . . .5.169 (3) Screening; ~erformance Standards; Zoning . 4.63 Screening, Zoning Requirements . . . . 4.63 Separability Clause . . . . . . . . 1.28 Separate Violations . . . . . . . . 1.42 Service Road, defined; platting 4.503 (15) Service Roads; Data for Final Plat... 4.522 (12) Set-Backs Defined; Platting.. . " ..4.503 (16) Defined; Zoning. . . . . . . . 4.92 (44) Exceptions to General Requirements 4.23 Sewage Works, Defined . . . . . . . . . 5.01 (1) Sewer Building Sewers and Connections . . . . 5.06 Backfilling; private disposal . 5.05 (6) Cesspools. . . . . . . . . 5.04 Charge.s Uses . ...... .... 5.07 Connection Charge A . 5.80 Connection Charge B . . . . . . . 5.90 Connection Charge C . . . . . 5.110 Connections. . . . . . . . . . 5.06, 5.12 After Notice. ........ 5.03 Involuntary . . . . . . . 5.120 Cost . . . . . . . . . . . . . . . . . 5.07 Damages ...... . 5.19 5.22 Definitions. . .. ........ 5.01 Depth Limitation; Private Disposal 5.05 (11) Deposits, Unlawful . . . . 5.02 (1) Dumping; Private Disposal .... 5.05 (6) Elevation of Sewer . . . . . . . . . . 5.09 (3) Gasses, Wastes, Noxious Substances Discharged into Sanitary_ Sewer 5.16 Industrial fvastes . . .. ..... 5.18 Interceptors, Grease, Oil and Sand 5.17 Involuntary Connection. . . . . . . . . 5.120 Joints '" . . . . '. ..... 5.11 Lifts. . . . . . . . . . . . . . . . . 5.09 (4) Lines, Sewer . . . . . . . . . . . . . 5.08 Permits for Building or Connection . . 5.06 Pipe Specifications. .. .. . . . 5.09 (1) Pollution of Water . . . . . . . . . . 5.02 (2) Private Sewage Disposal. . . . 0 0 5.05 Private Systems. ....... 5.02 (3) Rates ...... . . 5.50 Restrictions .. . . . . . . . . . . . 5.02 Septic Tanks ... .. 0 . . . . . 5.04 Sewer Lines . . . . . . 5.08 Specifications . . . . . . . . . . 5.09 Surface Waters; Discharge into Sanitary Sewer . . . . . . . . 5.15 Unlawful Deposits . . . . . . . . . . . 5.02 (1) Wastes, Industrial . . . . . .. . 5.18 Water Pollution . . . . .. . . 5.02 (2) Sewer, Defined . . . . . . . .. . 5.01 (5) Combined . . . . . . . 5.01 (6) Public. . . .5.01 (5) Sanitary . . . .. .. 5.01 (7) Storm. . . . .. ......... 5.01 (8) Sewer Permit Fees. .... ....3.11 Shopping Centers, Set-Backs Exceptions 4.23 (8) Shutting Off Service; Sewer. . . .. . 5.84 Sidewalk, Defined ......... . 1.07 Signs; Performance Standards, Zoning . 4.67 Defined; zoning. . .. .,. . 4.92 (45)-(53) Single-Family Residence-SR District Boundaries . .. ..... 4.102 Water Rates. . . . . . . . . .. . 5.169 (1) Singular and Plural, Construction. . . . . 1.22 (1) Smoke, Nuisance Characteristics. . 4.77 (3) Snow Remova 1 . . . . . . . . . . . . . . . 6. 32 Parking .............. .11.25 Soda Fountain, License . . . . . . . . . . 8.12 (1) Solici tors, Hawker s, Peddlers . . .. . 8.50 Space Requirements, Building . . . . . . Specifications, Sewer. . . Special Uses, Zoning . . . . . . Criteria For Granting ....... Listing of Special Uses .. ... Permi ts tlI e . . . . 0 . CI . . 0 . 0 . Spraying Trees, Dutch Elm Disease. . . . Standards for Apartments, Multiple Dwellings. . . . . . . . . . . Standards for Performance, Zoning. . . . State, Defined . . . . . . . . . . . . . Street Cleaning; S.ee Cleaning, Street Street, Defined. ........ Street, Excations . . . . . . . . . . . . Street, Lighting; See Lighting, Street Street, Name Changes . . . . . . . . . . Street, Restriction on Use of 49th Ave. And Railroad Tracks .. . . . . . . . Street Width; defined; Platting . . Streets; construction requirements . . . Ba s e . . . 0 . 0 . 0 . .. . . . Curb and Gutter . . . . . . Grading . .. . . . . . . . . CI Seal Coat . . . . . . . . Sod, Boulevard, Trees, Street Signs. Surfacing . 0 . . . e a 0 . . . 0 . . Streets; Data for Final Plat . . . . Streets_Vacating; See Vacating of Streets Subdivider and Subdivision; Defined . . Sunday Closing . . . . . . . . . . . . . Superintendent; Defined; Sewers . . . Superintendent, Water Department . . . . Surface Waters, Discharge in Sanitary Se"\.ver s. . . . .,. . 0, . . . . . Subversion, Civil Defense ..... . 3.36 5.09 . 4.40 . 4.43 . 4.45 . 4.42 . 9.89 4.83 . 4.78 . 4.60 . 1.40 . 1.06 . 6.60 4.503 (18)" . APPENDIX A . 1.30 4.503 (17) . 4.554 (3) . 4.554 (3) (C) . 4.554 (3) (C) . 4.554 (3) (B) . 4.554 (3) (E) . 4.554 (3) (F) . 4.554 (3) (D) . 4.522 (3) (5) (9) 4.503 (19) (20) . 8.100 . 5.01 (2) . 5.143 5 . 144 ' 5.15 . 2.65 . - T - Target Shooting . . . . . . . . . . . . . Taxes Paid; Final Plat . . . . . . . . . Temporary Dwellings . . . . . . . . . Tense, Number and Gender, Construction of . . . .. .... Time, Computation of . . . . . . · . Traffic Control; Performance Standards; Zoning . . . . . . . . . . . . . . Thoroughfare; Defined; Platting . . · . · Toilets, Outdoor . . . . . . . . . . . . Traffic Regulations ..... .,. Trailer Park; Defined; Zoning. · . . Training Programs, Civil Defense . . . . Trap Shooting . . · . . . . . · . Treatment Plant, Sewage; Defined . . . . Tree Care, Street . . . . . . . . . . . . Trees; Dutch Elm . . . . . . . . . · 9.23 4..522(14) 3.53 1.22 1.25 4.71 4.503(21) 3.47(3) 11.00 4.92(55) 2.64(5) 9.23 5.01(9) 6.31 9.80 -U- Unc laimed Property . . . . . Disposition ............ Former Owner, Payment ....... Method Disposition, Sale . . . . . . Unsafe Conditions, Correction, Gas . . . Uniform Code Adoption by Reference; ~Qi1~ing . . . . . . . . . Use Charge, Sewer ........... Uses, Zoning Accessory. . Permi tted ... Special ~ 0 ~ . . . . . 0 . . e o . . . . . . . . . . 6.50 6.51 6.53 6.52 3.83 3.49 (1) 5.70 4.50 4.30 4.40 - v - Vacating of Streets . .. .. . . . . Form and Fee . . . . . . . Notice of Hearing .. .. . . Petition 0 g . . e 9. . eo. . . Resolution ............. Vacation; Dangerous Buildings ..... Variances; Platting. .. .. · . Application . . . . . . . . . . . Grounds .. . . .. .. . . . Necessity . .. .. . . Non-Injurious .. .. . . · . Special Circumstances .... . . . . Variances; Zoning . . . . . . · · . . . · Zoning Form . . . . . . . . . . . · · Reference to Board of Appeal and Adjustment . . . . . . . . Vehic les, Food, License ... . . . Vehicles, Impounding - See Impounding of Vehicles. Ventilation, Buildings . . . · . Village Attorney, Defined. . . . Village Engineer, Defined. . . . . . Village Plan; Defined; Platting . .. Volunteers, Civil Defense. . . . . . . . . . 6.40 6.42 6.43 6.41 6.44 9.46 4.570 4.572 4.571 4.571(2) 4.571(3) , .(j . 5 71 (1) 4.84 4 . 84 (1) 4.84(2) 8.12(2) 3.43 1.01 1.01 4.503(22) 2.66 Well-Drilling ... Air Conditioning . . . . . . . . . · . Casing, Diameters . . . . Chlorination . Contamination . . . . . . . . . . . . Definitions . .. . .. . . . Installation ..... . . . Loc a t i on 0 f Hell s .... .. · . Minimum Production . . . . . . . . Municipal Water Available . . . · Permi t ............... Test ............ .. Well-Drilling Permit Fees ....... Wells, Private .. .. . . . . . . . ~.Jindmvs, Buildings . . . .... ., . . . . . ... . . . . - X - - y - Yard; Defined; Zoning . . . . . . . . . 0 3.120 3.123(2) 3.128 3.131 3.124(2) 3.121 3.129 3.126 3.125 3.123(1) 3.122 3.132 3.13 3.46(2) 3.43 4.92(59)(60) Zoning Accessory Uses . . . . . . . . . Apartments, Standards ....... Certificate of OCCupancy . . . . . . Definitions . . '. . . . . . . . District Boundaries . . . . . . . . . Business__RB .... ". General Business__GB . . . . General IndustrY__GI . . . . Limited Business__LB Limited IndustrY__LI MUltiple-Family Residence__MR Single-FamilY__SR. . . . . . . . Districts, Defined. . . . . . District Minimum Requirements . . . . Encroachments, Permitted Enforcement of Zoning . . . . Exceptions and Additions to Minimum Requirements. '" '" Lot and BUilding Restrictions . . . . Minimum Requirements, General . . Multiple D~ellings, Standards Non-Conforming Uses . . . . . . . Performance Standards. '" Air Pollution. . . '. '" Architecture . . . . . . . . Drainage . . . . . . . . . Explosives . '. '. . . . .. Exterior Storage ....... Glare ...... 0 . . . . Landscaping ". ." Maintenance ". '. . . . Noi s e ............. Nuisance . . . . . . Odors . . . . . . . -Z- 4.50 4.78 4.15 4.92 4.100 4. 105 4.106 4.108 4.104 4.107 4. 103 4.102 4.21 4.22 4.12 4.200 4.23 4.11 4.14 4.78 4.13 4.60 4.77 4.74 4.73 4.75 4.60 4.66 4.64 4.65 4.77 4.77 4.77 (3) (1) (2) Off- Street Loading . 4.69 Parking . . . . . . . . 4.68 Pedestrian Traffic . . . . . . . 4.72 Radiation . . . . . 4.76 Refuse . . . . 4.62 Screening . . . . . . . 4.63 Smoke . . . . . . 4.77 (3) Signs . . . . . . . . . 4.67 Traffic Control . . . . . . 4.71 Vibration . . . . . . . 4.77 (3) Wastes . . . . . 4.77 (6) Permitted Uses . . . . . . . . . 4.30 Rezgning . . . . . . . . . . . . . . 4.80 4.82 Hearing . . . . . . 4.82 (3) Notice . . . . . . . . . . . . . 4.82 (2) Planning Commission Recommendation 4.82 (4) Zoning Form . . . . . . 4.82 (1) Rules of Construction . . . . . . . . 4.90 r Set-BD.cks AdjD.cent to ResidentiD.l . . . . 4.23 (2) (3) Along Thoroughfares . . . . . . 4.23 (4) Intersections With Ramiroads 4.23 (6) On Part of 49th Avenue . 4.23 (5) ,I?lanned Developments . . . . . . 4.23 (9) Shopping Centers . . . 4.23 (8) Special Uses . . . . . . . . . . . . 4.40 Criteria for Granting . . . . . 4.43 Listing of Special Uses . . . . 4.45 Permits . . . . . . . . . . . . 4.42 4.83 Variances . . . . . . . 4.84