1969 Ordinances Codifications
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V ILL AGE
o F
NEW HOP E
COD E 0 FOR DIN A NeE S
PREPARED AND CODIFIED BY:
Corrick & Miller
Attorneys at Law
3811 West Broadway
Robbinsdale, Minnesota 55422
.NEvl HOPE
VILLAGE OFFICERS
Serving the Village of New Hope on the date of the
A.do~tiong of this Code of Ordinances a.re the. rollowing:
M!!QE :
COUNCILMEN:
A.ll~ J. Dyson
Robert Bonner
Irene Cla.rk
Arthur J. Hoff
Herle JoJ;mson
VIIJ.AGE MAlHiGER:
Harlyn Larson
CIERK-TREASURER:
VILLAGE ATTORNEY:
Betty Pouliot
William J 0 Corrick
VILLAGE OFFICES:
4.401 Xylon. Avenue North
New Hope, Minnesota
TAB LEO F CON TEN T S
TABLE OF CONTENTS
NEW HOPE VILLAGE CODE
CHAPTER 1 - MISCELLk~EOUS 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 Repe al
1~28 Separability Clause
1.40 Penalty Provision
1.41 Fine and Imprisonment
1.42 Separate Violations
CHAPTER 2 - GOVERN~ffiNT AND GO\~fu~~lliNTAL UNITS
2.00 Rules for Organization and Procedure of the
Council
2.01 Meetings
2.02 Presiding Officer
2.03 Minutes
2.04 Order of Business
2.05 Quorum and Voting
2.06 Ordinances, Resolutions, Motions,.Petitions
and Communications
2.07 Committees
2.08 Suspension or Amendment of the Rules
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
Subd. (3) Bond and Compensation
2.24 Constable
2.30 Civil Service
2.40 Planning Commission
2.41 Establishment
2.42 Composition
Subd. (1) Number
Subd. (2) Term
Subd. (3) Councilman may be Tenth Member
2.43 Purpose, Authority and Duties
2.44 Organization
2.45 Meetings
2.46 Minutes
2.60 Civil Defense Ordinance
2.61
2.62
2.63
2.64
2.65
2.66
2.67
2.68
Purpose
Subd. (1) Civil Defense Agency
Subd. (2) Exercise of Powers
Subd. (3) Mutual Aid and Cooperation
Definitions
Subd. (1) Civil Defense
Subd. (2) Civil Defense Emergency
Subd. (3) Civil Defense Forces
Civil Defense Agency
Subd. (1) Creation
Subd. (2) Appointment of Director of
Civil Defense
Subd. (3) Civil Defense Board - Declaration
of Emergency
Duties of Directors of Civil Defense
Subd. (1) Village Civil Defense Repre-
sentative
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
Political Activity and Subversion
Civil Defense Volunteers
Subd. (1) Civil Defense Emergency
Subd. (2) Identification
Subd. (3) Use of Firearms
Governmental Immunity
Cooperation with Federal and State
Authorities
2.70 Volunteer Fire Department
2.71 Establishment
2.72 Election
2.73 Fire Marshal
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
2.80 Park and Recreation Commission
2.81 Establishment
2.82 Composition
Subd. (1) Number
Subd. (2) Term
Subd. (3) Vacancie5
Subd. (4) Filling of Vacancy
2.83 Officers
2.84 Compensation
2.85 Meeting Procedures
2.86 Duties
2.90 Industrial Commission
2.91
2.92
2.93
2.94
2.95
2.96
2.97
2.98
2.99
2.101
2.102
2.103
2.104
2.105
2.106
2.107
Short Titles
Definitions
Establishment
Composition
Terms of Office
Vacancies
Removal of Members
Officers
Duties of Officers
(1) Chairman
(2) Secretary
Rules and Procedures
Meetings
(1) Regular Meetings
(2) Special Meetings
(3) Open Meetings
Absence of Members
Powers and Duties
Advisory Capacity
Village Officials to Cooperate
Annual Report
2.110 Human Rights Commission
2.111
2.112
2.113
2.114
2.115
Policy of Village of New Hope
Human Rights Commission Established
Purpose.
Membership, Terms and Removal
Commission's Duties
CHAPTER 3 - BUILDING
3.00 Fees and Application for Permits
3.01 Application
3.02 Granting of Permit
3.03 Fees .
Subd. (1) Payment
Subd. (2) Double Fees
3.04 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
3.05 Electrical Permit Fees
Subd. (1) Services and Feeders
(a) Services
(b) Feeders
Subd. (3) Sign Circuit
Subd. (4) Heating Devices--Motors--
Transformers, Etc.
C a) Motors
(b) Transformers
(c) Appliances
Cd) Computation of Units
Subd. (5) Sockets
Subd. (6) Socket, Border, Strip, Outline
Subd. (7) Luminous Tubes
Subd. (8) Sign and Billboard Wiring
Subd. (9) Alterations and Repairs
Subd. (10) Combined Permit
Subd. (11) Moving Picture Machines
Subd. (12) Storage Batteries
Subd. (13) Decorative
Subd. (14) Fire Alarm Systems
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) .Bui1ding Sewer
Subd. (2) Repair or Alteration
3.12 Water Connection Permit
3.13 Well Drilling Permit
3.14 Swimming 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
3.37
3.38
3.39
3.41
3.42
3.43
3.44
3.45
3.46
3.47
3.48
3.49
Space Requirements and Exits
Subd. (1) Ceiling Heights
Subd. (2) Area Requirements
Subd. (3) Exits
Foundation and Walls
Subd. (1) Footings
Subd. (2) Walls
Brick Facing
Floor and Roof Loads
Joists, Rafters and Studdings
Ceilings
Doors, Window and Ventilation
Plumbing Required
Electrical Installation Requirements
Water Supply Requirements
Subd. (1) Municipal Water System
Subd. (2) Private Wells
Sewage Disposal System
Subd. (1) Sanitary Sewer
Subd. (2) Private Dispos a1
Subd. (3) Outdoor Toilets
Roofs
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
3.50 Requirement for Construction of Multiple Family
D\<lellings
Subd. (1) Dead-Locking Bolts
Subd. (2) Elevators
Subd. (3) Carpeting and Storage
Subd. C 4) Fire Extinguisher .
Subd. (5) Soundproofing
Subd. (6) Door Closers
Subd. (7) Stairwells Enclosed
Subd. (8) Incinerators
Subd. (9) Security Device
Subd. (10) Window Width Minimum
Subd. (11) One-hour Fire Resistive Construction
Subd. (12) Automatic Fire Detector and Alarm
Svs teIn
Subd. (13) Access to Roof
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 Penalt.y
3.36
3.37
3.38
3.39
3.41
3.42
3.43
3.44
3.45
3.46
3.47
3.48
3.49
Space Requirements and Exits
Subd. (1) Ceiling Heights
Subd. (2) Area Requirements
Subd. (3) Exits
Foundation and Walls
Subd. (1) Footings
Subd. (2) Walls
Brick Facing
Floor and Roof Loads
Joists, Rafters and Studdings
Ceilings
Doors, Window and Ventilation
Plumbing Required
Electrical Installation Requirements
Water Supply Requirements
Subd. (1) Municipal Water System
Subd. (2) Private Wells
Sewage Disposal System
Subd. (1) Sanitary Sewer
Subd. (2) Private Disposal
Subd. (3) Outdoor Toilets
Roofs
Adoption of Publications by Reference
Subd. (1) Uniform Building Code
Subd. (2) Amendments Made in Uniform
Bui1dinQ Code
Subd. (3) Adoption of Minneapolis Elevator
Ordinance
3.50 Requirement for Construction of Multiple Family
D\'lellings
Subd. (1) Dead-Locking Bolts
Subd. (2) Elevators
Subd. (3) Carpeting and Storage
Subd. (4) Fire Extinguisher
Subd. (5) Soundproofing
Subd. (6) Door Closers
Subd. (7) Stairwells Enclosed
Subd. (8) Incineratol'S
Subd. (9) Security Device
Subd. (10) Window Width Minimum
Subd. (11) One-hour Fire Resistive Construction
Subd. (12) Automatic Fire Detector and Alarm
System
Subd. (13) Access to Roof
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 General
3.62 Electrical Permits
Subd. (1) Permit Required
Subd. (2) Application and Fees
Subd. (3) Qualifications
Subd. (4) Minor Repairs
Subd. (5) Filing Current License
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 Penal ty
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 Appliances, Piping and Equipment
3.81 Minneapolis Gas Piping Ordinance Adopted
3.82 Permits
Subd. (1) Application for Permit
Subd. (2) Requirements and Fees
3.83 Correction of Unsafe Conditions
3.100 Filling, Excavating, Digging
3.101 Permit Required
Subd. (1) lOO-foot area
S~bd. (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) Yie 1d
Permit Required
~;Jhen 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
.., 1 111
.).~....1.
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
Refusal of Permit
Temporary Removal of Wire
3.150 Housing Maintenance Code; Registration of Multiple
Dv,iell ings
3.151
3.152
3.153
3.154
3.155
3.156
Registration Required
Execution of Statement
Changes in Registration
Annllal Regis tl'ation
Posting
Minimum Standards Required tOY Occupancy
3.160 Private Swimming Pools
3.161
3.162
3.163
3.164
3.165
3.166
3.167
3.168
3.169
Definition
Permit RequiTed
Water
Subd. (a) Village Water Supply
Subd. (b) Polluted Water
Enclosed by Fende
Shielding Lights
~nnec~ssary Noise
Lot L:;.,nes
Prior Construction
Modification
Subd. La) Certain Modifications
Subd. (b) Other Protection
Subd. (c) Extensions
CHAPTER 4 - ZONING AND PLATTING
4.00
4.10
4.20
M .
LOillng
4.01
Purpose
General Provisions
4.11
4.12
4.13
4.14
4.15
Lots and Buildings
Subd. (1) Compliance with Ordinance
Subd. (2) Acces s ary Buil dings
Subd. (3) Relocated Structures
Subd. (4) Required Area Not to be Reduced
Permitted Encroachments
Non-ConforminQ Uses
Minimum Requi~ements
Certificate of Occupancy
District Provisions
4 . 1
4 . 2
4 . 3
Districts
Minimum Requirements
Exceptions and Addi~ions to Minimum
Req II i reTnen t 5
Subd. (1) Front Set-Backs
Subd. (2) Side and Real: Set-Backs
Subd. (3) Set-Backs Adjacent to Residential
Subd. (4)
Subd. (5)
Subd, (6)
Subd,
Subd.
Sund.
Subd.
( ~,
i I
, J
(8)
(9)
(10)
Subd.
(11)
ATe as
Set-Backs along Thoroughfares
Set-Back on PaTt of 49th Avenue
At the Intersection of Certain
Thoroughfares and Railroads
Height
Shopping Centers
Planned Developments
Special Requirements for Limited
In,dllstrv Use
Side and Rear Yard llSet-Backs" -
Industrial Districts Adjacent to
Railroads
4.30
4.40
4.50
4.60
Permitted Uses
4.31
Permitted Temporary Uses Subject to
Licensing
Special Uses
4.41
4.42
4.43
4.44
General Statement
Why Certain Uses Require Special Use
Permits
Subd. (1) Residential Districts
Subd. (2) Business Districts
Subd. (3) Industrial Districts
Subd. (4) In All Dis tricts - Temporarv Uses
Criteria For Granting Special Use-Permits
Listing of Special Uses
4.51
Accessory Uses
4.52
Accessory Uses 1n Res dence Districts
A~ces~ory Uses 1n Bus ness and Industrial
DIstrIcts
Performance Standards
4.61
4.62
4.63
4.64
4.65
4.66
4..67
I; ~ Q
-r"VU
Exterior Storage
Refuse
Screening
Landscaping
.Main tenance
Glare
Signs
Parking
Subd. (1)
Subd. (2)
Subd, (3)
Sub d. C 4)
Sub d" (5)
Subd. (6)
Subd. (7)
Subd. (8)
Subd. (9)
c:u".....J::r-,.-e:. a,.~'-=i n~.....,..,..:....-'ao.""
v J.. .Ld\._'~,,- " ..:...lv.. ..i../ 1. ct..LJ.l.,~',c>"""
Location
J\cces 5
Determination of Areas
Truck Parking In Residential Areas
Other Parking In Residential Areas
Sale of Parking Areas
Off-Street Spaces Required
Joint Facilities
4.80
4.90
4.69
4.71
4.72
4.73
4..74-
4.75
jJ '7....
..,.. 10
4.77
4.78
4.79
O.f:.~ C -- ~e e i- in' ~ .~ ,.
J..l..:-::: ~L .... -,OC.G..Lhg
Ira.tIle COTltTol
Pedestrian Traffic
~ra.i1!-~~ge
.A_~.rchl1:ectuI'e
Explosives
Radiation and Electrical Emissions
Other Nuisance Characteristics
Multiple-Dwelling Design and Stardards
for Apartment with Three or More Living Units
Subd. (1) Sidewalks
Subd. (2) Garages
Subd. (3) Parking
Dri ve',vay Aprons
Subd. (1) New Construction - Concrete or
Optional Bituminous
Subd. (2) Old Construction - Bituminous
Administration
4.81
4.82
4.83
4.84
4,85
Amendments to Zoning Ordinance
Re Z onin.g
Subd~ (1) Zoning Form
Subd. (2) Notice
Subd~ (3) Hearin2
Subd. (4) Recommendations and Time to Act
Subd. (5) Adjournment of Hearings
,., C 6;, . - . n ." I
~ubd. u~ AdJournment at le~ltloner s
FZeOllles t
Special Use Permits
\larictnce
Subd. (1) Zoning Form
Subd~ (2) Reference to Board of Appeal and
Adjustment
Apuroval of Planned Development - Multiple
Dv,,-ellings
Rules and Definitions
4.91
4.92
Rules of Construction
Definitions
Subd.
Subd.
Sub d ~
(1)
(2)
(3)
(4)
rr:)
\, oJ
(6)
( 7)
(8~
'- .'
(9)
(10)
Accessory Use or Structure
AgYicult~ral Uses .
Apartment
Automobile Service Station
Automobile Service Uses
Auto Wrecking Yard
Basement
Boay'dil1g liouse
Bu.ilding
B lIS iIle s s
Subd.
Subd.
SlJ.bd~
Subd.
Subd.
Subd.
Subd.
Subd. (11)
Subd. (12)
Subd. (13)
Subd. (14)
Subd. (15)
Subd. (16)
Subd. ;(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 . (3 7 )
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
Thvelling
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) Sign, Gross Surface Area
Subd. (54) Structure
Subd. (55) Trailer Park
Subd. (56) Transportation Terminal
Subd. (57) ~vareho.using
Subd. (58) wholesale Business
Subd. (59) Yard
Subd. (60) Yard, Front
Subd. (61) Yard, Side
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 )
Hinor Street
O~'mer
Pedestrian ~,yay
Preliminary Plat
Protective Covenants
Service Road
Set-Back Building Line
Street ~vidth
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 Governing 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
Subd. (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 Develapment 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
Subd. (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
4.631
Preparation, Adoption and Amendment of
Comprehensive Municipal Plan
Subd. (1) Preparation and Review
Subd. (2) Procedure for Plan, Adoption
and Amendments
Adoption by Council
for Plan Effectuation
Recommendation for Plan
Effectuation
Compliance with Plan
Zoning Plan.
Adoption of Official Maps
Copies Filed with R~gister
Subd. (3)
Procedure
Subd. (1)
Sub d . ( 2 )
Sub d . ( 3 )
Sub d . ( 4 )
Certified
of Deeds
Filing with Contiguous Planning Authorities
Filing of Certain Plat Approvals
Required Site-Improvement Agreements and
Bonds .
Subd. (1) Agreement and Bond
Subd. (2) Required Improvements
Subd. (3) Waiver
CHAPTER 5 - SEWER, WATER, 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 Wast:es
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. \18) 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
Subd. (8) Sanitary Manner
Subd. (9) Other Requirements
Subd. (10) Locations
Subd. (11) Efficient Operation
Subd. (12) Depth Limitatibn
5.06 Building Sewers and Connections
Subd. (1) Permit Required
Subd. (2) Classes of Permits
Subd. (3) Forms
Subd. (4) Permit Cards
5,07 Cost Borne
5.08 Sewer Lines
Subd. (1) Separte Lines
Subd. (2) Old Lines
5.09 Sewer Specification
Subd. (1) Sewer Pipe
Subd. (2.) Over Cesspools and Septic Tanks
Subd. (3) Elevation
Subd. (4) Lifts
Subd. (5) Tnench Work
5.11 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
5.12 Connection to Public Sewer
Subd. (1) "y" Branch
Subd. (2) Forty-Five Degree Ell
Subd. (3) Connect to Established Location
5.13 Notify Inspector
5.14 Barricades
5.15 Discharge of Surface Waters into Sanitary
Sewer Prohibited
5.16 Discharge of Certain Gasses, Wastes, Noxious
Substances into Sanitary Sewer Prohibited
Subd. (1) High Temperature
Subd. (2) Fat, Oil
Subd. (3) Flamable 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 Flpw Charges
5.53 Rate-Industrial Waste and Large Units
5.54.Metering-Hater Supp;Ly:inLieu of 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 constructio
5.84 Shutting Off Service
5.85 Charge A Revenues
5.86 Excepte.d Areas
5.90 Sewer Connection Charges - Charge B
5.91 Definitions
5.92 Sewer Connection Permit Charge B
5.93 Addition~l 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 S"ewer 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
tDefiilit.<ions
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 Connectio:
Subd. (5) Option Method 3. 20 Year Installment
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
5.180 Drainage
5.181
5.182
5.183
5.184
Service Pipes
Subd. (1) Installation
Subd. (2) Expense
Subd. (3) Depth and Size
Subd. (4) Stop Boxes
Subd. (5) Supply from One Service
Subd. (6) Inspection of and Approval
~leters
Subd. (1) Water to be Metered
Subd. (2) 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
Definition of Drainage Structure
Obstruction of Drainage Structure
Notice to Land Owner. to Remedy Conditions
Subd. (1) Generally
Subd. (2) Trees or Fences in Drainage
Easements
Failure to Comply with Notice
5.190 Sewer and Water Connection Charges
Cha!ge D and Charge E
5.191 Interpretation
5.192 Sewer-Connection Charge D
Subd. (1) Tax-For~eited Lands
Subd. (2) Exempt Lands
Subd. (3) Agreement
5.193 Water Connection Charge E
Subd. (1) Tax-Forfeited Lands
Subd. (2) Exempt Lands
Subd. (3) Agreement
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
Subd. (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
6.68
Definitions
Subd. (1) Applicant
Subd. (2) Engineer
Subd. (3) Excavation Work
Subd. (4) Permittee
Excavation Permit
Subd. (1) Permit Required
Subd. (2) Excavation
Application for Permit
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 Utiltties
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)
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 Suandards
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 MmSEHENT 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
Sl1.bd. (4) Ice
Subd. (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 Transient Vendors
8.51 Nuisance
8.52 Abatement
8.60 Cigarette Licenses
8.61 License Required
8.62 Restrictions
Sub d. (1) Minors
Subd. (2) Narcotic Drugs
8.63 License Fee
8.64 Display of License
8.70 Bowling Alleys
8.71
8.72
8.73
8.74
8.75
8.76
8.7T
License Required
Application
Fee
Granting of License
Posting of License
Duplicate License
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 (Repealed)
8.110 Licensing of Christmas Tree Sales
8.111
8.112
8.113
8.114
8.115
8.116
8.117
8.118
Definitions
Subd. (1) Chris~mas Tree
Subd. (2) Christmas Tree Sales Lot
License Required
Application for License
Approval and Issuance of License
Subd. (1) Standards for Issuance by
Village Manager
Subd. (2) Issuance by. Village Council
Period of License .
Several Lots
Fee, Waiver and Refund
Subd. (1) Fee
Subd. (2) Waiver and Refund
General Operating Requirements
8.120 Self-Service Dry Cleaning and Laundering
8.121
8.122
8.123
8.124
8 . 1 is
8.126
8.127
8.128
8.129
8.130 Car Wash
8.131
8.132
8.133
8.134
8.135
Definitions
Subd. (1) Self-service Dry Cleaning
or Dry Cleaning .
Subd. (2) Self-service Laundering or
Laundering .
Subd. (3) Dry Cleaning Machine or Dry
Cleaning Equipment
Subd. (4) Washing Machine or Launderi~g
Equipment
License Required
Application
License Fee
General Operating Requirements
Subd. (1) Dry Cleaning and Laundering
Subd. (2) Dry Cleaning .
Exceptions .
Inflammable Solvents Prohibited
Building and Ventilation Requirements
Subd. (1) Building Requirements
Subd. (2) Ventilation Requirements
Enforcement
Definition
Car Wash
Standards
Subd. (1) Surfacing
Subd. (2) Lighting
Subd. (3) Water, Steam or Vapor
Application
License Fee
8.140 Rubbish and. Garbage Haulers
8.141
8.142
8.143
8.144
8.145
Definitions
Subd. (1) Garbage
Subd. (2) Rubbish
License Requirement
Application
License Fee
Truck
CHAPTER 9 - GENERAL 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 A~endments to Fire Prevention Code
Subd. (1) Authority to Enter Premises
Subd. (2) Evacuation
Subd. (3) Stairvlays
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
9.07 Fire Lanes
Subd. (1) Orders Establishing Fire Lanes
Subd. (2) Violation .
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) "Public Ground"
Subd. (2) nparent or Guardianll
Subd. (3) "Time"
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 Build ing
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 Heeds 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 Hood
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) Garhage
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 from 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
10.05
10.06
10.07
Definitions
Subd. (1) Intoxicating Liquor and Liq~or
Subd. (2) Beer
Subd. (3) On Sale
Subd. (4) Off Sale
Subd. (5) Sell
Subd. (6) Minor
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
Subdo (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. (1) 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) \l1Beerll or IiNon-intoxicating
Malt Liquor;j
Subd. (2) "Intoxicating Liquor!!
Subd. (3) ViOriginal Package"
Subd. (4) liBona fide Club\r
Subd. (5) ilRes taurant! i
Subd. (6) YiBeer Store\'
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 After Violation
Subd. (2) Proximity to Schools and
Churches
10.30
10.19
10.21
10.22
10.23
10.24
10.25
of License
Minor Consumption and Loitering
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
Conditions
Subd. (1)
Subd. (2)
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
Bicyc 1es
11. 31
11. 32
11. 33
Highway Traffic Regulation Act
General Provisions
Parking for Certain Purposes Prohibited
Parking Time Limit
Snow Removal
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
Operation
Application Motor Vehicle Laws
Riding on Sea,t
Passengers
Attach to Vehicle
Right Side of Roadway
Two Abreast
Bicycle Paths
S ide\valk Us e
Packages
Rules fo r
Subd. (1)
Subd. (2)
Sub d. ( 3 )
Sub d. C 4 )
Subd. (5)
Sub d . ( 6 )
Subd. (7)
Sub d . ( 8 )
Subd. (9)
Equipment
Subd. (1) Lights
Subd. (2) Brakes
Damaging Tags--Using Bicycle Without
Permiss ion
Responsibility of Parents
Enforcement
11.40 Restrictions On Use of Certain Streets
11.41
11.42
11.43
11 Lt4
J-._. I .
11. 45
Purpose
Restrictions
Exefilut ion
~
Notice
Restriction on Portion of 53rd Avenue North
Subd. (1) Traffic Restriction
Subd. (2) Home Delivery Vehicles Not
Restricted
Subd. (3) Notice
Subd. (4) Sign Placement
11.50 Ordinance Violations BUTeau
11.51
1" ,-?
.1..::>_
11.53
11.54
11.55
Establishment Traffic Violations Bureau
Authorization to Issue Tickets
Contents of Ticket
Suhd. (1) Name and Address
Subd. (2) Date and Place
Subd. (3) Violation Description
Subd. (4) Date of Appearance
Subd. (5) Rights
Subd. (6) Number
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 Violation Tag
11.70 Regulation of Go-Karts and Snowmobiles
11.71 Intent
11.72 Definitions
Subd. (1) Go -Kart
Subd. (2) Operate
Subd. (3) Operator
Subd. (4) Roadway
Subd. (5) Snm.nnobile
11.73 Operation on Village Streets or Highways
Subd. (1) On Roadway
Subd. (2) Direct Crossings
Subd. (3) Lamps and Brakes
Subd. (4) Emergency Use of Snowmobiles
Subd. (5) Highway Traffic Act
11.74 Operations Generally
11.75 Unlawful Acts
Subd. (1) Operation
Subd. (2) Unattended Snowmobiles
Subd. (3) Exception
11.76 Defense
11.77 Equipment
Subd. (1) Mufflers
Subd. (2) Brakes
Subd. (3) Safety Throttle
11.80 No Parking
11.81 Definitions
Subd. (1) Vehicle
Subd. (2) Street or Highway
11.82 Parking Prohibited at all Times on Certain
Streets
11.83 Parking Signs Required
CHAPTER 12 - CRIMINAL AND MISCELLANEOUS OFFENSES
12.00 Criminal Code Adoption
12.10 Miscellaneous Offenses
12.11 Lurking and Lying in Wait
12.12 Codeine Sales and Possession
Subd. (1) Sale 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
12.14 Bow and Arrow
Subd. (1) Discharging Bow and Arrow
Prohib i ted
Subd. (2) Exception
12.15 Open Flames on Apartment Balcony
12.16 Peace, Quiet and Good Order of Schools
Subd. (1) Trespass
Subd. (2) Disruption of Classroom or
Program
12.17 Giving False Fire Alarms
CHAPTER 13 - FRANCHISES
13.00 Gas Franchise
APPENDIX A .. STREET NAME CHANGES
APPENDIX B - DETACHED LANDS
APPENDIX C - AN ORDINANCE PROVIDING FOR CIVIL SERVICE
PERSONNEL SYSTEH IN THE VILLAGE OF NEW 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
Rul.es
Apportionment of Expenses of Certain
Cases
Contracts with Other Agencies
Veterans Preference Law not Modified
Penalties
Effective Date
..t PPEl'IDIX D - HDTNEAPOLIS
COflF;r~ FRANCHISE ORDINANCE
APPENDIX D - ORDINANCE HISTORY AND CROSS-REFERENCE
C HAP T E R 1
MIS eEL LAN E 0 U S PRO V I S ION S
*
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~!'1a~~r:l!, nClerk"Treas~rerll, IiVillage Engineer", "Village
t..:r"'nA.....~""'.. ,g.7-1l ^ . . h t'.. l' ("f.' '0'"
"....c. c.:!.r'.t;;;.!., \.L ~r:(e ~.t:'j-O'rr'A-Y. ,. "c-.p~ t":-. 0.,.. "leer" \"""~l.:!.qng In
_ .........;.,.. ...- - -. ......~ ) .___..,.._. _So... ,_ oJ... _. , ~......!.. u....... . CD
spector" shall mean such officials of the Villa ge of
New Hope. Any other references to public officials, unless
otherwise specifically indicated shall mean the official of
the Village of New Hope.
1..02 Qouncil
IiCouncilH shall mean the Village Council of the
Village of New Hope.
1.03 Police and Fire
"Police Department", IIPolice Chief", ilFire Depart-
mentll, "Fire Chief" 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
"State" shall mean State of Minnesota.
1.05 County
"County" shall mean County of Hennepin.
1.06 Street
"Street" shall mean any public way, highway, street,
avenue or other public thoroughfare.
010166
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1.07 Sidewalk
"'Sidewalkn shall mean that portion of the street
between the curbing and adjacent property line intended
for the use of pedestrians.
1.08 Code
>lCoden shall mean Code of Ordinances of the Village
of New Hope or New Hope Village Code.
1.09 Published Notice
1IPublished Notice" shall mean notice published in
the official newspaper designated each year by Council
resolutions published two weeks prior to any hearing unless
otherwise specified.
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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 femin~.
The use of either masculine, feminine or
neuter gender includes the other genders.
Subd. (3) Pas~2 pr~sent and future.
The use of either past, present or future
tense includes the other tenses.
1023 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.
... ~".
. ..
~: '..
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~\.
"
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 othenvise 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 provision of this Code is repealed, and
that section has repealed a prior provision, such prior
prOV1S1on 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 "shall" whenever used l.TI these Ordinances is
always mandatory and not merely directory.
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1.40 PENALTY PROVISION
1.41 Fine and imprisonmen!.
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
for a 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
GOVERNHENT
AND
GOVERNHENTAL UNI
m C
.L w
*
2010 E LEe 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.
Subdo (1) Adoption of Registration System.
A system for the permanent registra-
tion 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 R E R SON N E L
2.21 Mayor and Councilmen Salaries
The salary of the Mayor is hereby established at
$225.00 per month and the salaries of each of the Council-
men is hereby established at $150.00 per month.
092269
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) Appoin.tmentand 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. C 2) Duties.
The Bui1di~g 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
2030 ~ 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.
~
^
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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 two-thirds
vote of all the members of the Council.
2.42 Composition.
Subd. (1) Number.
The Planning Commission 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.
010166
Subd. (2) Term.
Unless sooner removed by a four-fifths vote
of the Council, nine of the members shall serve
a term of three years, and the person appointed
as the tenth member shall serve a term expiring
the first business day of January in the year.
following the year appointed. All members ap-
pointed and qualified shall serve until their
successors qualify.
Subd. (3) Councilman May be Tenth Member.
The Council may appoint a member of the Council
to be the tenth member of the Planning Commission
who shall serve a term expiring on the first business
day of January in the year following the year ap-
pointed. .
082267
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
.3.-
"
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 buildings, street arrangements and im~
provements, public utility services, parks, playgrounds,
and other similar developments. 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 31st, following their election.
2.45 Meetings.
The Planning Commission shall hold two regular
meetings each month, on such days and at such times
as established by the Council. Special meetings ;tW
shall be called by the Chairman upon his request
not more than two days after receipt by the Chairman
or Secretary of a written request for a special 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
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its resolutions, 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.
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*
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.
:,ti4r{fFf}:.fj.:~~
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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.
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Subd. (3) "Civil Defense Forces"
Except in a declared emergency, "Civil
Defense Forcesfi 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. Hhenever 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.
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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
Clerk-Treasurer 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 forc.e and effect until
approved by the Council.
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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 coordinate 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 C:ivil flefense Agency and to the Governor upon
request. The Director shall, in cooperation with
010166
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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 carry 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 Programs.
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 stetions.,..-am'bulcmc.es, cantee.f;S ~ 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
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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 carry 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 Programs.
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&tidns."..am~u:LSlnces, canteE.r:s; 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.
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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.
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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 Volunteers~
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 Counc i1.
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~enis Compensation Law, or under any pension
law. >
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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 possibl.e 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
policeman 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.
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2.70 VOL D.N TEE R FIR E
D E PAR T MEN T
2.71 Establishment.
There is hereby established in the Village a volun-
teer fire department. The department shall be headed by
the Fire Chief who shall be an employee of the village
having a position in the classified service. In addition
to the Fire Chief, the department shall consist of volun-
teer personnel as follows: An Assistant Chief, a Fire
Marshal and not less than ten (10) nor more than thirty-
five (35) firemen.
2.72 Election.
The Assistant Chief and the Fire Marshal shall be
elected annually by the members of the department, sub-
ject to confirmation by the council. He 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 department, 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.
021069
2.73 Fire Marshal.
The office of Fire Marshal may be held by the Chief
or by the Assistant Chief, if the Council by resolution
approves. The Fire Marshal shall be charged with the
enforcement of all ordinances aimed at fire prevention.
He shall have full authority to inspect all premises and
to cause the removal or abatement of all fire hazards.
2.74 Fire Chief.
The Chier 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
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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 fires. Such record shall include
the time of the alarm~ location of fire~ cause of fire
(if known), type of bUilding, name of otvner 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' 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.
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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.
Ivlembers 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) ~elief 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
hour's 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
2.80
PAR K AND R E C REA T ION
COM MIS S I 0 N
2.81 Establishment.
There is hereby established a Park and Recreation Advisory
Commission for the Village of New Hope.
2.82 Composition.
Subd. (1) Number.
The Commission shall consist of five voting .~ A
members who shall be appointed by the Council. One ~ ~~y
commissioner will be selected from each of the three~ ~~'~
voting precincts with two at large. At all times '
both sexes shall be represented on the Commission
by at least one person~
Subd. (2) Term.
Each member shall serve a term of office for
three years, or until his successor is appointed
and qualifies, except for the members of the original
Commission. One member of the original Commission
shall serve a term of one year, two a term of two
years and two a term of three years.
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Subd. (3) Vacancies.
Any of the following shall be sufficient ground
for the office of a member to become vacated upon
the adoption of a resolution by the Council thereon:
(A)
(B)
(C)
(D)
(E)
Death;
Disability or failure to serve, shown
by failure to attend any of three
consecutive meetings without good
reason.
Removal of residence outside of the
Village of New Hope;
Resignation in writing,. or
Conviction of a crime constituting a
felony or an offense involving moral
terpitude. .
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112867
Subd. (4)
Filling of Vacancy.
Vacancies shall be filled for the unexpi red /
portion of the term by the Village Council.
2.83 Officers.
The members of the Park and Recreation Advisory
Commission at their regular meeting in January of each
year shall eleect, by secret ballot, from their membership,
a chairman and a vice chairman to serve for the ensuing
year. The office of chairman and/or vice chairman shall
not be held by the same individual for more than two con-
secutive years. The Director of Parks and Recreation shall
serve as secretary for the Commission.
2.84 Compensation.
The members of the Commission shall serve wi thout (j I"
pay but may be reimbursed for actual expenses if funds
therefor are provided in the adopted budgets of the Park
and Recreation Fund.
2.85 Meeting Procedures.
The Commission shall adopt rules for the transaction
of its business and shall establish regular meeting dates
at least monthly, but special meetings may be called by
any officer of the Commission upon three days notice to
all members. Three members at a regular or special meeting
of the Commission shall constitute a quorum. All questions
presented for a vote of the Commission shall be decided by
a simple majority of those present. Minutes of each meet-
ing shall be filed with the Village Clerk-Treasurer as a
permanent record of the village and mailed to the Village
Manager and all Commission members within two weeks after
the meeting. The secretary shall notify all members of
regular and special meetings of the Commiss i.on.
2.86 Duties.
The duties of the Commission shall be advisory to
the Village Council and shall include the followi~g:
(1) Submit an annual report not later than
January 31 which shall contain a sum-
mary of the Park and Recreation Depart-
mentIs activities for the past year.
112867
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(2) Submit a proposed budget not later than
July 15 for the ensuing year. The Com-
mission's recommendations for the ensuing
year shall accompany the proposed budget.
(3) Other reports shall be submitted to the
Council as requested or as the Commission
deems appropriate in light of the matter
under consideration.
(4) Be knowledgeable of desirable park and
recreation standards and evaluate the
department programs with these standards.
(5) Review current recreational programs and
evaluate these programs with the needs of
the community.
(6) The Commission may formulate and prescribe
reasonable rules and regulations for the
use by the general public of any park
facilities in any park areas. No such
rule or regulations shall be enforceable
by criminal prosecution unless adopted
by ordinance by the Council.
(7) Foster equitable and compatible relation-
ships between the Village and the school
district in which the Village is located
in the joint use of facilities with re-
gard to park and recreation programs.
(8) Foster equitable and compatible relation-
ships with neighborhoods and individual
citizens as regard park and recreation
programs.
(9) To keep public officials informed on the
status and progress of recreation services.
(10) Interview the persons certified by the
Personnel Board from the eligibility List
for the position of Director of Parks and
Recreation and make their recommendations
to the Village Manager.
112867
2.90
I N D U S T R I A L
COM MIS S ION
2.91 Short Title.
This ordinance shall be known and may be cited as
the "New Hope Industrial Commission Ordinance".
2.92 Definitions.
The following words and their derivations when used
in Sections 2.90 through 2.107 have the meanings as set
out herein:
Commission means the Industrial Commission of
the Village as created by this Ordinance.
Chairman means the Chairman of the Industrial
Commission as provided for hereunder.
Secretary means the Secretary of the Industrial
Commission as provided for hereunder.
Planning
Commission means the Village Planning Commission
of the Village of New Hope.
2.93 Establishment.
An Industrial Commission is hereby established to be
advisory to the Council and the Planning Commission, which
Industrial Commission shall have the powers and duties
hereinafter set forth.
122667
2.94 Composition.
The Commission shall consist of fifteen (15) members.
The members shall be appointed by a majority of the Council
and shall serve without compensation.
2.95 Terms of Office.
The members of the Commission shall be appointed for
a term of one (1) year. The first Commission shall serve
until December 31, 1968, therafter appointments shall be
made in January of each year and shall expire December 31
of the year in which appointment is made.
011369
2.96 Vacancies.
Vacancies occurring in the Commission shall be
filled for the unexpired term by an appointment by a
majority of the Council. The remaining members of the
Commission shall interview candidates for Commission
membership and make reco~~endations thereon to the
Council.
011369
2.97 Removal of Members.
The Council, by a unanimous vote of all its members,
shall have the authority to remove any member of the Com-
mission from office, whenever, in its discretion, the
best interests of the Village shall be served thereby.
2.98 Officers.
Within 30 days after their appointment, the
members of the Commission shall meet in regular session
and organize by electing from their members a Chairman,
Secretary and such other officers as it may deem necessary.
2.99 Duties of Officers.
(1) Chairman.
It shall be the duty of the Chairman to
preside over all meetings of the Commission.
In his absence, a Chairman pro tempore may be
elected to preside.
(2) Secretary.
It shall be the duty of the Secretary to keep
a record of all proceedings of the Commission,
transmit its recommendations to the Council,
Planning Commission and other Village govern-
mental-bodies and perform such other duties as
directed by the Commission.
2.101 Rules and Procedure.
The Commission shall adopt a set of rules to govern
its own meetings and procedures. The rules may be- amended
from time to time, but only upon notice to all members that
122667
the said proposed amendments shall be acted upon at a
specified meeting. A majority vote of the Commission shall
be required for the approval of the proposed amendment.
2.102 Meetings.
(1) Regular Meetings.
The Co~~ission shall meet in regular seSSlon at
least once a month at a time and place selected
by a majority vote of its members.
(2) Special Meetings.
The Chairman of any three members of the Com-
mission shall have the authority to call
special meetings of the Commission. Written
notice of special meetings shall be given to
all members at least 24 hours prior to the time
of the meeting unless the time and place for
the special meeting is set at a regular or
regular adjourned meeting.
(3) Open I\!eetings.
All meetings of the Commission shall be open
to the public.
2.103 Absence of Members.
Absence-from four consecuritive regular meetings with-
out the formal consent of the Commission shall be deemed to
constitute a resignation of a member; and the vacancy thus
created shall be filled thereafter as provided in Section
2.96 herein.
2.104 Powers and Duties.
The Commission shall have the following powers and
duties:
(1) To confer with and advise the Council and
Planning Commission on all _matters concerning
the industrial and commercial development of
the Village.
(2) To publicize, with the consent of the Council,
the industrial and commercial advantages and
opportunities of the Village within the means
provided by any appropriations made therefore
by the Council.
122667
(3) To collect data and information as to the
type of industries and commerce best suited
to the Village.
(4) To periodically survey the over-all condition
of the Village from the standpoint of determining
whether the Village has a community climate for
industry and to determine the general receptive-
ness of the Village to particular types of
industry.
(5) To publicize information as to the general
advantages and disadvantages of industrial and
commercial development in a community.
(6) To cooperate with all industries and businesses
in the Village in the solution of any com-
munity problems which they may have, and to
encourage the expansion, development and manage-
ment of such industries and businesses so as
to promote the general welfare of the Village.
(7) To cooperate with all community groups and
civic organizations within the Village and to
furnish them such aid and advice as deemed
appropriate.
(8) To aid the Council and Planning Commission in
the proper zoning and orderly development of
areas suitable for industrial and commercial
development.
(9) To develop, compile, coordinate and publicize
with available funds information such as, but
not limited to, the following:
a. Existing industrial and commercial con-
cerns within the Village, their addresses,
types of business, number of employees
and whether each serves local, regional
or national markets.
b. Available industrial and commercial sites
including number of a~res, approximate
price, existing zoning ~nd proximity to
trackage and highways.
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c. Available buildings for industrial and
commercial operations including type of
building, number of square feet, existing
zoning and proximity to trackage and
highways. (Minnesota State Department
FOTm) .
d. Transportation facilities, including
railroads, motor carriers, water trans-
portation, air transportation and highway
facilities.
e. Electric power available.
f. Fuels available for industrial and com-
mercial use.
g. Sewage disposal facilities.
h. Water supply facilities.
1. Community facilities such as fire, police
and educational.
]. Recreational facilities.
k. Going wage rates in the Village for the
trades, skilled, semi-skilled and white
collar workers.
1. Availability of labor.
ffi. General community attitude toward industrial
and commercial expansion, development and
attraction.
n. Experience and program of surrounding sub-
urban communities in regards to industrial
and commercial expansion, development and
attraction.
(10) To recommend to the Council and Planning Com-
mission policies and particular actions in
regards to industrial and commercial expansion,
development and attraction.
(11) To cooperate with and use the facilities of
the Minnesota Department of Business Development.
122667
2.105 Advisory Capacity.
Except as may otherwise be provided by ordinance,
the powers and duties of the Commission are of an advisory
nature only, and the Commission shall not have any powers
or duties which conflict with or supersede the powers and
duties of other Village commissions and boards.
2.106 Village Officials to Cooperate.
All Village officials, department heads, employees
and appointees shall cooperate with the Commission and
render all reasonable assistance.
2.107 Annual Report.
The Commission shall render annually a full report
of its work to the Council.
122667
2.110 HUM A N
RIGHTS
COM NI S S I ON
2.111 Policy of Village of New Hope.
It is hereby declared that it is the pub lic pol icy
of the Village of New Hope to fulfill its responsibility
as a partner of the State Department of Human Rights in
securing for all citizens equal opportunity in housing,
employment, public accommodations, public services and
education, and to work consistently to improve the human
relations climate of the Village of New Hope.
2.112 Human Rights Commission Established.
There is hereby established within the Village of
New Hope, a human rights commission.
2.113 Purpose.
The purpose of the commission is to secure for all
citizens equal opportunity in employment, housing, public
accommodations, public services, and education and full
participation in the affairs of this community by
assisting the State Department of Human Rights in imple-
menting the Minnesota State Act Against Discrimination
and by advising the Village Council on long range pro-
grams to improve community relations in the Village of
. New Hope. .
040868
2.114 Membership, Ter~~ and Removal.
The Commission shall consist of 15 members to be
appointed by the Council in the following manner: Each
Council member shall name and appoint three members to the
Commission. Members of the Commission shall be appointed
with due regard to their fitness for the efficient-dispatch
of the functions, powers and duties vested in and imposed
upon the Commission. Members of the Commission shall be
appointed for terms of three years, the terms to be staggered
in order to provide continuity of policy and program. Va-
cancies occurring in the Commission shall be filled for
the unexpired term with an appointment by the Council member
(or his successor) who appointed the person whose absence
creates the vacancy. Upon the expiration of his term of
office, the member shall continue to serve until his suc-
cessor is appointed and shall have qualified. The Commission
as hereafter constituted and consisting of IS members shall
consist of the five initial Commission members who shall
serve for the term appointed, and the ten new members who
shall be appointed for terms as follows: Four members
appointed for a term of three years, three members for a
term of two years, and three members for a term of one year.
112568
2.115 Commission's Duties.
In fulfillment of its purpose the Commission's duties
and responsibilities shall be to:
(1) Adopt bylaws and rules for the conduct of its
affairs including the election, assumption of duties
and definition of responsibilities of officers and
committees.
(2) Draft a memorandum of agreement with the State
Department of Human Rights for the purpose of deter-
mining regulatory and enforcement procedures.
(3) Enlist the cooperation of agencies, organiza-
tions and individuals in the community in an active
program directed to create equal opportunity and
eliminate discrimination and inequalities.
(4) Formulate a human relations program for the
Village of New Hope to give increased effectiveness
and direction to the work of all individuals and
agencies addressing themselves to planning, policy
making and educational programming in the area of
civil and human rights.
040868
C;"'\ t'l" .1-' "',C -t.." "'-"-.. r'"l ~l d
~) AaVlse ~ne Mayor, lhe VIllage Louncl~ an,
atlier agencies of' tlle gO\Tel'"llluen t of 11UJnaYl l'e-
lations and civil rights problems~ Act in an
advisory capacity with respect to planning or
operation of any city department on issues of
ci viI and human rights and recoIn.mend the adoption
of such soecific policies or actions as are needed
to provid~ for full eaual opportunity in the com-
munity.
(6) Develop in cooperation with the State Depart-
ment of Human Rights such programs of formal and
informal education as will assist in the imnle-
mentation of the Minnesota State Act Against Dis-
crimination and provide fOT the commission's assump-
tion of leadership in recognizing and resolving po:
tential problem areas in the community.
04-0868
C HAP T E R 3
BUILDING
J..
"
3.00
FEE
F 0 R
S A N,D A P P LIe A T ION
PERMITS.
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.
3002 Granting of Permito
Upon such statement being filed as required in
Section 3.Ql 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 ~.
Subd. (1) Payme~.
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 shall, when subsequently securing such
permit, be required to pay double the fees h~rein
provided for such permit, and shall be subject to
all the penal provisions of this ordinance.
3.04 Building Permit Fees.
The ap'plicant for a permi t under the "Building Code",
Section 3.20, as amended, shall pay to the Village at the
time of making such application, the following fees:
010166
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 or addition included in such permit,
shall be at the rate of $1.40 for each 1000
cubic feet, or fraction thereof, in cubical
con ten t.
Subd. (2) Commercial or Industrial.
For any permit for the erection of any com-
mercial or industrial building or buildings of
public assemblage, or for the erection of any
addition for similar occupancy to any existing
building, the fee so charged shall be $5.00 for
the first $500.00 of value of the estimated cost;
and if the estimated cost for all proposed work
exceeds $500.00, the fee shall be $5.00, plus
$2.00 for each $500.00 of estimat~d cost or
fraction thereof in excess of $500.00. A minimum
fee of $25.00 shall be charged for any permit
issued under this subdivision.
122667
Subd. (3) Repair 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
$2.00 for each $500.00) or fraction thereof, in
the cost of all proposed work included in said
permit, provided however, that no fee shall be
charged for issuance of such permit if the cost
of all proposed work does not exceed $50.00.
122667
Subd. (4) Cubical 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 building
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.
Subd. (5) Expenses.
All engineering, surveyor other expenses in-
curred by the Village for the purpose of establish-
ing street grades, or to determine that the applicant
or permittee has or is complying with the regulations
of this ordinance, or any other ordinance of the
Village, shall be charged to the applicant or per-
mittee as an additional fee for such permit.
010166
permittee as an additional fee for such permit.
Subd. (6) Clean -up Depos it.
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
unsightly material removed.
Electrical Permit Fees.
3.05
The applicant for a permit under the "Electrical
Code", Section 3 .60, as amended, shall pay the Village
at the time of making such application the following fees:
Subd. (1) Services and Feeders
(a) Services
For the installation of new services, including
the first meter socket, in any building or structure,
the fee shall be as, follows:
Services of 600 volts or less:
Not exceeding 200 Amp.
201 Amp. to 600 Amp., inclusive
601 Amp. to 1200 Amp., inclusive
1201 Amp. to 1600 Amp., inclusive
1601 Amp. to 2000 Amp., inclusive
2001 Amp. to 3000 Amp., inclusive
Exceeding 3000 Amp.
Fee:
$ 6.00
11.00
20.00
25.00
30.00
35.00
40.00
For the purpose of permit fees, services of 600 volts
or less shall include all service conductors to the
first point of distribution not extending beyond
service equipment.
For the installation of additionaL meter 5ocket~,
the fee shall be $1.25 for each meter socket.
Services over 600 volts:
Not exceeding 200 Amp.
2 0 1 l~mp. to 400 Amp., in c Ius i v e
Exceeding 400 Amp.
Fee:
-
$10.00
15.00
20.00
022268
(b) Feeders:
For the installation of feeders in any
building or structure, the fee for each feeder,
conduit and wire, feeder duct, plug-in busduct or
trolley duct shall be as follows:
Feeders of 600 volts or less:
Not exceeding 60 Amp
(Exception: Feeders rated
60 Amp. or less in single,
two-family or multiple
dwellings are excepted)
61 Amp. to 100 Amp., inclusive
101 Amp. to 225 Amp., inclusive
226 Amp. to 400 Amp., inclusive
401 Amp. to 600 Amp., inclusive
601 Amp. to 800 Amp., inclusive
801 Amp. to 1000 Amp., inclusive
1001 Amp. to 1600 Amp., inclusive
1601 Amp. to 2000 Amp., inclusive
2001 Amp. to 3000 Amp., inclusive
Exceeding 3000 Amp.
Feeders over 600 volts:
Not exceeding 200 Amp.
201 Amp. to 400 Amp., inclusive
Exceeding 400 Amp.
Subd. (3) Sign Circuit.
Fee:
$ 4.00
5.00
6 .00
7.00
8.00
9.00
10.00
15.00
16.50
18.00
20.00
Fee:
$15.00
17.50
20.00
022268
For each permit for WIrIng for andior connecting
an electric sign, for the first branch circuit re-
quired for such sign, $4.00; and for each additional
branch circuit required for such sign, $1.00.
122667
Subd. (4) Heating Devices, Motors, Transformers, Etc.
(a) Motors:
For each permit for WIrIng for, installing
and connecting electric motors, or other ap-
paratus rated in horsepower, except wiring for
022268
major electrical appliances in single, double,
or multiple dwellings, requiring separate cir-
cuits, including ranges, cook tops, wall ovens,
dishwashers, disposals, clothes dryers, water
heaters, self-contained air conditioners up to
and including 28,000 BTD rating, there shall
be a minimum fee for the first H.P., or fraction
thereof of $4.00.
For each additional horsepower, or fraction
thereof, in excess of one H.P., but not ex-
ceeding 200 H.P., 2S~.
For each 10 horsepower, or fraction thereof,
In excess of 200 H.P. 25~.
(b) Transformers:
For each permit for wIrlng for, installing
and connecting transformers, for lighting or
heat or power, generators, heating devices,
rectifiers, or other apparatus rated in watts,
except wiring for major electrical appliances
in single, double, or multiple dwellings, re-
quiring separate circuits, including ranges,
cook tops, wall ovens, dishwashers, disposals,
clothes dryers, water heaters, self-contained
air conditioners up to and including 28,000 BTD
ra ting, there shall b e q~ mjnimum fee of $ 4.00
for the first one kilo-~~lt-ampree (K.V.A.)
capacity or fraction thereof.
For each kilo-volt-ampere capacity, or
fraction thereof, in excess of one, but not
exceeding 200 K.V.A., there shall be an ad-
ditional fee of 2S~.
For each 10 kilo-volt-ampere capacity, or
fraction thereof, in excess of 200 K.V.A., there
shall be an additional fee of 2S~.
Cc) Appliances:
Wiring for major electrical appliances in
single, double or multiple dwellings, requiring
separate circuits, including ranges, cook tops,
wall ovens, dishwashers, disposals, clothes
dryers, water heaters, self-contained air con-
ditioners up to and including 28,000 BTD rating,
022268
the fee shall be $5.00 for the first such
appliance, an additional $3.00 for the second
such appliance, and $1.00 for each additional
appliance in excess of two on the same permit.
(d) Computation of Units:
In determining the amount of the fees in
this subdivision the units in each class of
the apparatus enumerated shall be figured col-
lectively, but each class shall be figured in-
dependently of the other class and motQr-
generators shall be rated according to the rated
horsepower of the motor only.
022268
Subd. (5) Sockets.
For each permit for the installation of lamp
sockets or lamp receptacles for use on lighting
fixtures and drop cords or attached directly to the
outlet, the minimum fee shall be $2.00 for the first
ten (10) sockets or receptacles, or for any fraction
thereof, if less than ten (10); if between 10 and 20,
the fee shall be $4.00. For each additional ten (10)
such sockets or receptacles, or fraction thereof, in
excess of the twenty, the fee shall be $4.00, plus
$1.25 for each additional ten, or fraction thereof.
Subd. (6) Socket, Border, Strip, 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
fee shall be $1.25 for the first ten (10) sockets,
or receptacles, or for any fraction thereof, if
less than ten (10), including the installation of
such sockets, or receptacles. For the next twenty
(20) sockets, or fraction thereof, $1.00. For the
next thirty (30) sockets, or fraction thereof, $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 incan-
descent lamps.
122667
Subd. (7) Luminous 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 500, $.20.
This volt-ampere rating shall be based on primary
current and voltage.
Subd. (8) Sign and Billboard Wiring.
For each permit for the wiring of each electric
sign for outdoor use or of each billboard, employing
incandescent lamps for illumination, or luminous tubes
energized by transformers, for the first five hundred
(500) volt-amperes, or fraction thereof in the capacity
of such sign or billboard, $5.00. For each additional
one hundred (100) volt-amperes, or fraction thereof,
$.20.
The \<lords, "wiring of!!, as used in this subdivision
3.05 (7), shall be constTued 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.
Subd. (9) Alterations and Repairs.
For each permit for the alteration, reaTrange-
ment or repairing of existing electrical equipment,
or for other electrical work not included in the
above, $4.00 for the first one hundred dollars ($100),
or fraction in the estimated cost thereof. For each
additional one hundred dollars ($100), or fraction
thereof, in the cost of such proposed work, $1.50.
Subd. (10) Combined Permit.
Where a combined Dermit lS issued for both
wiring and fixtures, th~ fee to be charged for
such permit shall equal the combined fees, as
above set forth, for each such class of such work
of installation.
122667
Subd. (11) Moving Picture Machines.
For each permit for wiring for, installing
and connecting moving picture machines, for each
complete machine, $5.00, not including the recti-
fying apparatus.
Subd. (12) Storage Batteries.
For each permit for wiring for, installing
and connecting a stoTage battery, for each ten
(10) kilowatt hours rated capacity, or fraction
thereof, $4.00.
Subd. (13) Decorative.
For each permit for installing and connecting
outdoor seasonal decorative stringer lighting over
public property, whether connected to street light-
ing or serviced from adjacent buildings, each such
stringer, including the electrical service thereto,
$4.00.
122667
Subd. (14) Fire Alarm Systems.
For the installation of auxiliary fire alarm
systems, for 1 to 5 stations, inclusive, Five Dol-
lars ($5.00); for each addition group of 10 stations,
or fraction thereof, Five Dollars ($5.00). The total
fee shall in no instance exceed the sum of Forty
Dollars ($40.00).
081169
3.06
Plumbing Permit Fees.
The applicant for a permit under the "Plumbing Cade"
Section 3.70, shall pay to the Villa~e 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,
except as hereinafter otherwise specifically
provided, shall be $2.00.
Subd. (2) Fixture Openings.
Where any such permit is issued for the instal-
lation of plumbing work providing for certain pro-
posed fixtuTes 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) Setting Only.
WheTe any such permit is issued for the setting
only of certain plumbing fixtures for openings pre-
viously left for same, a fee of $1.25 shall be charged
for each such fixture, which fee shall be in addition
to the fee charged for other plumbing work, if any,
included in the same permit.
Subd. (4) Misc. 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:
122667
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
3.25
2.00
2.00
2.00
3.00
4.00
A plumbing fixture means and includes any sink,
laundry tub, bath tub, wash basin, drinking fountain,
floor drain or any other plumbing device arranged to
be connected with the se\ver or plumbing system, either
directly or indirectly, and required by this Code to
be trapped.
3.07 Gas Fitting Permit Fees.
The applicant for a permit under the "Gas Appliances,
Piping and Equipment" Ordinance, Section 3.80, shall pay to
the Village at the time of making such application the fol-
lowing fees:
Subd. (1) Regular Fees.
For installing gas piping, providing for not
to exceed 3 gas fixtures or gas devices, the fee
shall be $2.00; for any such permit providing for
more of such fixtures or devices, the fee shall be
$2.00, plus 75 cents for each in excess of three.
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,
$2.00 for each device included in such permit. The
122667
fee of $2.00 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 included in
the permit. For any permit for installing, altering
or repairing gas burners and for gas burning equip-
ment, $2.00. For use in connection with a heating
system the fee charged shall be that provided for the
permit for the installation of any gas piping for the
burne'r and for equipment. .
Subd. (3) Combined Fees.
Where any permit is issued for both gas piping
and plumbing the fee for such permit shall be equal
to the combined fees for each of the classes of work
or installation.
122667
3.08
House Moving Permits.
The application for a permit under the "Building
Movingll 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 .
The applicant for a permit under the "Filling, Exca-
vating, Digging" Ordinance, Section 3.100, shall pay to
the Village at the time of making such application, a fee
of $25.00. In the event the Council determines that the
actual cost to the Village as to direct and indirect ex-
pense connected with the issuance of such permit is less
than $25.00, the Council may reduce the fee to the esti-
mated actual cost to the Village.
3.11. Sewer Permit Fees.
The applicant for a permit under the llSewer Ordinance"
Chapter 5, shall pay to the Village at the time of making
such application the following fee:
Subd. (1) Buildihg Se~er.
For residential building sewer permits, $7.50
and for a commercial and industri.al building se'wer
penlit, $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 fractOn 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
work.
3.12 Water Connection Permit.
The applicant for a permit under the nWater Codeli,
Chapter 5, shall pay to the Village at the time of making
such application the fee of $lO.OO which fee shall be sepa-
rate from and in addition to any connection charges.
3.13 Well Drilling Permit.
The applicant for a permit under the ilWell Drilling
Ordinanceli, Section 3.120, shall pay to the Village at the
time of making such application the fee of $5.00.
3.14 Swimming Pool Construction Permit.
The applicant for a permit under the lIPrivate Swim-
ming Poolil Ordinance~ Section 3.110, shall pay to the
Village at the time of making such application the fol-
10't,qing 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
3.2l 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 pursuits.
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 Codeo
010166
3.23 Application, to Existin~ Buildin@is.
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 Repairs.
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.
3.24 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 w~r1ng, 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 having 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 Survey..
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
pla'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) Proposf;?,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.
Scbd. (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:
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Subd. ,(1) General ReCJuirements.
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 shm~ 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 effect that Ifv10rk shall be done in
accordance "lith the Building Code" or tt to the satis-
faction of the Building Inspector," shall be deemed
imperfect 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 o~vner,
architect, structural engineer or designer.
Subd. '(2) Plo!= 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 cono
struction and all shrubs and trees proposed to be
planted tmIDediately after erection of the building.
Subd. (3) ,F1Qor.:.Plans.
Floor plans, including basement or foundation
plan.
Subd. .(9-),.Exterior Eleyations.
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. Desi.gn and Con~tructio~.
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.
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Subd. (7) Degree' of_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.
Subd. (8) Small' DvJellings 0
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) Disposi'tion of Plans and Specific~tions.
When the Building Inspector issues the permit
he shall endorse in writing or stamp both sets of
plans and specifications "Approved." 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.
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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 . 2 8 Perm it.
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 prereq-
uisites provided herein, issue a permit therefor, within
a reasonable time, together with a suitable card showing
that the permit has been issued, to be posted at an entrance
to the structure.
No permit for a multiple dwelling, commercial or
industrial building or buildings for public assemblage
shall be issued until the plans and specifications and
site plan have been referred to the Planning Commission
for their review and recommendations and such permit has
been approved by the Council.
081169
3.29 N~tice 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.
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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 to 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.
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3.32 Fees.
The applicant shall pay the fees provided in
Section 3.04.
3.33 Safety of Structures.
Subd. (1) Design_,a''Ild 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.
Suhd. (2) Unsafe ',Struc>tures.
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,"Dangerous Buildings", shall apply
and govern such determinations.
Subd. (3) Endanger Lif~..
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.
f\1^'1L:.~
3834 Residential Lot Area and Accessibility.
Subd. (1) ~ront Footag~.
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 48
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.
S~bd. (3) One nwelling.
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), Se~-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.
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Subd. (6) 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.
Excepf 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: When fronting
on one street--5,000 square feet; when fronting on two
streets--6,000 square feet; and when fronting on three
streets--7,500 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--6G 2/3'70.
For fireproof buildings--50%.
For fireproof buildings, fully equipped with
automatic sprinklers--lOO%.
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.
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3.36 Space Requirements and Exitso
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)'Ceiling HG~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 areao
S Jbc;, (2) ~~rc:..~.Jl.(guir_emen~_~.
(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 flo.or area of not less
than 180 square feet. This room, referred
to as the vVliving room", may have a floor
area of not less than 150 square feet, pro-
vided tnat it is connected with anptper 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 H1iving roomil.
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(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
lvidth.
(C) Preparation of Food.
Where facilities for the storage or prep-
atation of food are located in a room other
than a kitchen, the area of such room shall be
increased bevond the above-stated minimum re-
quirements by an area equal to that occupied
by such facilities.
(D) Halls and Stain-tay's.
The floor area covered by halls and stair-
ways shall be excluded in determining the mini-
mum space requirements for living units.
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(E) Storage and Bathroom.
Each living unit shall have in addition
to the habitable rooms:
(i) storage OT closet space having a
~loor area of not less than 15
square feet, and in addition thereto;
(ii) storage and closet space providing an
average of 15 square feet for each
bedroom or room used for sleeping
quarters, and '
(iii) a bathroom having a floor area of not
less than 48 square feet.
In determining the average square feet under (ii)
above, only space provided in a bedroom or room
used for sleeping quarteTS shall be used.
072268
(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)
Exits.
-.-'.--
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~
fr om.
3.37 Foundation and Walls.
All exterior and division bearing walls of buildings
shall conform to the following:
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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 \valls 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 l2 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.
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Walls in skeleton construction shall be
supported by girders at each story, and shall be
not less than 8-inch "In 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 I 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, exclusive
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 thickness.
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 construction,
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.
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3.38 Brickfacing.
All exterior walls of commercial and industrial build-
ings and of multiple dwelling buildings with three or more
building units (apartments) erected or altered so as to re-
quire compliance with this Building Code as provided in
Section 3.23, shall be of brick veneer construction or of a
substitute material which is approved by the council as being
the substantial equivalent of new brick as to quality,
durability and appearance, in harmony with surrounding prem-
ises. An adjustment or exception to this requirement may be
granted by the council:
112568
(a) Under Section 3.54 herein as to walls
which do not show to the public view to
disadvantage, or;
(b) For planned residential development under
Section 4.23, Subdivision 9
and providing such adjustment or exceptions shall be found
by the council to promote and safeguard the public health,
safety, convenience, prosperity or general welfare of the
village.
112568
3.39 Floor and Roof Loads.
The dead load in all buildings shall consist of the
actual weight of walls, floors, roofs, partitions and all
permanent construction. The live or variable load shall
consist of all loads other than dead loads. Each and every
floor and roof shall be of sufficient strength in all of
its surface. Live loads as follows:
Type of Occupancy
Minimum Live Load
Per Square Foot
Dwellings, single and multiple:
Rooms and corridors . . .
Sloping roofs . . . . . .
Flat Toofs . . . . . . .
Public Assemblage buildings:
Auditoriums and corridors . .
Other spaces . . . . .
Commercial buildings:
First floor . . . 100 pounds
Second floor .. . . 75 pounds
Industrial buildings. ..... As required for
, loads involved as determined by
Council, but not less than com-
mercial buildings.
Office Buildings . . . . . . . . .' 75 pounds
Roofs other than residential . .. 40 pounds
40 pounds
30 pounds
35 pounds
100 pounds
60 pounds
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3.41 Joists, Rafters and Studdin~s.
Each dwelling shall have floor joists of at least
2ii x 8" for a 12-foot maximum span, 2~; x IOn for a 16-
foot maximum spans and 211 x l2u for an l8-foot maximum
span. Ceiling joists shall be at least 2" x l:.'l on an
approved trussed roof; 2" x 617 for a maximum span of 12
feet; 2H x 811 for a maximum span of 16 feet, and 211 X 10"
for a span in excess of 16 feets all of which shall be
Number 1 grade lumber.
Rafters and studdings in exterior walls shall be
211 x 4H for a maximum span of 16 feet sand 2" x 6~j 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 centers 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
feet9 excepting within rooms having sloping ceilings 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 3' x 6'811 and the rear or side door having
an area of not less than 2'8" x 6'811.
The total glass area of required windows in any
habitable room shall not be less than 10% of the floor
area of the room; li2 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.
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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 'tiTall 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 follow-
ing plumbing fixtures as a minimum requirement:
(1) A kitchen sink, properly located to facilitate
food preparation, cooking and dishwashing.
(2) A water 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
il~vater CodeY!, Chapter 5.
Subd. (!) Private Wells.
I ..'-#
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 nT/Jell 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) Private Disp~sa~.
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 "\,qith the "Se"\ver Codel ,
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 CodeH, Chapter 4.
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 \vith compos ition
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
with 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 with 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 1fith non-corrosive and rust-resistive nails or
materials according to standard practice.
o 10166
3.49 Adoption of publications by Reference.
Subd. (1) Uniform Building Code.
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 lIUniform Building Code, 1961 Edition,
Volume Ill, except to the extent that the provisions
of said IiUniform Building Code", are inconsistent
with the other sections of this Code, and save and
except such portions as are amended or modified in
Sections 3.49 (2) and 3.50. In the event of in-
consistency beVdeen the said IIUniform Building Cadell
and this Code, the more restrictive provision or
provisions shall govern. Three copies of said I1Uniform
Building Code, 1961 Edition, Volume 1'1, shall be
marked as "Official Copyll and filed for reference
and inspection in the Office of the Clerk-Treasurer.
Subd. (2)
Certain ATIiendments Made in Uniform
BUJ.lding Code.
The said Uniform Building Code is amended and
changed in the following respects:
(A) Section 3712 is amended by adding thereto
Subd. (m) to read as follows: .
(m) Ashpit. fu~y fireplace hereafter
constructed in any single-family,
two-family or apartment house as
defined in Section 402 of this Code,
081169
that utilizes an ashpit in its
construction shall have:
(1) at least one cleanout; (2) a flat
floOT no more than 611 below the bottom
of the cleanout; (3) no hidden or re-
cessed areas. All portions of the ash-
pit shall be easily accessible from
the cleanout. II
(B) Notwithstanding the provisions of the Uniform
Building Code or Section 3.41 of this Code~
the us~ of truss construction is per~itted
provided the following procedures and regu-
lations are complied with:
1. Before using truss construction, anyone
wishing to use this construction shall
apply to the Building Inspector for a
special permit and with such application
shall submit detailed plans and designs
for which such permit is requested.
2. The detailed plans and designs of the
truss and roof assemblY submitted shall
be certified by a registered architect
or structural engineer as providing safe
and effective construction.
3. If the building inspector approves the
design, a permit shall be issued subject
to any conditions and objections recom-
mended by the building inspector.
4. The construction shall) in all cases, fol-
low the approved design, together with
any such conditions and objections and
all manufacturer1s recommendations.
5. All wood used shall be stress graded and
so stamped.
6. Truss assemblies shall not be greateT than
24 inches apart from center to center.
(C) Section 3805 is amended to read as follows:
llEvery Group A and B Occupancy of any
height~ and every Group C Occupancy of
two or more stories in height, and every
Group D, E, F and G Occupancy three or
081169
CD)
S b" ('Z"
U <1. .-)
mare stories in height, and every
Group H Occupancy four or more stories
in height and every Group E and F Occu-
pancy over twenty thousand square feet
(20,000 sq. ft.) in area shall be equipped
with one or mOTe interior wet standpipes
extending from the cellar or basement
into the topmost story, provided that
Group B buildings have no stage and having
a seating capacity of less than 500 need
not be equipped with interior standpipes."
Notwithstanding the provisions of S~~tion
3302 (D), Uniform Building Code, 1964 Edition,
incorporated by reference in Section 3.49,
Subd. (1) of this Code, one of the required
two exits from a basement or cellar of a
single-family residence building may consist
of a \dndo\'! 1,-,hich is openable from the inside
without the use of a key or any special knowl-
edge or effort provided that the window shall
be a minimum of thirty-six inches in width,
thirty-six inches in height, that the sill be
no more than forty-eight inches above the floor
level, and provided that the exit window shall
swing in the direction of exit travel and that
window well will be sufficiently large to allow
the window to be fully opened. Only one means
of exit, consisting of a stain~ay, is required
from the basement or cellar of a single-family
residence building if the basement or cellar is
not used for sleeping quarters.
, Adoption .?f l'-finneapolis Elevator Ordinance.
Chapter 170 (Elevators, etc, General Regulations)
and Chapter 171 CElevatoTs, etc. Construction and
Operation) of the Minneapolis Code of Ordinance, as
amended and as the same appears from pages 1-26, in-
clusive, in a pamphlet entitled "Minneapolis Code of
Ordinances, ElevatorsrT, are hereby adopted and in-
corporated by reference into the Building Code and
shall be in full force and effect in the Village in-
sofar as applicable to the regulation, construction
and operation of the elevators within the Village.
All references in said chapters tathe City of
Minneapolis shall be inte'rpreted. as meaning the Vil-
lage of New Hope and all references to ~h~ Inspector
of Bu~ldings s~al1 h~ ip"prDr~t0~ p~ the BuildiD~
J.., ~ r.-' ..~ ~............ -........l"....-. t.. t;,;. >t.... '.1.,,-, ~~t. -....t,
Inspec~or. Ihree caples of the saId Cnapters 170
and- 17-1 a- ('C,T'l"ue""1"le/1 ~.1 _r...~r~; r."::'l....t:..ol1.1..:)..r- ,....1.a..t1. bp. t'oo'"")"l"t'd
. ,:;' .' '_ L c:. __ '.... ,.),:) ",~, '-'- J;i CdJl"" ~.,~) .::>.:~ ..l J. ~ m<...' ",..:
as tfOffici al CO~)y., t 8..\"~(: fi 1. e d 'f 0 r' :.:(.~ f \~.: '.l.tnllC e r~r1d 7.. Ji ..
spection in th;::,; office cf T::he CJf;r1>Treilsurer.
081169
3.50 Re uirement for Construction of Multi Ie Family
Dwel 1ngs.
In addition to said Uniform Building Code provls1ons
relating to construction of all buildings, the following
provision shall apply to construction of multiple-family
dwelling with three or more living units (apartment house):
Subd. (1) Dead-Locking Bolts.
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.
Subd. (2) Elevators.
All apartment houses exceeding 3.5 stories in
height shall be equipped with a passenger elevator.
Subd. (3) Carpeting and Storage.
The floors of exitways of buildings used for
apartment houses shall be carpeted by a 'commercial
grade' of carpeting approved by the Building Inspector.
The term lexitways' includes passageways, stairways
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.
Regardless of any other provlslons 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.
Subd. (4) Fire Extinguisher.
In each apartment house there shall be provided
and placed at least one portable Class A fire extin-
guisher of a type suitable for the portable class of
fire, such fire extinguisher to be approved by Under-
wri ters f Laboratory,' lne., or other nationally recog-
nized testing agency, for each 2500 square feet of
living area in such building ands~ch extinguishers
shall be so placed on each floor of such building
that there shall be one at ti distance no gTe~tA~ than
50 feet from an exit door cf each apaTtment unit.
081H.~;;
Subd. (5)
All pal' '" ,L:::-) and. .L f ors and ceilings
shall be constructed of an ass ly with a Sound
Transmission Class (STC) T8"ting of not less than
50. All corridor walls and door fTames shall be
constructed of an assemblY with a Sound Trans-
mission Class rat of not less 40, except
that exit doors to corrld.Or s 11 have a Sound
Transmission Class Tating of not less than 30. The
Building Inspector shal require sufficient evidence
or proof be. submitted to s stantiate any claims
that may be made regaTding souIld transmission of an
assembly 01' door including certification by a
nationally recognized testing laboratory.
Subd. (6) Door Closers.
All exit doors units, storage and
utility rooms to corTi or common areas and all
stairwell doors (exit enclosures) or exterior doors
shall be equipped wi a TaCK and pinion type
automatic door closer ~ closing device to be
approved by the FiTe :::, 1 and shall insure
closing and latching afteI' having been opened for
use. Existing useis or buildings and buildings now
under construction shall be made to comply with said
requirement not later than September 30, 1968.
Subd. (7) Stain-Jells
losecl.
All interior s rwells ( t enclosures) shall
be enclosed. The interior walls. ceilings and doors
of the inte ior st l'be of n~t less than
one-hour fire resisti construction.
Subd. (8) .!!l<:illel~~'t.~~~_..::___
Incinerators s 11 no~ be installed in buildings
hereafter constructed. owne _of existing ~ses' or
buildings and of bui 5 now under constructIon shall,
not later than Sep 30, 1968, seal in a permanent
manner all service openings for chutes and charging
doors, except that the OViner leave unsealed and
operable the charging or ng directly into an
inceEerator installed In basement or grouIl.d level
of the building. ViOT}.:: of sealing shall be subject
to the approval of Fire Marshall.
081169
Subd. (9)
Securitv Device.
I
An approved security system shall be provided
fOT each building to control access. The secured
area provided for such system shall be the entire
building except for foyers. Dead latch type door
locks shall be provided with key cylinders on foyer
side and lever knobs (or door knobs) on hall side.
Latches to be type that are permanently locked fTom
foyer and permanently unlocked from hall side.
Subd. (10) Window Width Minimum.
All living rooms, kitchens and other rooms used
for living or sleeping purposes having an exterior
wall shall be provided with at least one window with
a minimum glass VJidth of 19 inches.
Subd. (11) One-hour Fire Resistive Construction.
In buildings all walls, partitions, floor-ceiling
assemblies, roofs, and other assemblies shall be of
not less tha.n one-hour fire-resistive construction,
except doors within individual living units and
windows in exterior walls.
Sub d . ( 12 )
Automatic Fire Detector and Alarm Systems.
(A)
Local Protective Signaling System 1967
Adopted.
There is hereby adopted by the Village and
incorporated into this Code for the purpose
of prescribing standards for the installation,
maintenance and use of local protective
signaling systems, that certain code known
as llStandard for the Installation, Mainte-
nance and Use of Local Protective Signaling
Systems for Watchman, Fire Alarm and Super-
visory Servicefl, prepared by the National
Fire Protection Association, for general
circulation and use, as the same appears in
a pamphlet entitled "Local Protective Sig-
naling Systems 1967" (hereafter referred to
as NFPA No. 72A) save and except such por-
tions as are hereafter modified or amended,
of which Code three cop~es have been marked
"Official Copyfl and flied for reference
and inspection in the office of the Clerk-
Treasurer.
08J,.16~
CB) Definitions.
The following words and phrases when used
in this Subd. (12) shall have the meanings
as set out herein:
(1) Approval.
"Approval!! means all equipment shall
be listed and meet approval of Under-
writers' Laboratories, Inc., Factory
Mutual, or other nationally recog-
nized testing agency. Manual stations
and fire detections systems shall be
used for fire protective signalling
purposes only. '
(2) Approved.
"Approved" means accepted by the Fire
Marshall as a result of his investiga-
tion and experience, or by reason of
test, listing or approved by Under-
"Hi teTs! Laboratories, Inc., Factory
Mutual, or other nationally recognized
testing agencies. '
(3) Automatic Fire Detection and Alarm
System.
1!Automatic fire detection and alarm
system'! means an approved system of
automatically operated heat, smoke and
combustion sensing devices, together
with manual pull stations as required,
which through approved coding trans-
mitters, annunciator panels, or com-
bustion thereof and an approved
supervisory type fire alarm panel shall
actuate audible and/or visual alarms
throughout the building.
(4) Listed.
"Listedll means equipment or materials
included in a list published by a
nationally recognized testing laboratory
that maintains periodic inspection of
production of tested equipment or ma-
terials, and whose listing states either
that the equipment or materials meet
nationally recognized standards or has
been tested and found suitable for use
in a specified manner.
08[169
(C)
Automatic Pi Te
Required.
Detection And Alarm System
.
Every building shall De provided with an
automatic fire detection and alarm system.
(D) D~tail~d Requirements.
(1) Wiring.
All wiring shall comuly with the re-
quirement~of NFPA No~ 72A, provided,
however~ that cable, including cable
for operation at 150 volts aT less
(low voltage application) shall be
installed in metallic raceway approved
for concealment.
(2) Ele~tric Service.
Electric service to fire alarm system
control panel shall be taken from a
point ahead of the main building dis-
connect and through a circuit breaker
or fused disconnect, clearly labeled.
(3) Control Panels.
Control panels shall be of the closed
circuit,-fully electrically supervised
type. Where the system operates from
one neutral and two seuarate power
sources, both power sources shall be
electrically supervised to indicate
failure of either one. Control panels
shall be provided with an audible
trouble signal of a distinctive sound.
If the panel is located in an isolated
area, a remote trouble signal shall be
provided in an occupied aTea"
(4) Man~al Pull Stations.
Manual pull stations shall be located in
each corridor of each s~ory, basement or
cellar, so that from each cOTridor dOOT,
ll(.it more than 01\':; hundred (100) fE-et will
bn tra~sversed in order to r~ach a manual
station. Stations shall te located as
ncal~ as pC3sibli=J~ and JiDt more tb~n five
C :i J f e f:~ ..~ f r C> JD. e a dJ s t air e :x it. W:r', e T E~
:\ 8 1. 1.!:~ Sl
ee,
..1)
corrldors are not provided, manual
stations shall be located so that no
point in the building is more than one
hundred (100) feet trom a station.
Manual stations shall be located at
or near each exit from the building.
The height of the manual stations'
shall be not more than six (6) feet
and not less than four and one-half
(4 1/2) feet, measured vertically from
the floor level.
Sounding Devices.
Alarm sounding devices shall be provided
of such character and so distributed as
to be effectively heard in every room
above all other sounds. Visual and
audible alarms shall be provided in
occupancies housing the hard of hearing.
Alarm sounding devices shall be dis-
tinctive in pitch and quality from all
other sounding devices in building.
(6) Fire Detection Devices.
Approved fire detection devices shall be
installed in strict accordance with
spacing ratings assigned by the approval
agency listing the device and/or the
spacing regulations provided in NFPA No.
72A. Smoke or combustion detection de-
vices shall have full electrical super-
vision to indicate internal component
failure.
( 7)
Annunciators.
Fire alarm annunciators or zone indicator
panels shall have power and wiring electri-
cally supervised, shall lock in on alarm
until the system lS manually reset, and
shall be located as approved by the Fire
Marshall.
( 8) General.
Manual pull stations shall be finished in
red ena::ne 1 and ha",-e provis ions for glass
rod. Sounding devices shall be spaced
such that signals are h2ard in all parts
of the buildinv: shdll not exceed ISO foot
<. ;.> ~ ".1. ... ~..,
'" acu~gs; nr:.d shiLl.!, IH" ..:.,)c:-i'ted 1.1"1. a,',l
.'.05.;:; ::' 3. evel a:reas ;: Deh as -recreation
(! ,3. .!~ }-) <;}
rooms and indoor Dools. They may be
of flush box desi~n, or painted the
color of the wall to neutralize their
appearance. Control units shall be
enclosed in a metal case~ with lock
and catch and glass window for viewing
of indicating instruments and shall be
finished in red enamel. No fire alarm
cable shall be run in the same conduits
or common enclosures with other cable.
(E) Existing Buildings.
Automatic fire detection and alarm sys-
tems provided or installed in an existing
building shall comply with the standards pro-
vided in this subdivision, provided that not-
withstanding clause CD) (1) of this sub-
division, cable may be run in an approved
surface metallic raceway; and provided further
that notwithstanding clause CD) (6) of this
subdivision, fire detection devices shall be
installed as follows: In all bedrooms or
rooms for sleeping quarters, and one (1) in a
living room in the manner described in Sec-
tion 3.36, Subd. (2) (A) so that the rooms so
connected comply with the definition therein
of 'living room'. The fire detection devices
shall be located in the rooms so that their
operation will be least affected by struc-
tural characteristics of the protected area,
possible drafts or other conditions affecting
detector operation, which locations shall be
subject to~the approval of the fire marshal.
(F) Plans and Specification~....:...
With each application for a building per-
mit, two sets of-plans and specifications for
the automatic fire detection and alarTh system
shall be submitted. If the fire marshal' is
satisfied that the proposed work described in
the plans and specifications filed conform to
the requirements of this Code, he shall endorse
in writing or stamp on both sets of plans and
ljt: 116~:1
specifications llAPPROVEDll. Such approved
plans' and specifications shall not be changed,
modified or altered without authorization by
the fire marshal. and all work shall be done
in accordance with the approved plans. No
Derson shall install or construct such
system without fiTst having the fire marshal
approve the plans therefor.
(G) Tes ting .
All such alarms and systems installed
under this Code shall be subject to testing
by the fire marshal or other Village in-
spector before acceptance, and shall there-
after be tested annually by an agency
approved by the Village.
(H) Exis ting Sys terns; Extens ions.
If an existing automatic Ilre detection
and alarm system is in conformity with the
provisions of this Code, the system may be
extended into new additions, provided the
existing system is of sufficient capacity
for the new expansion, and provided the
existing system be refurbished so that the
completed system shall comply in every way
lIli th the code.
(1) Compliance Date for Non-Conforming Building.
All existing uses aT buildings and
buildings now under construction, in non-
conformity herewith, shall be corrected,
converted, modified, adjusted or otherwise
made t.o comply vJith the above requirement
not later than April 1, 1969.
Subd. (13) Access to Roof.
All buildings of three or more stories In height
may provide access to roof surface by means of a perma-
nent ladder and hatch in lieu of a stairway to roof
surface. The detailed plans and specifications shall be
submitted to the Building Inspector for his approval
which shall be given provided the ~esign or construction
will not create a dangerous condition.
081169
Subd. (14) Application to Existing Buildings.
All existing buildings shall comply with
the provisions of Section 3.50 except as other-
wise provided in Subdivision (7) entitled:
flStairwells Enclosed", Subdivision 12 CD) (1),
entitled: "Wiring" (note--wiring in existing
buildings must comply with NFPA 72A~ except
that conduit is not required); Subdivision
(12) (D) (7), entitled: "Annunciators" and
Subdivision (12) (D) (8) entitled: "Automatic
Magnetic Door Holders. II
081169
3.51 Residential in Other Districts.
Buildings erected or used for dwelling purposes pri-
marily but located in any district zoned fOT other uses by
the Zoning Ordinance, Chapter 4, shall comply with all the
regulations of the residential district.
3.52 Obstructing Waterways.
No natural waterway 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 1,'iri ting.
010166
Subd. (2)' ~endments Made :in'-Urdform Building. Cod~_.
The said Uniform Building Code is amended and
changed in the following respects:
(A) Section l302(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) SEecial 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
'commercial 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.
)1')166
Regardless of any other prov~s10ns
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.
(D) Chapter 13 is amended by adding thereto
SectionD07A to read as follows:
Section 1307A. 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 distsnce no greater than
50 feet from an exit door of each apart-
ment unit.
Each apartment house shall also be
equipped with an 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) Sect~on 3305 (i) is amen~e~ to read as
follO\vs:
(i) S~ai~ay_c~nstruc~i~ -- !~terior.
Interior stainvays shall be constructed
as specified under Part V of this Code.
Stairs serving as egress fron corridors
which are required to be 2 hour firc-
re~istive construction in Section 3304
(c) shell have walls anc soffits of 2
hour fircoresistivc construction; o~her
stairs, walls end soffits shall be of 1
hour fire-resistive construction~
(3) Adoption' of MinneaQqlis 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~ Elevators~, are hereby adopted and in-
corporated by reference into the Building Code and
shall be in full force and effect in the Village insoo
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 Copi' and filed for reference and inspec-
tion in the Office of the Clerk.
3.51 Residential in Other Districts.
-:'~'"-- -:--~
Buildings' erected;"orr.rlsed for-:_'dwelling t:rurBo~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 T,~aterways.
No natural wateDvay 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
"
*
3.53 Temporary Dwellings.
No basement, cellar, garage, trailer or tent shall
be used as a residence, temporarily or permanently.
3.5Ll' Ad ius tments 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
Inspec'tor for a Certifica'te of Occupancy or Compliance.
Upon receipt of such application the Building Inspector
shall make a final inspection of said building to
ascertain whether the provisions of this Code have been
complied with. If ano when he so finds, he shall issue to
the applicant a Certificate of Occupancy or a Certificate
of Compliance.
The Building Inspector shall file a duplicate copy
or this Certificate v!ith the Clerk -Tre~s.uret';,,',:,fQr the
, ..
permaneft~.~e~ords 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
~t.
"
the reasons for the appeal. Such appeal shall
tained only by a majority vote of the Council.
-"-' ., ~'-o ...~ ,Q<-~ . ..C ~'-1 0, ~ <""'\1 ~ h ~.... li.-n. ,....
l..ne ael-l;;:rID.LTI_I...!..on OJ_ ;..L1_ aPpeaL, !: e !.. U -LiE, 0_
O'f 'd-.e Rd 1 rH-rc Tnq'pef'{-o'" ....1--al1 ~ema.fn i,.., full
- "'-..l. .-,1.,..;.--'O",.:i.__1b ..1..__\".0'... _l!.,.. _ \:;)LL ..... J.. _ .l:... l. _&.~ _ _
be sus-
Pending
decision
force.
3.57 Penalty.
Any and all persons who shall violate any of the
provisions of this Code or rail to comply therewith, or who
shall violate or rail to comply v7ith 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
perm~~ 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-
tions or defects within a reasonable time; and when 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-
.'h' I . . ,. - .. C h 0
VJ]X 'tv'L10 may nave aSSlsceo 3-D the commlSSlon 01. suc _ V1..0-
- '''' h . "1 r oCr
lence, snal._ eac.. be guJ. ty or a separate oLIense.
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
CJ,.erk~:T-re'as:ureJ; a bond in the penal sum of $500000, con-
ditioned that he will comply with the regulations imposed
by this Building Code.
010166
3.60 E LEe T R I C ALe 0 DB
3.61 General
The provisions of this ordinance shall govern the
installation, alteration, maintenance, repair and use of
all electrical wiring and apparatus in and for all build=
1ngs and structures in the Village, and upon any and
all premises upon which electrical wiring or apparatus
may be used.
3.62 Electrical Permits
Subd. (1) Permit Required
No building shall be wired for the placing
of any electric lights, motors, heating devices,
or any apparatus requiring the use of electrical
current, nor shall any alteration or additions
be made in the existing wiring of any building,
nor shall any alteration be made in the wiring
in any building after inspection and approval
without first notifying the electrical inspector
and securing. a permit therefor.
No person shall engage in the business of
installing altering or repairing electric
wiring or fixtures for any purpose whatsoever
in this Village without first having procured
a permi-t therefor as herein prOy.:i.d$d.
Subd. (2) Application and Fe~s
Application shall be made in accordance
with Section 3.01, and fees paid in accordance
with Section 3.05.
010166
Subd.
( ~)
\...J
Qual;i.fications.
Permits shall be issued only to an liElectrical
Contractorll licensed as such by the State Board of
Electricity, provided, however, that permits for the
installation and maintenance of low voltage (150
volts or less) auxiliary fire alarm systems, shall
be issued to persons licensed as an Installer by the
State of Minnesota or holding a Class D license from
the City of Minneapolis, or licensed under equiva-
lent licensing procedures, except an individual may
obtain a permit and 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. '
031l-6$.
Subd. (4) Minor Repairs.
Minor repairs such as the repair or replacement
of flush and snap switches, replacement of fuses,
changing lamp sockets and receptacles, taping bare
joirits~ repairing drop cords, replacement or
repair of heating elements and replacement motors
shall be excepted from the above provision.
010166
Subd. (5) Filing Current License.
The applicant, except an individual doing work on
his own homestead, shall first file with the Clerk-
Treasurer a copy of the current license issued by the
State Board of Electricity, or such other evidence of
such license as may be provided by the State Board of
Electricity. When the permit is issued the Clerk-
Treasurer shall notify the State Board of Electricity
that the licensee is performing electrical work in
the Village and request the Board to advise the Village
if such license is subsequently revoked during the '
year from the date of its issuance. Such notice shall
be given by the Clerk-TreasureT upon the issuance of
the first permit in each calendar year to the licensee
and thereafter at such times as the Clerk-Treasurer
feels necessary for the purposes of being apprised of
the current status of such State license.
091267
Bodily injury liability:
$100,000.00 each person;
$300,000.00 for injuries as the result
of any Oile occurrence.
Property dmnage liability:
$ 50,000.00 each accident;
$100,000.00 aggregate
Automobile liability:
Bodily injury:
$100,000.00 each person;
$300,000.00 each occurrence
Propety 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.
Q10166
3.63 Adoption of Ivfinneapolis Electrical Ordinance.
Subd. (1) Adoption of Minneapolis Code.
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,
Chapters 140 to 143, inclusive, of the Minneapolis
Code of Ordinances~ as amended, and as the same
appears from pages 3 to 38, inclusive, in a
phamphlet entitled "City of Minneapolis Electrical
Ordinance 196811 are here"E>y adopted by reference
as though fully set forth herein as the r1Electrica1
Code of thE:' Village of New ~~Iopen ;;1.;:1(} shall be in
full force ar:..d effect in this Village i.nsofar as
applicable to electrical construction therein and
all weTk done J:,el'E af.ter 'j,dthin the VL~lage shall be
d ,- ""'r' ...., ';-1~'- tr'~ .I...t"'). .,._1-:.. '...~...n.,.::r...,.;l~.'. <';:' +t...::.. "f='t f"
,one _,I. .;,.. '...' 1. u.y, Il.1.- 8 . b, ,1. ;", -: I.ie. 0, .Ie: .' v .l., ~ ..." :1..) .- J;.te X _"0,, ~ .
eXc0pt as 9JUeT1CLed 1.]] SUQOJ,.vrsJ.or. !.. of tlU:,S sec.tl,on.
022iJ68
Three copies of the Electrical Code shall be
filed by the Clerk-Treasurer in her office
for inspection and use of the public and shall
be marked with the "lords llThe Village of New
Hope -- Official Copy.it
Subd. (2) Amendments to Minneapolis Electrical
Code.
The following amendments to the Minneapolis
Electrical Code are hereby incorporated into the
Electrical Code of the Village:
(A) Section 142.020, 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 artifical lighting shall be con-
trolled by an automatic regulating device
of a type approved by the electrical in-
spector.
022868
(B) Chapter 142, Minneapolis Electrical Code, lS
further amended by adding thereto Section
142.045 to read:
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, measurered at any
height between ground level and six feet
above ground level, and shall be regulated
by an automatic controlling device to turn
the lights on from sunset to sunrise, pro-
vided that if the lighting is on at all times,
no such controlling' device shall be required.
040468
(C) ~ection 1~2.099, Minneapolis Electrical Code,
1.5 ElJn.ended to 'J:'.ead:
WheTe a 2l\ m.ast is 1l.:::cG.ed, service can still
be 100 3IY'.pt:::I'e:,.,tith F. :.! J./4fl racevvay provided
into service s~itch or cahinet. The service
c01~\J.ll~.s.. ~l'a~' ".' b'"l C"~'z~'I..j 'J(" ."f.n'i.j'..eric,....lr ~'1\::)
_ .... l. ... .~ .1. J..~ . <;. .1.L ....j,-. ,",..J 1. "'-"c. >..,. ,L ]. '-,. ... .~,
seTl:'} cc l.r1:3 ~ ~.'.ll {;: d. ..
,} ;;; ~: 35 8
CD) Section 142.100, Minneapolis Electrical Code,
is amended by changing in Teferences to one-
family dwellings, the phrase '1500 square feet' to
12000 square feetl.
022868
3.64 InterpTetation.
All references in the Minneanolis Electrical Code to
the Inspector of Buildings or the tlectrical Inspector
shall be interpreted as referring to the Electrical In-
spector of the Village and all references to HCity of
Minneapolis!! shall be interpreted as referring to the
"Village of New Hope,ll and the term "CityH shall be in-
terpreted as meaning lIVillage!l.
3.65 Electrical Inspector.
Subd. (1) ~ualifications.
TheTe 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 1 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 ot electrical
construction for safety of life and property, the
statutes of the State relating to electrical work,
thB rules and regulations is~ued 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
tHO 16 6
American Engineering Standards Committee, and the
National Electrical Safety Code, as approved by
the American Engineering Standards Committee.
. :0)". .... "':. .0,1:.....'-.,
'Subt;i. (2)" '''InspectioIl:.
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~ Access' to Buildin~s.
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)' ..En-fo:r.cement,
'.: . .' ~... ......
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~s10ns of this
ordinance or failing to comply with any of its require-
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
J..
"
3.70 P L U M BIN G
COD E
3.71 Minneapolis Plumbing Code.
Subd. (1) Adoption of 1963 Minneapolis Or~inance.
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 Workii, as amended, and as the same appears
from Pages 1-41, inclusive, in a publication en-
titled "Plumbing, l..Jater and Gas Piping Ordinancesn,
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
IiPlumbing Code of the Village of New Hope!i 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 nThe Village of New Hope -- Official copy.1i
Subd. (2) Amendments 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~Pipee
ABS (Acrylonitrile-butadiene-styrene)
D~N (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 pu~erican Standard ASA
B 16.23 for soil waste and vent piping
only.
Co Caulked Joints. Prefabricated neoprene
gasket and hub less cast iron pipes with
the trade mark "No Hubn shall be con-
sidered eaual to lead and oakum.
.
D. Traps. ABS (Acrylonitrile-butadiene-
styrene) and/or PVC (Polrvinyl-Chloride)
DWV (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
(Acrylonitrile-butadiene-styrene) and PVC
(Poly~inyl-Chloride) D~N (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
*
A. Building Drain or Building Sewer Pipe.
ABS (Acrylonitrile-butadiene-styrene)
DWV (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 American 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 HNo Hubfl shall be con-
sidered equal to lead and oakum.
D. Traps. ABS (Acrylonitrile-butadiene-
styrene) and/or PVC (Pol~vinyl-Chloride)
DWV (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
(Acrylonitrile-butadiene-styrene) and PVC
(Polyvinyl-Chloride) DWV (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
"'.
r.
Subd. (2) Application and Fees.
The Building Inspector shall, before
., . f h' '1,., f
lssu1ng any perrn1ts _or t.e lnstaLLa~10n 0 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.
,., bd (I)) Q ., 0 roe l (,'
~u- . ~ uaL1I1caC1ons.
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
Ins pec tor an affidavit s hON.iJ]~L'i;h9.J::_h~:b...~......J2exform-
ing thg_g~j;llc:l:L work himself in_ su~hhQme.st.eg,c:l... No
_____---.-- ' ,......,.,,,.,..,',.......,,....,,,,,,,, _'.,', .0.'" ",.,m.""""'" ".""",,,.,,,,.,,.,.,,.,,,,,,.,m...........,'" ...., _.,.,m,.".,.", .. "., ' --
pet'~~'ts__wi11J,?_~i~~ygSLbQ_thehome....Qwn.er.sfQ:r -
}~~~!,g:ng...wg1::e.rCQPnections. No journeyman shall
install plumbing as herein defined unless he is
authorized to do so under the State Plumbing Code.
Subd. (4) SUEety Bond~
The applicant, except an individual doing
\Vork on his O\vn 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
..[,.
..
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 provisions
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 't>Jork and charge the
cost thereof to the person installing the same. Any per~
son covering work without it being duly inspected or re-
fusing to correct work when so ordered by the Building
Inspector, shall be guilty of a misdemeanor.
010166
....
1\
3.80 GAS APPLIANCES, PIPING AND EQUIPMENT.
3.81 Minneapolis Gas Piping Ordinance Adopted.
The ordinance entitled ilAn Ordinance to Regulate
the Construction, Extension, Alteration and Repairing of
Gas Piping ~vork and Repealing Certain Ordinance ProvisionsH,
as amended, and as the same appears from pages 51 to 77, in-
clusive, in a publication entitled "Plumbing, Water & Gas
Piping Ordinances and Excerpts from Other Ordinances and
Regu1ationsH, publication dated 1964, is hereby adopted by
reference as though fully set forth herein as HGas Piping
Code of the Village of New Hopel1 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 ilCity of Hinneapolisil shall be interpreted as meaning
the IlVi11age of New Hopeii, and all references to the "In-
spector of Bui1dingsi1 shall be interpreted as the aBuilding
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
liThe Village of New Hope-Official Copy.iJ
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 work.
Ol0166
*
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
*
3.100 F ILL I N G, E X C A V A TIN G,
DIG GIN G
3.101 Permit Required.
Subd. (1) lOO-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 lOa 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.l02 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 fi1ling~ 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 with 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 vihom 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 fa~ 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 mis-
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.l2l 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 inD
eludes 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.
OlOl66
*
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. (l) 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.
<I.. t'
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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.l26 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;
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(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"
Sli
6il
t~all
Thickness
.237 inches
.258 inches
.280 inches
.322 inches
.365 inches
.375 inches
OB
o
Ion
12"
Weight per line ft. with
Threads and Couplings
10.98 lbs.
14.8 1bs.
19.45 Ibs.
29.35 lbs.
41. 85 lbs.
51.15 1bs.
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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 water-
bearing formation yielding water \'I7hich is con-
taminated, as evidenced by the presence of
chemicals or bacteria of sewage origin, shall
be regarded as unsatisfactory for well develop-
ment.
Where a well is drilled to terminate in the
St. Peter Sandstone or the Jordan Sandstone,
the Decorah, Platteville and Shakopee formations
shall be sealed off. In the case of a well
finished at a diameter of 4" and extending thr'.ough
the Platteville Limestone, this shall be accom-
plished 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
tlr~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 411 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 4" 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 411, all other
component parts of the well shall be constructed
proportionally.
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1:
(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 \;vith the terms of this ordi-
nance would work a hardship upon the applicant.
3.129 Installation.
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.
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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 water~tight 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 othenvise 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 18'1 above the base-
ment floor.
Subd. (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.
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*
(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-
down 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~H x llH 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.
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.'.
"
3.140 B U I L DIN G M 0 V I N G
3.141 License Required for Movers.
Subd. (1) ~pp1ication and Fee.
No person shall remove or relocate any
building within the Village limits without having
applied for and received an annual 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 Require~.
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 injury
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.
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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 higm1ays under the juris-
diction of the County Board, for moving of
buildings or structures exclusively on such high-
ways, no other permit shall be required from the
Village under this section.
3.l42 Permit Required for Each Move.
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) ppeed.
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.
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*
Subd. (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.
finds:
The Council shall refuse to issue a permit if it
(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
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J..
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(3) That the building is in such a state of deo
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 same~ and shall be paid in advance if so
requested. Advance notice of not less than forty-eight
(48) hours shall be given to arrange for such temporary wire
change.
010166
3.150 Housing Maintenance Code; Registration of Multiple
D\oJ'ellings .
3.151 Registration Required.
As used in Sections 3.151 through 3.156, the
phrase "multiple dwelling" shall mean only multiple
dwellings with three or more living units. No per-
son shall allow to be occupied or let to another for
occupancy any unit in a multiple dwelling for which
a registration statement has not been properly made
and filed in duplicate with the Building Inspector.
Said registration statement shall be made and filed
wi thin 60 days after May 15, 1968, on forms fur-
nished by the Building Inspector" for such purpose
and shall set forth the following information:
(a) Name and address of the owner of the multiple
dwelling. In cases where the owner of a
multiple dwelling lives outside of Hennepin
County limits, the registration shall be made
by an operator who shall be legally responsible
for compliance with this and other ordinances
and such operator shall live in Hennepin County;
(b) Name and address of any operator or agent
actively managing said multiple dwelling;
(c) Name and address of all partners (if the regis-
trant is a partnership) ;
Cd) Name and address of all officers of the corpora-
tion (if the registrant is a corporation);
(e) Name and address of the vendee if the multiple
dwelling is being sold on a contract for deed;
(f) Legal address of the multiple dwelling;
(g) Number and kind of units within the multiple
dwelling, (dwelling units, tenement units, or
rooming units) ;
(h) Height of the multiple dwelling in stoTies;
(i) Construction of exterior of building--wood or
other.
3.152 Execution of Statement.
The registration shall be subscribed and sworn
to by the registrant before an officer duly qualified
to take oaths and shall,be made by the owner if such
081169
owner is a natural person; if the owner is a corpora-
tion by an officer thereof; if a partnership, by one
of the partners; and if an unincorporated associa-
tion, by the manager or managing officer thereof.
Notwithstanding, renewal of registrations as re-
quired annually by this Code may be made by filling
out the reauired renewal form furnished bv the
Building Inspector to the owner, operator~ or agent
of a multiple dwelling and mailing said form to-
gether with the required registration fee to the
Building Inspector. Such renewal of registrations
may only be made where there has not been a change in
the ownership, operator, agent or type of occupancy
as originally registered.
3.153 Changes in Registrati~n.
No such registration shall be assignable. If
the name or address of any of the persons required to
be registered shall change, OT if any change is made
in the number or type of units registered, a new
registration statement shall be properly made and
filed with the Building Inspector within 10 days from
the date of such change, in the same manner and form
as herein prescribed.
3.154 Annual Registration.
All multiple dwellings with three or more living
units shall be registered annually as follows:
All registrations of multiple dwellings ex-
piring in the year 1968 shall be renewed not later
than the first day of October, 1968. Thereafter
commencing with the year 1969 the registrations of
all multiple dwellings shall expire and shall be
renewed not later than the first day of October of
each year.
A fee of $15.00 per multiple dwelling plus $1.00
for each unit therein, shall be collected by the
Clerk-Treasurer for each registration unJer
this Code. However, if th~ registration lS not made
within the time set forth in this Section, then the
registration fee to be paid shall pe double the
amount of the fee required by this Section.
081169
3.155 Posting.
Every registrant of a multiple dwelling shall
post a receipted copy of Tegistration received from
the Building Inspector and the occupancy record
card issued by the Building Inspector. These items
shall be conspicuously posted (in a frame with a
glass covering) by the registrant in a public
corridor, hallway> or lobby of the multiple dwelling
for which they are issued.
3.156 Minimum Standards Required for Occupancy.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling unit in
a multiple dwelling for the pUTpose of living,
sleeping, cooking or eating therein:
(1) Which does not comply with the requirements set
forth in the Village Code, or
(2) \'fuich has not been issued a ltreceipted copy of
registrationl! from the Building Inspector and
"occupancy record card" issued by the Build-
ing Inspector,
Any multiple dl",relling failing to comply with the
requirements set forth in the Village Code shall not
be issued a receipted copy of registration and an oc-
cupancy record card until compliance is made. The
Building Inspector shall inspect each multiple dwelling
to ascertain if it complies with such requirements '
before issuance.
081169
3.160 P R I V A,I E
S W I M M I N G
POOLS
3.161 Definition.
The term llprivate swimming pool!! shall mean any pool,
tank, depression or excavation or other structure which shall
cause retaining of \"ater over a greater depth than 18" and
having a larger plane surface of water greater than 150 square
feet and which shall be designed or used for swimming, wading
or immersion purposed by men, women or children, used or
intended to be used solely by the owner, lessee, or tenant
thereof and his family and by friends invited to use it
without payment of any fee.
3.162 Permit Required.
It shall be unlawful hereafter for any person, firm or
corporation to construct, alter or repair a private swimming
pool within the village without first having secured a permit
therefor from the Building Inspector. An application for this
permit shall be made on such form as may be furnished by the
village, and shall be accompanied by complete plans and
specifications for the pool, including the type and location
of fencing, and a surveyor map showing the location thereof
with respect to the boundary lines of the land of the appli-
cant. The applicant shall pay the fee prescribed in Section
3.14.
3.163 'Water.
Subd. (a)
-.VillaQ8 Water Surnlv
'-' r j...J_; ..
There will be no cross connections of the village
water supply with any other source of water supply for
the pool. The line from the village water supply to
the pool shall be protected against backflow of polluted
water by means of either an air gap, vacuum breaker or
other adequate device to prevent back siphonage.
Subd. (b) Polluted Water.
No body of water, whether it be a natural or
artificial body of water in the village which contains
sewage, waste or other contaminating or polluting in-
gredients rendering the water hazardous to health shall
be used for swimming or bathing purposes by any person
or persons.
072869
3.164 Enclosed by Fence.
All swimming pools to be constructed or which are
already constructed shall be completely surrounded by a fence
or wall not less than four feet in height, which shall be so
constructed as not to have openings, holes or gaps larger
than four inches in any dimension, except for doors and gates;
and if a picket fence is erected or maintained, the horizontal
dimensions shall not exceed four inches. The fence shall be
of a type not readily climbed by children. A d"i.Jelling house
or accessory building may be used as part of such enclosure.
All gates or doors opening through such enclosure shall be
equipped with a self-closing and self-latching device for
keeping the gate or dOOT securely closed at all times when
not in actual use, except "chat the door of any dwelling which
forms a part of the enclosure need not be so equipped.
3.165 Shielding Lights.
Lights used to illuminate any slvimming pool shall be so
arra~ged and shaded as to reflect light away from adjoining
premlses.
3.166 Unnecessary Noise.
It shall be unlawful for any person to make, continue or
cause to be made or continue at any s\i-rimming pool or family
pool any loud, unnecessary or unusual noise or any noise
which annoys, disturbs, injures or endangers the comfort, re-
pose, health, peace or safety of others. In the operation of
a swimming pool, the use or permitting the use or operation
of any radio, receiving set, musical instrument, phonograph
or other machine or device for the producing or reproducing
of sound in such a manneT as to disturb the peace, quiet and
comfort of the neighboring inhabitants or at any time with
louder volume than is necessary for convenient hearing of
the person or persons v"ho are in the pool or the swimming pool
premises shall be unlawful.
3.167 Lot Lines.
Swimming pools shall comply with the setback line re-
quirements of the Zoning Ordinance of the Village of New Hope.
3.168 Prior Construction.
The owner of any land upon which a private swimming
pool has been constructed prior to the effective date of
this ordinance shall within 60 days after said effective date
comply with the requirements of this ordinance, and there-
after it shall be unlawful to maintain any swimming pool which
does not meet the requirements of this ordinance.
072869
3.169 Modifications.
Subd. (a) Certain Modifications.
The Council of the Village of New Hope may make
modifications in individual cases, upon a showing of
good cause, with respect to the height, nature or
'location of the fence, wall, gates or latches, or
the necessity therefor, provided the degree of pro-
tection is not reduced thereby. '
Subd. (b) Other Protection.
The Council of the Village of New Hope may permit
other protective devices or structures to be used so
long as the degree of protection afforded by the sub-
stitute devices or structures is not less than the
protection afforded by the fence, gate and latch
described herein.
Subd. (c) Extensions.
Upon the application of a property owner the
Council may grant extension of time for compliance, in
individual cases, upon the showing of good cause; such
extension of time shall not exceed thirty days at a
time.
072869
CHAPTER 4
Z O. N ,I N G' A ,If D P L A T TIN G
,~
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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 of
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,.,lO ,G, E .<N- E R.$.. L PRO V I S ION S
4.11 Lots and Buildings.
Subd. (1) Compliance \.]ith 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 bUilding 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.
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Subd. (3) Relocated Structures.
Before any house or other structure is moved
onto a vacant lot, the Building Inspector shall
determine whether the structure will be com-
patible with other development in the area. If
the Council concurs with the decision of the
Building Inspector that a structure would de-
preciate 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 re-
duced in area or dimension as to make any such
area or dimension less than the minimum re-
quired by this ordinance, and if already less
than the minimum required; it shall not be
further reduced.
4.12 Permitted Encroachments.
The following shall not be considered as encToachments
on set-back and height requirements:
(1)
In an1 yards: off-street open parking spaces,
flyep aces) awnings, canopies, steps, chimneys,
flag poles.
(2)
In side and rear yaTds: 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 fTont yards: service station pump islands and
signs under requirements ,set forth in performance
standards (Sec. 4.60).
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(4) In rear yards: recreational, laundry drying equip-
ment, arbors, trellises, balconies, breezeways,
open porches, detached outdoor living rooms, and
garages not exceeding 528 squaTe feet in area lo-
cated on lots other than cor~er lots, except that
no such garage shall be permitted or maintained
on any public easement nor within 10 feet from
the rear lot line.
092269
(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.
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(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 ~une,23,1960
(the effecti'\e date of this Ordinance) shall be excepted
herefrom and all apartment buildings lawfully
erected under provisions heretofore in effect.
4.l4 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
Ol0166
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.
4.2l 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 "industrial. 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
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4.23 Exceptions and Additions To Minimum Requirements.
Subd.(l) Front Set-BBcks~
Where adjoining 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
\Vest Broadway
1:.Jinnetka Avenue
County Road 11=18
Boone Avenue'North
hereby designated as lIMajor Arterialsll, 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) \Vhere the side yard is adjacent to a
ilMajor Arteriall' 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-way 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 con-
ditions 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 with 18 months
after Council action on the proposal.
072567
Subd. (9) Planned DeveloplI';ents.
Planned residential, commercial and industrial
developments may be excluded from certain require-
ments of this ordinance (such as lot size, lot
width and setbacks), and that an exception or ad-
justment to the requirement of Section 3.38 may
be granted to planned residential developments,
providing:
112568
(A) A complete, detailed plan, including a
plot plan as provided in Section 3.27,
Subd. (2) is submitted, showing location
of all proposed residential structures,
t~afficways, and other facilities and
improvements.
CB) That the exceptions authorized are for
the purpose of promoting an integrated
site plan beneficial to the residents or
occupants of such developments as well as
or neighboring properties.
112568
(C) In residential ~lmitea business
districts the minimum requirements for
lot area for each cl,'.Jelling uni t for
mul tiple clwe 11 ings may be 1'educed not to
exceed 50% and no variance shall be re-
quired for such exception. Otherwise,
the same over-all population density is to
be maintained as would be the case with more
con~entiona~ development under the Village's
zonIng requIrements.
(D) The Council, following review and recom--
mendations of the plan by the Planning
Commission, shall find that the proposed
development is fully consistent with the
purposes of this ordinance.
(E) The development shall conform to the plan
as filed with the Village. Structures and
other improvements shall be built or in-
stalled in accordance with the plans and
specifications and the site and plot plan
approved by the Council with respect to
construction and location of structures,
layout and improvement of off-street parking
~Ld loading areas, location and width of
driveways, ingress and egress to and from
the site, location and planting of landscaped
areas, and location and design of lighting
and signs. .
032568
(F)
The use of materials, other than brick
veneer for the exterior walls of buildings
and structures erected under planned resi-
dential development may be approved by the
council, provided it finds that the proposed
material in its natural or processed state
shall not require further t~eatment and .
shall not be'subject to excessive damage
under normal conditions of wear and tear,
nor reasonablY foreseeable acts or accidents.
The council may require that -sufficient
evidence 01' Pl'oof be submitted to sub ~
stantiate an)T claims VJhich may be made re-
garding its use.
112568
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 excluded.
(C) Green Area. Not less than 35% of
the lot, parcel or tract of land shall
remain as a grass plot~ including
shrubbery~ p1antings or fencing, and
shall be landscaped. The word
Vi1andscaped" 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) Employee 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
landscaplng plans shall be submitted
to the Village Council for approval
before a Building Permit may be ob-
tained.
(H) Design Standards-Cub 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 bv a central median
strip not to exceed 4 feet in width.
The two sides of the driveway shall
be clearly marked, indicating Hin"
and !lout!!; (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 ftom the drive-
way centerline along the edge of
the traveled surfa~e to th~ inter-
secting edge of the traveled surface.
072567
Subd. (11) Side and Rear Yard lISet-backs It -
Indus trlal Dis trl.cts Adj acent to
Railroads.
In either the General Industry District
or 1imi ted Indus try' Dis trict, the minimum side
or rear yard set-back from the lot line of the
side .or rear yard of the parcel adjacent to a
railroad right--of-way shall be 10 feet,
062369
4.30 Permitted Uses.
Except as provided for under Section 4.13, Non-
Conforming Uses, no building or premises may be devoted
to uses ~ther than those iridicated below:
072567
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4.31 Permitted Temporary Uses Subject to Licensing.
The following temporary uses are permitted under
provisions of licensing ordinances applicable to such
use.
Subd. (1) In all Dis tricts - - Permitted Temporary
Uses Subjected to Licensing.
Christmas tree sales for a period not to
exceed 90 days.
111467
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 cate-
gory of special uses shall automatically be granted a special
use permit.
4.42 Why Certain Uses 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 "buffer" 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.
Subd.. (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.
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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 irrIDediately 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.
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(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 time for which the special use
permit is to be granted will terminate before
any adverse effects are felt upon adjacent
property.
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-
CD) There is adequate assurance, guaranteed
by performance bond if necessary, that
the property will be left in suitable
condition after the use is terminated.
4.44 Lis.ting of Special Uses.
(1)
In Res idential Districts:
Cemetaries;
Churches, private schools and other
institutions;
Commercial park and pool;
Clubs and lodges, non-profit;
Greenhous es ; .
Home occupations that fail to meet the require-
ments established in residential districts;
Hospitals, sanitoriums and rest homes;
Off-street parking for adjacent commercial or
industrial uses;
Public Utility Buildings.
(2)
In Limited Business District.s:
Clubs and lodges, non-proflt;
Mortuaries; . -
Off-street parking for adjacent commercial
or industrial uses;
Private colleges and institutions.
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(3) In Retail Business Districts:
Clubs and lodges, 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;
Taxi stand.
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(4) In General Business Districts.:
Schools, music, dance or business.
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(5) In Industrial Districts:
Open Storage, where such storage ~s
primary use;
Railroad storage and switching yards;
Motel and restaurants.
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(6) In all Districts - Temporary Uses.
Off-street parklng for adjacent multiple
residential or commercial uses, Such
parking may be either open or in garage;
Black-top or crushing plant for highway
materials; .
Carnivals or circus for period not to exceed
10 days;
Excavating businesses - sand, gravel, or black
di rt; .
Stockpiling of material for use in highway
construction ;.
Religious meeting or tent or other temporary
structure for a period not to eXGeed 10 days.
4.50 Acce.s sory Uses.
In addition to those primary uses that are permitted
in a given district by special use permit or otherwise,
the iollowing accessory uses are permited:
4.51 Accessory Uses in Residence Districts.
(1) Conservatories for plants and flowers, not
including any business, trade 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 exterior
alterations necessary to conduct a business shall
be made to the structure; the'entrance to the space
devoted to such occupation shall be within the
dwelling; there is n~ 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
conducted entirely ~.;ithin a building.
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(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.
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Before any building permit or certificate of occupancy
is approved, the Building Inspector shall determine whether the
proposed use is likely to conform to the performance standards.
The developer shall supply additional data about the proposed
~se ~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 screeneo
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 automobtles
and pick-up trucks.
(2) NbR~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.
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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 Screening.
(1) Screening shall be required in all zones where
a) any off-street parking area contains more than
six parking spaces or 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 residenti~l
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.
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(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.
IN."ALL DISTRICTS EXCEPT RB, GB an~d SCB anti GI, all
development uses shall provide a landscaped yard along all
streets. This yard shall be kept clear of all structures,storage5
and vehicle parking. In Residential Zones, this yard shall be
at lease 20 feet. In Limited Business and Limited Industry areas
the yal!d 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 stnmctures, required landscaping
and fences shall be maintained so as not to be unsightly to the
adj oining 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) RESIDENTJIALDISTRICTS.
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.
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Height--Not over 10 feet above grade.
proj ection into re quired front set-back'oarea --Any sign
over one and one-half square 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--Illuminated but non-flashing signs permitted.
(3) SHO.PM: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-way. Wall or projecting signs:
670 feet into set~back area.
Illumination--Illuminated and flashing signs permitted.
(4) GENERAL BUSH-E SS DISTRICTS.
Type--All types permitted.
Number--Business signs: One on building and one py.lon
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.
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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 roof 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 pyilion 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.
I11um~nation--Illuminated and flashing signs permitted.
(5) CENTRAL INDUSTRY DISTRICTS
Type--all 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 100 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
Illumination--Illuminated and flashing signs permitted.
(6) LIMITED INDUSTRY DISTRICTS.
Type--Identification arid Business signs onlo/.
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.
Illumination--Illuminated 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 paintec
on a fence in any district.
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(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 sq~are .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.
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(N) If a commercial or industrial building faces a
f~eeway or major arterial, the permitted size of signs
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 ~ocated.
(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.
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.
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Subd. (3) Access.
All off-street 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 applica-
tion of these 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.
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Subd. (5) Truck Parking in Residential Ar~as.
No person shall park a truck over 3/4 ton capacity
or a commercially licensed trailer in a residential dis-
trict, otherwise than temporarily for the purpose of and
while actually engaged in delivering or picking up
materials, merchandise, or foodstuffs, or incidental to
rendering a service, on or in a parcel of land in a
residential district.
"Truck" means every motor vehicle designed, used or
maintained primarily for the transportion of property.
"Trailer" means every vehicle \'1i thou t motive pO\-ver de-
signed for carrying persons or property and for being
drawn by a motor vehicle. IlResidential District\! means
any platted residential areas, and the territory contig-
uous to and including any street which is in the main
improved with single family or multiple residential
buildings,
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Subd. (6) Other Parking in Re~idential Areas.
Parking in residential areas (off-street and on-
street) shall be limited to the use of the residents of
those homes. Vehicles shall not be parked on any public
street, highway or alley for a period of time longer
than permitted under Section 11.24.
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Subd. (7) Sale of Parking Areas.
Property that constitutes required off-street
parking area may not be separated, through sale or
other means, from the property containing the principal
use for which the parking area is required.
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Subd. (8) Off-Street Spaces Required.
(One space -- equals 300 square feet)
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New 1 and 2 family residences - one enclosed park-
ing space (garage) per dwelling unit.
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Multiple DVlelling of three or more Dwelling Units
one space per dwelling unit in addition to one garage
per dwelling unit.
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
each five feet of pew length.
Hospitals -- one space for each four beds and additional
space for every employee.
Business and Professional Offices (except Medical and
Dental Clinics) -- one space for each 400 square feet of
floor space.
Medical and Dental Clinics -- 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 IS spaces for those serving food
or refreshments, and at least 10 spaces for all others.
Other Business and Industry -- one space for every two
employees (based upon maximum planned employment during
any work period) or one space for each 800 square feet
of floor area, whichever requirement is the greater.
Subd. (9) Joint Facilities.
Required parking facilities serving two or more uses
may be located on the same lot or in 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 uses or 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, house-
hold equipment or furniture shops, clothing or shoe
repair or service shops 7 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, bm'lling alleys,
dance halls, theatres, bars or restaurants.
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(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 substaintially 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 follow~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 trucks expected to be used.
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(3) No leading-berth of vehicles over two-tons
capacity shall be closer than 100 feet to any
residence dist-rict 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 terminate between the hours of 7:00 p.m. and
7 :00 a.ID.
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) traffic 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 for-
ward moving with no backing into streets.
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4.72 PEDESTRIAN TRAFFIC.
In all BUSINESS DISTRICTS (LB, RB and GB) and INDUSTRIAL
DISTRICTS (Ll and G1), all development uses shall provide
Portland Cement concrete sidewalks to a width of not less
than five feet in the boulevard along all streets abutting
the property. Such sidewalk shall also, be provided with
any new development along a street designated as a pedes-
trian walkway in the Village Plan.
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4.73 DRAINAGE.
No land shall be developed and no use shal~ be permitted
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 C1, all principal
buildings other than one and two-family dwellings must be
designed by a registered architect. With respect to resi-
dential structures, there must be some variety in house
design within a given block.
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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 exp~osives 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 nitDocellulose, 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.
4.;1,6. RAiJIATION 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
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(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 durat~on 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'l, on any
structure.
(4) Smoke: Any emission of visible smoke of a shade
darker than No. 1 on the Ringelmann Smoke Chart, as
published 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 vegatatien, 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) Wastes:
(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-aBent ::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 insoluable substances
in excess of 10,000 p.p.m. or exceed a daily
average of 500 p.p.ro. or fail to pass a No.8
Standard Sieve, or have a dimension greater than
~ ''). 1
1./:.. lnc"1.
(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.
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4.78 MULTIPLE-DWELLING DESIGN AND STN~DARDS FOR APART~ffiNT
WITH THREE OR MORE LIVING UNITS.
Subd. (1) SIDEWALK.
Sidewalks shall be provided from parking areas,
loading zones and recreation areas to the entrances
to the building. Portland Cement concrete sidewalks
to a width of not less than five feet shall be pro-
vided in the boulevards along all streets abutting
the property. .
112867
Subd. (2) GARAGES.
A private garage shall be provided in conneC~lon
with the erection or increase by units of any such
apartment house building as follows: One private
garage per dwelling unit, No such private garage
. shall be less than 10 feet in wldth nor less than 20
feet in depth. Each garage shall have an individual
door for vehicular access and shall be constructed
of comnarable material and of the same architectural
treatm~nt as the main building. ~o required garage
doorwa for vehicular access shall be less than 9
eet ln Wl t. 1 more than one pT:!. va te garage lS
contained in a single building, an area of each such
private garage shall be separated by a continuous
fire-resistant wall extending from the foundation
081268
up to the roof at all points. Notwith-
standing any provisions of the "Uniform
Building Codefl, 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 (1/2tl) thick.
Such gypsum wallboard shall comply with
U.B.C. Standard No. 47-8-61. Garage.
buildings may have common walls. . The' side
of the" gara~e building "containing th"edo"or-
way forveh~cular access shall be not less
than 30 feet from other garage buildings or
a artment ouse bu~l in s ;01' "-r"om ~o.t"':'er
structures w ~c may ~nter ere 'WJ.tve~.c"uTar
movemen t .
081268
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 peri-
meter. Parking areas shall be used' for auto-
mobile parking only with no sales, dead storage,
repair work" dismantling or servicing of any"
kind. . "
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4. 79 " .DRIveWAY APRONS.
Subd. (1) . New Gon"struction Goncre"t"e or
Option"al Bituminou"s.
In connection with any building which is to
be erected, or altered, improved or reconstructed
provided such work exceeds in aggregate cost sot
of the market value of the building, the following
installation shall be made." '
092.368
(a) There shall be installed a concrete
driveway apron extendi~g from the back
of the curb to the property line for
each lane or lanes of vehicular access
to the street, unless the property
owner elects to install a bituminous
driveway under clause (b) of this sub-
division. No curb cut or driveway
opening into the street shall be made
unless such an apron is installed
adjacent thereto. All concrete drive-
way aprons under this subdivision shall
be installed in accordance with the
specifications therefor provided in
Section 4.554, Subd. (3);
(b) In lieu of installing a concrete drive-
way apron to the specifications pro-
vided in Section 4.544, Subd. (3), the
property owner may at his option install
a bituminous driveway from the edge of
the surface street to the garage. floor
or garage floor apron. The driveway
shall meet the following requirements:
The bituminous driveway shall be not
less than 12 feet nor more than 20
feet in width without special approval
of the Village Council. It shall be
constructed. with not less than 6 inches
compacted thickness of Class 5 gravel
base and not less than 2 inches compacted
thickness of bituminous surfacing con-
forming to Minnesota Highway Department
Specification No. 2341 and in accordance
with Village of New Hope Standard Plate
No. 106B.
Subd. (2) Old Construction - - Bituminous.
All lots or parcels of land heretofore improved
by the construction of building thereon, may in lieu
of installing driveway aprons to the specifications
provided in" Section 4.544, Subd. (3)) install aprons
meeting the following minimum requirements: Bituminous
driveway apron from the edge of the surface street to
the property line shall be not less than 12 feet nor
more than 20 feet in width without special approval
by the Village Council. It shall be constructed with
092368
not less than 6 inches compacted thickness of
Class 5 gravel base and not less than 2 inches
compacted thickness of bituminous surfacing
conforming to Minnesota Highway Department
Specification No. 2341, and in accordance
with Village of New Hope Standard Plate l06B.
092368
4.80 ADM I N 1ST RAT ION
4 . 81 AMENDMENTli., TO 4~ ORIUNANCE..
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 Co~uission, or by
petiti0n.of affected property owners. An amendment not
initiated by the Planning Commission shall be referred to the
Planning Commission 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 hhereon by the Planning Commission after
notice&f 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 ~t:':iffected
property ownerll 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.
~n addition to the foregoing, the following provisions
shall apply to rezoning:
Subd. (1) Zoning Form.
Property owners wishing to initiate re~oning of
their property shall fill out a "zoning formll, copies
of which are available at the Vil1lage 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.
Q7~?fj7
Subd. (2) Notice.
The Clerk-Treasurer shall set a hearing on
the application and shall publish notice of
hearing. When an amendment involves changes in
district boundaries affecting an area of. five (5)
acres or less, similar notice shall be mailed at
least ten (10) days before the day of the hearing
to each owner of affected property situated wholly
or partly within two hundred (200) feet of the
property to which the amendment relates, or, if
the rezoning petition is for only a part of a
la!ger parcel of property, then within two hundred
(200) feet of the boundary of the larger parcel to
which the amendment relates, Public"property
shall be ignored in measuring such two hundred
(200) feet. 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 list 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 record of the proceedings. Failure
to give mailed notice to individual property owners
or. defects in the notice shall not invalidate the
proceedi~gs, provided a bona fide attempt to comply
with this subdivision has been made.
Q62369
Subd. (3) Rea'ring.
The hearing on the rezoning application shall
be held by the" Planning Commission at its first
regular meeting following newspaper publication of
the hearing, but not earlier .than 10 days after
publication.
072567
Subd. (4) Recommendations and Time to Act.
The Planning Commission shall determine whether
the proposed change conforms to its general use plan.
It shall make its recommendation to" the Council on
or before the next regular meeting of the Planning
Commission following the date the hearing on the.
petition is concluded. The Council shall take action
062369
within ninety (90) days of the first regular
Council meeting following recommendation by
the Planning Commission, and failure of the
Council to act on the application 1<lithin such
ninety-day period shall require the application
to be reset for new public hearings to be held
in the same manner as initial application for
rezoning.
Subd. (5) Adjournment" of Hearings.
An adjournment of a public hearing on a
rezoning application, whether before the Planning
Commission or the Council, shall be to a specific
date, which date shall be set forth in the
minutes of the meeting.
Subd. (6) Adjournments at Petitioner's" Req.u"est.
In the event a public hearing before either
the Planning Commission or the Council is adjourned
at the request of the petitioner, a fee of $25 for
each such adjournment shall be paid by petitioner
within three (3) days of the request for adjournment.
A notice similar to the initial notice shall be
mailed at least three (3) days before the day of
the adjourned hearing to each person on the original
mailing list, but failure to give such mailed notice
or defects in the notice sh 1 not invalidate the
proceedings, provided a bona fide attempt to comply
with this subdivision has been made. Failure to
pay the $25 fee shall be deemed an abandonment of
the proceedings and application.
062369
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.
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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 o,vuer.
072567
Subd. (1)
Zoning Form,
A person desiring a variance shall fill out
and submit to the Clerk~Treasurer a "Zoning Formll,
copies of which are available at the Village Hall,
together 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. Notice shall be published
and mailed as provided in Section 4.605.
09 236 8
Subd. (2) Reference to Board of Appeal and Adjus.tments.
The Clerk-Treasurer shall refer the appeal or
petition to the Board of Appeals and Adjustments and
a copy thereof to the Planning Commission.
072567
4.85 APPROVAL OF PLANNED DEVELOPHENT-MULTTPLE DWELLINGS.
A person desiring to develop and construct multiple
dwellings under the Planned Development provision of the
Zoning Code shall, at the time of filing the required
detailed Plan, pay a fee of $25.00, plus $1.00 for each
dwelling unit in the proposed planned dwelling up to a
maximum fee of $100.00. Such fee shall be in addition to
any rezoning, special use permit or variance fees, if such
action is required to implement the Planned Development.
032568
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 const~uction:
(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 "shall" is mandatory while the word
"mayll 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 words and berms, 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) Agriculatura1 Uses.
Agriculture uses: Those uses associated with the
growing of produce and ltvestock 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 1% tons
capacity. It shall not include general repair, rebuilding
or reconditioning of engines, motor vehicles or trailers;
col1si6n 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 LodgingnHouse):!. -.: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 movaoilie 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, iST~maintained 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 permissable to serve ~ood
and meals on such premises providing adequate dining
room space and kitchen facilities are availabe. Serving of
alcholic beverages ton:embers 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 rurt::her" _that such serving of
a1cholic beverages is in compliance with the applicable
Federal, State and Municipal laws.
Subd. (13) Compatible.
Compatible: A structure shall be deem~dcc~atr&fe
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
substantial 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 adop-
tion, living together as a single housekeeping
unit in a dwelling unit, exclusive of usual.
servants.
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Subd. (17) Floor Area.
The sum of the gross horizontal areas of the sev-
eral floors of the building or portions thereof de-
voted to a particular use, including accessory storage
areas located within selling or wo~king space such ~s
counters, racks, or closets and any basement floor
area devoted to retailing activities, to the production
or processing of goods, or to business or professional
offices. However, the floor area shall not include:
basement floor area other than area devoted to retail-
ing activities, the production or procession of goods,
or to business or professional offices. In deter-
mining the floor area minimum requirements of I-Family
structures and 2-Family structures, the area of either
attached, unattached or basement garages not to exceed
200 square feet per dwelling unit, shall be included
but shall not include enclosed breeZe\iay-s or porches,
or basemet area other than such area devoted to
garage purposes. The floor area of other residences
. shall not include basement area or the area of attached
or unattached garages, enclosed breezeways or porches.
111467
Subd. (18) Garage, Private.
Garage, private: An accessory building or accessory
portion of the principal building which is intended for
and used to store 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 com-
mercial vehicle. The load capacity- of such" commercial
vehicle shall not exceed one ton.
Subd. (19) Garage, Public.
Garage, public: a building except any herein de-
fined as a private garage or as a repair garage, used
for the storage of motor vehicles", or where any such
vehicles are kept for remuneration or h.ire and in
010166
which any sale of gasloine, oil and accessories is only
incidental to the principal use.
Subd. (20) Garage, Repair.
Garage, repair: Abuilding or space for the repair
or maintenance of motor vehicles but not including
fact,o~_ assembly of such \;;ehicles, auto wrecking
establishments or~j unk..yards.
Subd. (21) Home Occupation.
Home Gccupation: Any gainful occupation or profession
engaged "~nby the occupant; of a dt~elling at or" -:t:rQm the
dwelling when carrried on. within a 'dwelling unit and not"..
i~ 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 buLldings.
Subd. (24) Lodging Room.
Lodging room: A room rented as sleeping and living
quaFters, but without cooking faciiities and with or
without an individual bathroom. In a suite of rooms
without" .cool<irrg "facilities, each r-oom '\vhich provides
steep1ng accnmodations 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.il1age 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 junct10n 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: Those uses concerned with the diagnoses.
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 fm-becprimarily used for the accommodation of
automobile transients.
Subd. (33) Non-Conforming Use.
Non-conforming use: Any building, structure-or
iand lawfu11y bceupied' by a use or' lawfully~e&tablished
at the time of the passage of this ordinance or amend-
ments thereto, with the use :regu1ations 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 thipgs, conditions, or 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
thoughtnot of suffieient degree to consitute a nuisance
at law.
Subd. (1~) Office Uses.
Office Uses: Those cotI:IIlercial activities that" take
p~ace in office buildings where. goods are.not,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. (3'6,) 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.
Parking space: A suitable surfaced and'permanent1y
~intained area on privately owned property either within
Q'r outside of a building- of suff.icient size to sto.re
one standard automobile.
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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 distributnon
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 inftrm 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 photographical supplies;
carpets and rugs; caterings estabilishments; china and
glassware; christmas tree sales; clothes pressing;clothing
and costume rental; custom dressmaking department stores.
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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 c~eaning pickQup, processing
to be done elsewhere; laundromat;. leather goods and
luggage; locksmith shops; musical instruments; office
supply equipment; optometrists; paint and wall paper;
phonograph recprd; p~ot9gr~phy studios; restaurants,
when no entertainment or dancing is provided; shoes,
sporting goods; xailoring; theatre, except open air
drive-in; tobacco; toys; variety stores; wearing apparel.
Subd. (44) Set-Back.
Set-back: The minimum horizontal 8istance 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 "V1l-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 iocated or to which it is
affixed.
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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~ah 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 a:bu'ilaing.
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
between any adjacent elements of the same. However,
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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;
br:.g~ell 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 storagg 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.
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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 btlmlding 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.
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4.100 D"1 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 center1ines,
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, Registereo
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 t~rritory 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 Ehe 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,
frp~ the North line of the said Northwest q~arter to a
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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, Block 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, Oescribed
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
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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, Hmvlands"s 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,
Audito:r'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 (socaJ1ed)
and lying West of line drawn from point 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
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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
Southerly 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, Hillsborough 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 Hils 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.
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(16) That part ~f the Southeast 1/4 of the Southeast
1/4 of Section 7, Township 118, Range 21, lying South
of 46th Avenue North, Except that part embraced in
Del Heights Addition and Registered Land 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
1/4 of the Northeast 1/4 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 1/4 of the Southeast
1/4 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 1/4 of
the Southeast 1/4 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 Subdi-
vision No. 324.
(20) The South 1/4 of the Southwest 1/4 of the North-
west 1/4 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, .
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(23) .That part of the Southeast 1/4 of Section 18,
Township 118, Range 21, described as beginning at a
point on the South line of said Southeast 1/4 a distance
of 358 feet West of the Southeast corner thereof;
thence North 233 feet; thence West parallel to the
South line a distance of 373.29 feet; thence deflect
14 degrees, 28 minutes, 10 seconds, to the right a
distance of 190 feet; thence South parallel to the
East line of said Southeast li4 to the said South line;
thence East along said South line "to the point of be-
ginning. .
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(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 ~he
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
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feet, thence Southwesterly to a point on a line drawn
parallel with anp 250 feet East of the West line of
said South 1/2, distant 168 feet North of the South
line thereof, thence South 168 feet to said South
line, thence West to the West line of said South 1/2,
thence North to the point of beginning.
(29) All of Block 6, Howland's Heights.
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(32) The North 672 feet of Lot 36, Auditor's Subdi-
vision No. 226, Hennepin County, Minnesota.
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(33) That part of the Northwest 1/4 of the Southeast
1/4 of Section 6, Township 118, Range 21, described
as beginning at the Southwest corner of said North-
west 1/4 of the Southeast 1/4, thence East along the
South line thereof a distance of 325.2 feet; thence
North at right angles a distance of 550 feet; thence
West at right angles to the West line thereof; thence
South along said West line to point of beginning,
except roads.
032168
(35) The South 292.5 feet of that part of the West
half of the Northeast quarter of the Southeast
quarter lying East of the West 210 feet thereof;
The Westerly 30 feet of that part of the East half of
the Northeast quarter of the Southeast quarter lying
Southerly of the Bass Lake Road, and that part of said
East half described as beginning at the point of inter-
section of the Southwesterly line of Bass Lake Road
with a line parallel with and 30 feet East of the West
line of said East half of the, Northeast quarter of the
Southeast quarter; thence Southeasterly along said road
line 30 feet; thence at a right angle Southwesterly to
an intersection with aforesaid parallel line; thence
North to the point of beginning, all in Section 6,
Township 118, Range 21. .
(36) That part of the Northwest 1/4 of the South-
east 1/4 of Section 6, Township 118, Range 21,
described as beginning at the Southwest corner of
said Northwest 1/4 of the Southeast 1/4; thence
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East along said South line thereof, a distance of
325.2 feet; thence North at right angles) a distance
of 172.5 feet; thence South at right angles) a dis-
tance of 486.45 feet to the South line of said
Northwest 1/4 of the Southeast 1/4; thence West along
the said South line to the point of beginning.
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(37) That part of Tract B, Registered Land Survey No.
21, lying South of the North 85 feet thereof, except
that part of Tract B lying between the Westerly exten-
sions of the North and South lines of Tract B in said
Land Survey, and lying East of a line drawn parallel
to and 55.76 feet West of the West line of said Tract B.
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(38) Lots 18 and 19, Block 1, Hopewood Hills."
021069
(39) Outlot A, Zubeck1s Rolling Hills 2nd Addition.
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(40) The South 30 feet of the North 67 feet of the
East 130 feet of Lot 23, Auditor1s Subdivision No. 324,
Hennepin County, Minnesota.
101369
4.104 Ext"entofLB limited Bus ihess District.
The following areas 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 COWLty Road No. 18.
(2) Outlot 1, Holberg Heights Addition.
(3) Premises described as follows: Commencing at North-
east corner of the South 1/2 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, 2211 36', 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 direc-
tion a distance of 157.57 feet; thence deflect to the left
75 degrees, 27 minutes, 50 seconds, in a Southwesterly di-
rection, a distance of 660.45 feet; thence deflect to the
left 90 degrees in a Southeasterly direction, a distance
of 1,064.81 feet, more aT less, to its intersection with
a line drawn parallel to "the South line of said South 1/2
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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 Subdivision 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
, ~
corner of 8al~ Lot 16 to the Southwest corner of Lot 13,
Block 2, Murray Lane 3rd Addition.
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(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 Pennsylvania Avenue and North of
the centerline of Bass Lake Road.
(8) That part of Lot 1, Block 1, Lampherets 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.
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(10) All of Lot 36, Auditor1s Subdivision No. 226,
Hennepin County, Minnesota, lying South of the North
672 feet thereof, except that part beginning at a
point in the West line of said Lot 36 distance 1025.28
feet South of the Northwest corner of said Lot; thence
East at right angles to said West line, a distance of
206.63 feet; thence at a right angle South to the
Northerly right-of-way line of County Road No. 10;
thence Westerly along said Northerly right-of-way line
to the West line of said Lot 36, thence North along
said West line of said Lot 36 to the point of be-
" ginning.
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(11) All of Tract "BlI, "CI!, llDlI and liE" 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 "e", and North of 42nd Avenue
North, and West 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.
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(13) Lot 2, Block 1, and that part of Outlot A lying
west of the east line of said Lot 2 extended northerly,
all in Sharon's Addition.
071469
corner thereof; 1:nence 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, Northi'ioOd Terrace 6th Addition,
except a 70 foot strip adjacent to the northerly lines
and the easterly lines of said Lot 14.
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(15) That part of the South 1/2 of the Southeast 1/2 of
Section 18, Township 118, Range 21, described as be-
ginning at a point on the East line of said South 1/2
of the Southeast 1/2 distant 320 feet South of the
Northeast corner thereof; thence South on said East
line 180 feet; thence West and parallel to the North
line of said South 1/2 of the Southeast 1/2 a distance
of 183 feet; thence Nortt~yesterly to an angle point
on the South line of Lot 8, Block 1, Towers North (said
angle point on Lot 8 being 85.45 feet Southwesterly
from the Southeasterly corner thereof); thence North-
easterly and Easterly along the Southerly boundary of
Towers North Addition to the point of beginning.
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(16) The East 70 feet of that part of Lot 38, Auditor's
Subdivision No. 226, Hennepin County, Minnesota, lying
North of the South 1100 feet thereof.
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4.105 EXTENT OF RB BUSINESS DISTRICTS.
The following areas in the Village shall comprise the
RB Business District:
(1) Outlot 1 in Allen Hills.
(2) That part of the Southwest 1/4 of the Northwest 1/4 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 1/2 of said Southwest 1/4 of the
Northwest 1/4 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 1/4 of the Northwest
1/4 distant 255 feet East of the Northwest C011ler thereof,
thence East to the point of beginning, and that part of the
Northwest 1/4 of the Northwest 1/4 in the said Section
lying South of the Rockford Road, West of the East 676.5
feet and East of the West 255 feet thereof.
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(3) All of the Northeast 1/4 of the Northeast 1/4 of
Section 18, Township 118, Range 21.
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(4) Tract B and Tract A, except the West 125 feet of
that part of Tract A, lying South of a line drawn at
right angles to the West line of said Tract A from a
point thereon, distant 200 feet North from the Southwest
corner of said Tract A, all in Registered Land Survey
No. 1282, files of Registrar of Titles, County of Hennepin.
081169
(5) All of the South 700 feet of the Southeast 1/4 of
the Southeast 1/4 of Section 19, Township 118, Range 21,
except the West 180 feet thereof, and except Block 1,
Twin Terra Linda 4th Addition.
(6) That part of Lots 41 and 42 of Auditor's Subdi-
vision 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
Terrace. 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, Auditor1s Subdivision No.
226.
(9) That part of the West 1/2 of Lot 32, Auditor's Sub-
division No. 226, described as follows: Beginning at a
point on the South line of said Lot 32 distant l~O 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 inter-
section with a line running parallel. with and 30 feet
West of the East line of the West 1/2 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.
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(10) That part of the East half of the Northeast quarter
of the Southeast quarter of Section 6, Township 118,
Range 21, lying East of the West 30 feet thereof and
South of Bass Lake Road, except that part described as
follows: Beginning at a point of intersection of the
Southwesterly line of Bass Lake Road with a line parallel
with and 30 feet East of the West line of said East half
of the Northeast quarter of the Southeast quarter; thence
Southeasterly along said road line 30 feet; thence at a
right angle Southwesterly to an intersection with afore-
said parallel line; thence North to the point of beginning.
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(11) The South 207 feet or 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 embraced in Plat of Rosalyn
Court, Block 1, Lamphere's Terra Linda.
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(13) Repealed.
112568
(14) Tract B. Registered Land Survey No. 840~ and that
tract described as commencing at a point of intersection
of North line of Section S, Township 118, Range 21 and
centerline 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 centerline of said County Road No.8 at a point
275.61 feet Southerly from its intersection with said
North line; thence South at right angles 95 feet; thence
West to a point in the centerline of said County Road
distant 375.61 feet Southerly from its intersection with
said North line, thence Northerly along said centerline
100 feet; thence East to the point of beginning.
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(15) That part of the Southeast 1/4 of Section 18, Town-
ship 118, Range 21, described as follows: The West 125
feet of the East 358 feet of the "South 233 feet, as
measured on and pa:rallel with the East and South line
of said Southeast 1/4.
(16) That part of the Northwe5t Quarter (~1~ 1/4) of
Section 5, Township 118, Range 21~ described as follows:
Beginning at a point in the. centerline of Osseo Road
distant 830.53 feet Southerly along said centerline
from its intersection with the North line of said Sec-
tion; thence East along a straight line to a point
thereon distant 729 feet West of the East line of said
Northwest Quarter (m~ 1/4), said straight line if ex-
tended Easterly would intersect said East line at a point
783 feet South of the Northeast corner of said Northwest
Quarter (NW 1/4); thence at a right angle South 176,5
feet; thence at a right angle East 25".4 feet, thence at
a right angle South 80 feet; thence at a right angle
West to the centerline of Osseo Road; thence Northwesterly
along the centerline of said Road to the point of be-
ginning, according to the United States Government
. Survey thereof.
122667
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 "All 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 w~th that
area in Lot numbered 34 of said subdivision, lying South
of the North 1067 feet thereof.
(6) Rockford Pakk Addition, Block 7, Lots 1, 2 and 3;
Block 2, Lots 1 through 5 inclusive; Block 1, Lots 1 and
2, 'tQgether 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.
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(8) The West 70 feet at the East 140 feet of that
part of Lot 38, Auditor1s Subdivision No. 226 lying
North of the South 1100 feet thereof.
(9) The East 17E 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 Southeast 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, Auditorfs Sub-
division 324.
(11) The West 206.63 feet of Lot 36, Auditor's Subdi-
vision No, 226, except the North 1025.28 feet thereof.
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(12) Commencing at a point In the East line of the
Southeast 1/4 of Section 6, Township 118, Range 21,
distant 857 feet South of the North"east corner thereof;
thence west at right angles to said east line to the
east line of the west 247 feet of the East 1/2 of the
Northeast 1/4 of said Southeast 1/4; thence south along
said east line to the centerline of Bass Lake Road;
thence Southeasterly along said centerline to its inter-
section with the east line of said Southeast 1/4; thence
north to point of beginning.
112568
(13) Lot 1, Block 1; Lot 1, Block 3; Outlot B, and that
part of Outlot A lying east of the west line of said
Lot 1, Block 1 extended southerly; all in Sharon1s
Addition,
071469
(14) That part of the Southwest 1/4 of the Northwest 1/4,
Section 7, Township 118 Nprth, Range 21 West of the 5th
Principal Meridian, described "as follows: Beginning at
a point on the South line of said Northwest 1/4 distant
275 feet East of the Southwest corner thereof; thence
continuing East along said South line, a distance of
155 feet to the centerline of a frontage road conveyed
to the County of Hennepin by deed dated July 29, 1968
recorded in Book 68 of Hennepin County Records, page
3742371; thence along the centerline of said road North,
parallel 'vi th the 'tieS t line of said Northwes t 1/4 a
distance of 80 feet; thence deflect left along a tangen-
tial curve having a radius of 381.97 feet, delta angle
58 degrees 00 minutes to a point distant 306.0 feet South
of the North line of the South 1/2 of said Southwest 1/4,
measured at right angles to said North line; thence West
on a line parallel with said North line a distance of
50 feet, more or less, to a point distant 215 feet East
of the West line of said Northwest 1/4; thence South-
easterly to the point of beginning, except that part con-
veyed to the County of Hennepin by Document No. 3742371.
052669
(15) The West 125 feet of that part of Tract A lying
South of a line drawn at right angles to the West line
of said Tract A from a point thereon distant 200 feet
north from the southwest corner of said Tract A of
Registered Land Survey No. 1282, files of Registrar of
Titles, County of Hennepin.
081169
4.107 Extent of L1 Limited Industry District.
The following areas of the Village shall comprise the
L1 Limited Industry Districts.
(1) That part of the Southwest quarter of the North-
west 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, to-
gether 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.
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(3) The East 450 feet of the West one-half of the
Southwest quarter, EXCEPT Lot 1, Block 3, Perryis
Sprucewood Terrace and Lot 1, Block 3, Winnetka Hills
2nd Addition;
That part of the West one-half of the Northeast
quarter of the Southwest quarter lying West of
Minneapolis Northfield and Southern Railroad right-
of-way and South of the following described line:
Commencing at a point on the West line of said North-
east qua~ter of the Southeast Quarter distant 550 feet
South' of the Northvres t corner thereof; thence South
64 degrees East to the said right-of-way.
All in Section 8, Township 118, Range 21.
041269
(4) The West 461 feet of the'Southwest quarter of the
Northwest quarter of Section 17, Township 118, Range
21, together with the West 461 feet of the Northwest
quarter 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 quarter 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.
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(5) All that part of the Southeast quarter of the South-
west quarter of Section 17, Township 118, Range 21,
lying West of Tract "Ail 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~d
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.
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4.108 Extent of GIGeneral Industry Districts.
The following areas in the Village shall comprise the
GI General Industry District.
(1) That part of the Northwest 1/4 of Section 8,
Township 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 1/4 of the Southwest 1/4 of
the said Northwest 1/4 lying South of the North 50
feet and West of the East 145 feet thereof,
(2) All of the West 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-way and North of the follow-
ing described line: Commencing at a point on the West
line 550 feet South of the Northwest corner of said
Northeast quarter of the Southwest quarter; thence South
64 degrees East to the said right-of-way.
(4) The East 651.63 feet of the Northwest quarter of
the Northwest quarter of Section 20, Township 118,
Ra~ge 21.
(5) All of Lots 4 and 5, Auditor's Subdivision No.
324.
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(6) Lot 1, Block 3, Perry1s Sprucewood Terrace, and
Lot 1, Block 3, Winnetka Hills 2nd Addition.
041269
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.
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4.500 P L A T TIN G
4.501
PURPOSE AND INTERPRETATION.
.
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 will
contribute toward an attractive, orderly, stable and whole-
some community environment, adequate municapal services, and
sa~e streets, all subdivisions hereafter platted within the
incorporated limits of the Village shall in all respects,
fll11y comply with the regulations herein after set forth.
In their interpretation and application the provisions
herein shall be the minimum requipements 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 upo; 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:
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Subd. (1) Alley.
lIAlleyll 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.
lIButt Lot" is a lot at the end of a block and
located between two corner lots.
Subd. (4) Co11ector.Street.
"Collector Streetll :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.lI is a minor street with only one outl~t.
Subd. (6) Easement.
lIEasement" 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. (7) Final Plat.
"Final Plat" 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.
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Subd. (8) Lot.
"Lot" is a parcel or portion of land in a sub-
division or plat of land, separated from other parcels or
E0rEi~ns by description as on~a 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 Streee' 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 Hay" 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.
lIPreliminary 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
abutt:hng properties and propection from through traffiOt~
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 Widthll is the shortest distance between
the lines delineating the right-of-way of a street.
Subd. (18) Streets.
"Streets" is a ,.'Jay for vehicular traffic whether
designated as a street, highway, thoroughfare, parkway,
thoroughway, road, avenue, land, place or however
otherwise designated.
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Subd. (19) Subdivider.
IISubdivider" is any person commencing proceedings
under this Ordinance to effect a subdivision of land
hereunder for himself or for another.
Subd. (20) Subdivision.
IISubdivision" 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, or, 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
cm: to the land subdivided.
Subd. (21) Thoroughfare.
IIThoroughfareU 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.
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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 i~ the
u.S. Mail not less than three days prior to the
hearing before the Planning Commission~
01~5.6lb7
.' . .
(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 ~ 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 shall 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~~the name of any " - plat theretof9re 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, cleqrly
indicated.
(B) Existing zoning classificat~ons.
(C) Total approximate acreage.
(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 corpQrat~
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 underground 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) Bounaar,y Jines of adjoinging l.:lnsubdivided or
subdivided land, within one hundred feet identifyinf
by name and ownership.
(G) Topographic data, as shown on the Village
topographic map, Water courses, marshes, wooded'
areas, rock outcrops, power transmission poles '" '
and lines, and ~ther 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 to~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 stf,eet naming pattern of
Metropolitan Minneapol~ .
(B) Location and widths of proposed alleys,
pedestrian ways and utility easements.
(C) Typical cross-sections of proposed improvement
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) lf 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 reV1S1ons
as it deem necessary for the health, safety, general
\velfare and convenience of the Village.
(B) The approval of a prelimiuary 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
Engineer 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 subject 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 wil~ in the opinion of the Village
Engineer, make the area completely safe for occupancy,
and provide adequate street and lot drainage.
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4.520
FINAL
P L A T
4.521 Procedure.
Subd. (1) Filing.
The owner or subdivider shall file with
the Clerk-Treasurer tIvelve (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, otherwise 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'
4.520
FIN A L
P L A T
4.521 Procedure.
Subd. (1) Filing.
The owner or subdivider shall file with
the Clerk-Treasurer tIvelve (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 ffiter 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, otherwise 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.
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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 telephone, 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 Attorney's 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
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(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.
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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.
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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.
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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
follows:
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) ~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.
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.k
4.530
MINIMUM S
DES I G 1\1
U B D I V I S ION
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.
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Bubd. (5) Conform to Map.
The streets and the proposed subdivision
plats shall conform with the official map or
maps.
4.533 Streets 0
Bubd. (1)
lrJidths.
All right-of-way widths shall conform to
the following minimum dimensions~
Thoroughfares . . . .
as determined
Collector .
by Village
. 70
. . . . . . 60
o . . . . 60
. 60
. .
Plan
feet
feet
feet
feet
Minor . . . . . .
Cul-de-Sac
Harginal access
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 De 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 Engineer~s 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
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*
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 requiTed 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-or-way or limited access
highway right-or-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 ror any
private street.
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Subel. (6) Hardship to ~vners of Adioining
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. 5 3L~
Parl:s Plqyo"Ao'"nric: ..,-;rl {V-'hPT' P,1hll_" c ~ites.
_ ~, ~_ b~ ~ ~~~~~~l__ L~__ ~
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)
(a)
Alleys and Pedestrian Ways.
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.
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~nbc'. (L~) Ea r
~_ semen~s.
(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 blocKs 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
a,ccomodate 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.
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(c) ~ngths. 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
health, 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
s ha 11 be:
(i) 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.
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( . . . )
~~:L'
not less than 30 feet in width
at the rear lot line.
(iv)
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 ~vidth
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.
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(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.
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4.540
R E QUI RED
IMP R 0 V E MEN T ~
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
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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. (I) 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
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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
-J(
than 40 feet apart. This requirement will be
satisfied~ and it is preferable if an equiva-
lent nlli~ber 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. 11
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 hazar-
dous to the public. All drainage and under-
ground utility installations which traverse
privately-owned property shall be protected by
easemen ts .
042067
Subd. (3) Repealed.
112867
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 pro-
visions of this ordinance in lieu of requiring the sub-
divider to install such improvements.
4.547 Village Topographic Map.
The subdivider shall revise the Village topographic
map at his expense to conform with elevations as revised
for subdivision purposes.
042067
4.548 Railroad Crossings.
No street dedications will be accepted which require
a crossing of a railroad unless sufficient land is
dedicated to provide for approachers view consistent with
safety, in such an area as the Council shall determine.
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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 copper water 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.
Subd. (1) Sanitary Sewer.
Sanitary Sewer: Centerline of street.
Subd. (2) Water Main.
Water Main: 10 feet North or East of
centerline.
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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 108A.
Subd. (2) Procedure.
Street construction shall proceed in the
following manner unless otherwise approved, in
writing, by the Engineer:
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(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 Engi-
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 installaa
tion of concrete curb and gutter. The con-
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
1S contaminated itri th subgrade material shall
be removed. After the sub-base has been
approved by the Engineer, the contractor shall
place and compact the permanent 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 Engi-
neer. There shall be a paving inspector fur-
nished 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.
010166
(f) A peagravel 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.
112867
Subd. (3) Construction Requirements.
Construction shall be in accordance with all
requirements of the most current Minnesota Depa.rt-
ment of Highways specification sections hereinafter
referred to unless specifically changed herein.
(a) Grading.
(1)
Construction nrocedure and methods shall
be in accordance with Minnesota Highway
Department Specification Sectiohs 2105,
2106 and 2110.
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(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 I08A.
(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 (I) 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.
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(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.
(I) 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.
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Cd) Surfacing.
(1) Construction procedure and methods shall
be in accordance with Minnesota Highway
Department Specification Section 2341.
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(2) Copies of test reports and proposed mix
proportions shall be submitted to the
Engineer for his approval and shall desig-
nate 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
1 aye r .
(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.
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(e) Seal Coat .
(1) Construction procedure and methods shall
be in accordance with Minnesota Highway
Department Specification Section 2356.
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(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
(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 Minne-
sota Highway Department Specification
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.
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(4) It shall be the responsibility of the
contractor to finish grade the boulevard
in accordance with Village Street Standard
Cross-section Sheet lOlA, and to protect
all survey monuments and property irons
and shall replace any that are disturbed
or destroyed.
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(5) One (1) 2" caliper Green Ash or approved
equal shall be planted five (5) feet be-
hind back of curb at the approximate
center of each lot, but not over sewer
service.
(6) ~treet si~ns shall be located at each
1ntersectlon as shown on Standard Detail
Plate I04A and shall be in accordance
with Standard Detail 103A.
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Subd. (4)
Inspection.
.
Inspection necessary to determine compliance
with the above specifications will be provided by
the Village. The contractor shall notify the
Engineer in sufficient time to schedule inspectors
a~ necessary; in no case shall such notice be less
than 24 hours prior to anticipation of work.
Subd. (5) Fatilty 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 immed-
iately 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 permanent maintenance until
after correction of faulty or unacceptable construc-
tion.
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Subd. (6) Incorporation.
Minnesota Highway Specifications Sections 2105,
2106, 2110, 2202, 2341, 2356, 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, TiThe Village of New Hope -
official copy. n
Standard Detail Drawings lOlA through lOSA,
are hereby incorporated by reference as though fully
set forth herein. Three copies of said dra~ings
shall be filed by the Clerk-Treasurer in his ~ffice
for inspection and use of the public and shall be
marked with the words, liThe Village of New Hope -
official copy. II .
112867
*
4.560
REQUIRED AGREEMENTS AND
BON D S
4.561 Standard Procedure, Plan A Plat.
Before a final plst is approved by the Council,
the owner and subdivider of the land covered 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) Completion 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.
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n
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
~
"
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 escrm>7 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 oWTIer(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
~
n
Subd. (2) frovisions 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, re1uire 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.
OlOl66
*
4.563 Inspection at Subdividers 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.
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-.
~
n
4.570
V A R I A NeE 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. (I) 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.
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4.572 Application for Variapce.
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.
OlOl66
4.580 RES T R I C T ION SIN F I L I N G ' AND
RECORDING CONVEYANCES
4.581 Unapnroved Subdivision
No conveyance of land shall be filed or recorded if the
land is described in the conveyance by metes and bounds or
by reference to an unapproved i::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:
(~) Was a separate parcel of record on March 12, 1959, er
(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 two and
one-half acres in area and 150 feet in width :;'Or1
January I, 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
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
Ad.justments for the Village. The ffi2mbers 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. (I) 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 that 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 4ypea1 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
frrrms 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.
4.60'3 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
proceedings are started within that time, the permit shall be
issued in accordance with applicable ordinances if the applic-
ation conforms to Village regulations.
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4.604 REFERRAL TO THE PLAL'iNING 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 shall review the petition
for a zoning variance and hold a hearing thereon following
written and published notice as provided in Section
4.605. It may hold hearings on Section 4.602 Subds. (1)
and (3) appeals at such time and upon such notice to the
appellant or petitioner as the Planning Commission de-
termines.
4.605 NOTICE.
Subd. (1) p'et'i tl'o'nfor 'Zoning Variances.
Hearings by the Planning Commission or their
review of petitions for zoning variances shall be
set by the Clerk-Treasurer forthwith, and published
and mailed notice of the time, place and purpose
shall be given in the same manner as hearings before
the Board. The Clerk-Treasurer shall set a hearing
before the Board on a petition and publish and mail
notice thereof to woners of property within 200 feet
in the same manner~as published and mailed notices
are given for rezoning applications' under Section
4.82, Subdivision (2).
Subd. (2)' Sec.t'ion4' ;60'2 Subd's. (1) and (3) Appeals.
The Clerk-Treasurer shall set a hearing on the
appeal wi thin 28 days after receiving the report
from the Planning Commission, 'and shall have notice
of the time, place and purpos-eof the heaTi~g pub-
lished in the official newspaper of the Village and
mailed to the appellant at least 10 days prior to
the day of hearing. For the purpose of. giving
mailed notice, the ClerK-Treasurer may use any
appropriate records to determine the name and
addres's of the appellant .
092368
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.
~LY party may appear at the hearing in person
or by agent or attorney.
Subd. (3) Ru'les .
The Board may adopt rules for the conduct of the
hearings before it. Such rules 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. (I) Comprehensive Municipal Plan.
"Comprehensive Municipal Plan" means a compilation
of policy statements, goals, standards, and 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 Planli 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
"o.fficial 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 fULure 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
recoremendations 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 (IO 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. (I) 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 thereof
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 otber P9litical
subdivision having jurisdiction within the Village until
after the Planning Commission has reviewed the proposed
acquisit~on, 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
acquisition, 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 munieipa1ity
shall be filed with the governing body of the contiguous
municipality.
072567
4.631 REQUIRED SITE-IMPROVEMENT AGREE~ffiNTS AND BONDS.
Subd. (1) Agreement and Bond.
Prior to the issuance of a building permit under
Section 3.28 for an apartment building' with three or
more living units, or an apartment development, the
permit applicant, builder or developer shall execute
and deliver to the Council a Site-improvement Agree-
ment providing for the installation within one year
of the off-site and on-site improvements required
under Subdivision 2 of this section, secured by a
cash escrow or surety bond in an amOQ~t and with
surety and conditions satisfactory to the village, to
assure the village that such improvements will be
actually constructed and installed according to speci-
fication~ and plans approved by the village as ex-
pressed ln such agreement. The agreement, bond and
bond amount shall contain and be conditioned upon
those conditions provided in Section 4.561, except
those which by their nature have no application.
Subd. (2) Require'd ImproVements.
The required improvements are street signs,
traffic control signs, sidewalks, concrete driveway
aprons, boulevard sod, drainage swale sod, trees,
shrubbery, landscaping, and when necessary to meet
the performance standards of Section 4.63 and 4.73,
fencing and storm water drainage, respectively. Such
'improvements shall be installed in accordance with:
(a) The specifications established in Sections 4.01
to 4.200 (Zoning) and Sections 4.500 to 4.572
(Platting) for such vlOrk; and Cb) The specifications
and plans approved by the Village as expressed in the
Site Improvement Agreement. .
Subd. (3) Wai ve'r.
The Council may waive all or a portion of the
requirements and regulations provided in this section
if it finds: (a)' That the required improvements or
substantially all of them, have been installed at the
time the building permit is applied for, or (b) Com-
pliance with the foregoing requirements will create
an unnecessary hardship and failure to comply does
not interfere with the purpose of this section.
121267
CHAPTER 5
S E t~ E R. W ATE R. D R A I NAG E
AND STORM SEtrJER
*
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. (I) Sewage Works.
IiSewage Worksll means all facilities for
collecting~ pumping, treating and disposing of
sewage.
Subd. (2) Superintendent.
"Superintendent" means the Village Super-
intendent of Sewers or his authorized deputy
agent, or representative.
Subd. (3) Sewage.
I1Sewage" means a combination 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.
II Sewer" means a pipe or conduit for carrying
sewage.
Subd. (5) Public Sewer.
"Public Sewer" means a sewer in which all owners
of abutting properties have equal rights or is
controlled by public authority, or both.
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Subci. (6) Combined Sewer.
"Combined Sewer" means a sewer receiving
both surface runoff and sewage.
Subd. (7) Sanitary Sewer.
iiSanitary 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.
iiStorm Sewer" orilStorm Drain" means a sewer
which carries storm and surface waters and drainage
but excludes sewage and po1uted industrial wastes.
Subd. (9) Sewage Treatment Plant.
iiSewage Treatment Plant" means any arrangement
of devices and structures used for treating sewage.
Subd. (10) Industrial Wastes.
"Industrial l~astes" means the liquid wastes
from industrial processes as distinct from sani-
tary sewage.
Subd. (11) Garbage.
"GarbageU 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.
IIProperly 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.
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Subd. (13) Building Drain.
IIBuilding DrainlV 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.
IlBuilding Sevlerii 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)..,
"B.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.
iiPhil 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.
ilNatura1 Outletli means any outlet into a
watercourse, pond, ditch, lake or other body of
surface or ground water.
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Subd. (19) Watercourse~
"\tJatercourseB 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 o~er 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
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*
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-.
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.
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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.
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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-
filtration, 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. (II) 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.
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.
Subd. (12) Depth Limitation.
No cesspool, septic tank, drain field or
other excavation that is used as part of a sani~
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 gound 1eva1 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.
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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. (I) Separate Lines.
A separate and independent building sewer shall
be provided for every building; except where one
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*
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 adjo~ning 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 6iV 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.
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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 lai~
at uniform grade and in straight alignment in
90 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
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*
packed Oakum Joint with a hot poured lead ring
approximately 3/411 deep and caulked. Asbestos
cement pipe shall consist of the Rubber Ring
type joint as recommended by the manufacturer,
e::ltcept uhen connection to the hcuse 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) ~~ded 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 o~ 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 Tigh~.
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 has
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.
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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 sUnilar approved
material.
Subd. (6) Other Methods.
Other jointing materials and methods may
be used only by approval of the Village Engineer.
S.12 Connection to Public Sewer.
Subd. (1) lIyil Branch.
The connection of the building sewer into
the public sewer shall be made at the iiyii 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 "yll
branch is available, the owner shall, at his
expense, install a "yil 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
"yH branch is available, a neat hole may be cut,.
into the public sewer to receive the building
sewer, with entry in the downstream 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
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*
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 Notif~ 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 distc~bed in
the course of the work shall be restored in a manner
satisfactory "to the- Villag.e..
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S.IS 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 lOO parts per million by weight, of fat,
oil, or grease.
Subd. (3) Flamable Liquid.
Any gasoline, benzene, naptha, fuel oil,
or other flamable or explosive liquid, solid or
gas.
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S.l7 Grease, 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 installed, 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 S.03,or
(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.
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.A
*
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.
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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.
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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.
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5.50
SEiAJER
RAT E S
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 Sewag~.
ilNorma1 SewageH 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.
"Industrial 'VJaste" 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:
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*
(a) For eac h bus ines s , plant,
institution or similar un it. . . . $ 6.00
(b) For each grade school . . . . . . 6.25
(c) For each junior high sc hoo 1
or high sc hoo 1. . . . . . . . . . 15.00
(d) For each residence, resident
unit or other un it. . . . . . 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, plant,~1ngtitution 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.
For the equivalent of more than 10 but
less than 16 persons. . . . . . . . . .
For the equivalent of more than IS but
less than 21 persons. . . . . . . . . .
For the equivalent of more than 20 but
less than 26 persons. . . . . . . . .
. .$ 4.50
6.70
. .
8.75
. 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
...
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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
100,000-150,000 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
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*
flat charges are impractical 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 times, 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
no~al 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 Supplying 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
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*
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 Bil1s.
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 Beginning 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 Billing.
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
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*
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 HUse Charge" 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.
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5.70 USE
C H ARG E
5.71 Sewer U~e 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 be
payable for each month or fraction of month during
which said user is connected to the sanitary sewer
system of the Village.
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5. 72 AdditionaTCharge.
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. For purposes of
Section 5.70 through 5.76, the word structure shall mean
each separate commercial or industrial business or enter-
prise having an individual water meter within a building,
and shall mean each residence or living unit in a
multiple dwelling.
052768
5.73 Amount.
The Use Charge shall be One Dollar ($1.00) per
month for each structure connected to the Village sani-
tary 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 HUse Charge!!, and showing
the amount due on the current bill as a Use Charge. .
5.75 Deposit o'f 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.
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~~
n
5.76 Duration of Use Charge.
The Use Charge shall terminate on the last day
of the month in which that certain contractual obli-
gation of the Village entitled, "Agreement 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 of
September, 1956, is paid or otherwise discharged in
full, including interest, and provided that said
termination does not conflict with the terms and
provisions of that certain resolution dated March
l3, 1962, entitled nResolution Authorizing Issuance
of $425~OOO Water and Sewer System Revenue Bonds of
1962i1.
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5.80
SE'frJER
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.
~9Ne~;J constructionn means any building or
structure construed under a building permit issued
after April 21, 1960.
Subd. (2) Existing Construction.
"Existing constructionii 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 A.
A -fee, hereinafter designated as IICharge Ail shall
be paid for the issuance of the sewer connection permit.
The amount of Charge A shall be $IOO, except as provided
below.
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*
Subd. (I) 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-
ginning shall be considered as having begun the
first or fifteenth of the month, whichever is
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.
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..I.
"
(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. (l:.)
Commercial and Industrial Construction.
r
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 Shutting 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
Ol0166
*
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
West of 'vinnetka Avenue.
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5.90
SErvER
CON N E C T ION
C H A R G E S
~A R,Jl-L B
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 Sewer Connection Permit Charge B.
,A fee, hereinafter des ignated as Charge B,
shall be paid for the issuance of the sewer connection
permit to supply sewer service to premises within the
following described areas:
Subc1. (I)
That part of the village lying North
of 42nd Avenue North.
Subd. (2)
That part of Section 7, Tm1nship lIS, Range 21,
lying South of 42nd Avenue North.
Subd. (3)
Section 18, Township 118, Range 21 except the
Southeast one quarter (SE%.) of the Northeast one
quarter (t~~) thereof.
Subd . (4 )
The North one-half of the North one-half of
Section 19, Tovmship lIB, Range 21.
Subd. (5)
The North 660 feet of the West 660 feet of the
Northwest one luarter (m~~) of the Northwest one
quarter (~IT,v~) of Section 20, To~mship 118, Range 21.
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. .
SubcL (6)
The 'i)est 165 feet of the Nort~...Jest one ':.luarter
(IN!,;) of the south'"est one 'luarter (SHl,;) of Section 17,
Township 118, Range 21.
5.93 Addit~onal_Charge
Charge B provided in Section 5.92 shall be paid in
addition to the inspection fee provided in Section and the
Se'l:ver connection permit charge .6, provided in Section 5.83.
5.94 ~rmination of Amount of Ch~ge 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 "Primary Amount")
equal to the amount, pursuant to Fesolution 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}~ent of Charge 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 P~yme~t Msthod~
At the time the application is filed with the
Clerk-Treasurer, Charge B may be f~lly paid. If full
payment is elected, interest on the primary amount shall
be at 6% per annum thereon from October 9, 1958 to
December 3lst in the year in which payment is made.
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Subd. (2) Installment Method.
At the titne the application is filed \A7:tth the
Clerk-Treasurer, applicant may upon writtGn request,
elect to pay Charge B by insal~ment payments. If the
instnl1ment mothod is elected, applicant shall pay
said Charge B as -follows:
(a) The sum of installments due at date application
filed, determined on the basis of the primary
amount being aayable 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 Subd. (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~Building 1ewer Permit.
Subd. (I)
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 ~qhich ~vill, in the judgement of the
Council, or its duly appointed agent, reaspnably be
expected to use the sanitary sewer when the structure
is occupied or used. The reasonableness of said
determination of probable use of the said agent of the
Village shall be subject ro revier...-r by the Council, upon
written demand by the applicant for the building permit
for a hearing.
Subd. (2) Existing Construction.
No building sewer permit for existing structure
shall be issued until Charge B has either been fully
paid or deferred 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
paip as describe6 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
with 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 his office and to certify annually to the County
Auditor, on or before October 10th in each year, a
total amount of installroents of and interest on
Charge B on each lot, piece or parcel of land in a
rounicipality which are to become due in the following
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 31st
of the year in 1!7hich such payment is made.
5.99 E1ect:Lon 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
starting from January 1, 1959. The roll shall be filed
with 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 his office and to certify annually to the County
Auditor, on or before 0ctober lOth in each year, a
total amount of installments of and interest on
Charge B on each lot, piece or parcel of land in a
municipality which ~re to become due in the following
year.
Subd. (3) Full Payment After Election.
\t any time 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 r,7hich 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.
5.10l 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.R5.
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5.102 Validity.
If any amount, or any manner or method of collecting
Ch~rge 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.
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5.110
SEWER
CON N E C T ION
CHARGES
CHARGE C
5.111 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 ?er 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.l13 hereof, the number of front feet shall be
determined as follows:
Subd. (1) Rectangular 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 ~de.
Subd. (2) Irregularly 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
fronts 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-Treesurer by a method
consistent with the intent of this section.
5.115 Time and Method of Payment.
Subd. (1)
Charge C shall be paid at the time the sewer
connection permit is issued, except as hereinafter
provided.
Subd. (2)
Upon written request 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 lst 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 folloti7ing 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 th~
Clerk-Treasurer -of 'the entire amount rQIllaining unpaid, ,\.t
with interest accrued to.December 3lst in the year which
?uch payment is made. 01~166
5.120 I' N VOL U N TAR Y
SEWER
CON NEe T ION
PROCEDURE
5.121 Definitions.
The definitions contained in Section 5.01 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. (1) 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 NEH HOPE SE\.JER 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 he 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.
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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.
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5.140
M U N 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 Council.
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.l44 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.
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5.146 Permit Required for Connection to Water System.
Subd. (1) Permit.
Before any person shall make a connect::Lon \vith the -:
municipal water sy.stem, 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
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superv~s~ng, regulating and inspecting the work. This fee
shall be separate from and in addition to any connection
c~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 ~{uare feet.
Each parcel of platted property of 13,500 square feet or
less shall pay the water connection charge calculated under
this section.
Subd. (1) Trunk Charge.
A trunk charge equal to $1.33 per lineal foot for
each front foot determined in accordance with Section
5.l51, but not less than $100.00 per parcel, and the
charges provided in Subdivision (2), if appliable.
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
Ii! service
l~li service
1~1i service
2" service
$ 85.00
95.00
130.00
150.00
IBO.OO
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(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).
S.lSI 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~re 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
3/4H service
III service
1%:" service
$ 85.00
95.00
130.00
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l~l~ service
211 service
150.00
l80.00
(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.
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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) Rectangular 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) Irre~ular 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~ent method, the applicant
may, upon written request by the owner, if approved;by
the Council, pay the water connection charges under one
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or more of the optional methods provided in subdivisions
(3), (4), and (5) of this section, when they are applicable.
Subd. (3) Option Method I. Ouarterly 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; there8fter~ 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 cha~ge
shall be paid when the actual connection is made,
and the sum remaining in two additional quarterly
payments, one every three mo~ths 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 subsequen,t
to the actual connection to the water system.
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(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: $lOO.GO 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 5.15l.
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) anp
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
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Section 5.148 under Subdivision (5) of Section 5.153 (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 installments including interest being
set forth separately. The first installment shall be payable
on the first Monday in January next foll'0Wing 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 roll, with each installment due,
~nc1uding 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 installmen
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.lS3 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.
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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.l01 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 fre~:ing"
5.158 Tamperin&.
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 Plumbin~.
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 constructiop
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.l61 Checkvalves.
Checkvalves 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 \vith
the water system where the steam pressure may be raised in
excess of 50 lbs. per square inch.
5.162 Use of Wat~r During Fires.
It is hereby declared to be unlawful for any person in
this Village or any person owning or occuping premises con-
nected to the municipal water system to use or allow to be
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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 Flow 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.
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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, repair
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 3/4il 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 u~e.
Subd. (4) Stop Boxes.
Such service pipes must extend fram 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.
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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 hour~.
5.168 Meters.
Subd. (1) l.vater 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) Ins~allation; 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:
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(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 I 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 1~1I and 2it 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
without screws.
(9) Meters shall have a Monel inlet and outlet
strainers.
(10) The 5/8ths inch, 3/4ths inch and I inch meters
shall be equipped with straight connections
and gaskets.
(11) The l~i! and 2n meters shall be equipped with
flange connections with bolts, nuts, and gaskets.
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1
~
~
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 lOth (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 case,
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.
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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 oomp~ted 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 3la 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 sec-
tion 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.
S .172 Accounts in the Nam:eo'f 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 accrue.
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5.173 Payment.
All bills shall be due and payable when rendered. If
payment is not made on or before the 16th day of the month
next succeeding the mailing of the ~i11, a penalty of IO~
or SO~, whichever is greater, shall be added to the bill.
The actual month of beginning shall be considered as having
begun on the first or fifteenth of the month, whichever is
closer. Water bills shall be considered to be in default
on the first day of the month next succeeding the date the
above penalty attaches, .
111467
5.17 4 Non-Payment.
The water supply may be shut off from any premises for
which the water bill remains unpaid and in default. When
shut off, the water shall not be turned on except upon the
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pay~ent 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, culvers 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 perm~t
the free and unrestricted passage of water therein.
5.183 Notice to Land Owner to Remed~ Conditions.
Subd. (I) 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 obstructton
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 the free flow
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of surface water from, or in any drainage easement, or
interferes with rem~dying or correcting of obstructions
in any drainage stuucture, 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.
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5.190
SEWER
C11 A R G
AND
B'S
W A T
E R
CON NEe T ION
C H A R G E
D
AND
C H A R G E
E
5.191 Int~rpretation.
In their interpretation and application, the provlslons
of Section 5.191 through 5.193 shall be construed in refer-
ence to the provisions of Minnesota Statutes, Section
444.075. To provide a fair and equitable bearing of construc-
tion costs by all parcels using sewer and water facilities,
these provisions are intended~ among other purposes, to
provide that each parcel of land within the Village connecting
or using the sewer and water facilities of the Village pay its
proportionate share of the actual cost thereof, and the
charges for connection to such facilities shall be fixed by
reference to the portion of the costs thereof which have been
paid by moneys received or to be received from the levying of
special assessments against the parcel to be connected in
comparison with moneys received or to be received through
assessments against other premises. .
5.192 Sewer Connection Charge D.
The fee, hereinafter designated as lICharge Dl!, shall
be paid for connection to the public sewer system of tax-
forfeited lands or lands exempt from special assessments at
the time of the construction of sewer, which subsequently
pass into private ownership or use as provided hereafter.
Charge D provided in this section shall be paid in addition
to any other charges or fees provided by the ordinances of
the Village. .
Subd. (1) Tax-Forfeited Land:;;.
Wherever public sewers have been or shall here-
after be constructed and the cost thereof has been,
is, or shall be wholly or partly paid out of funds
of the Village, and payment of any special assessment
levied against any benefited property for the purpose
of reimbursing the Village for the cost of said sewer
shall have or does become delinquent, and the lands so
assessed have been or are forfeited to the State of
Minnesota for non-payment of taxes and assessnlents,
no person owning or in possession of said lands as
112568
lessee or occupant, shall use or connect said tax-
forfeited lands to any such seVler, and no sewer
connection permit shall be issued to any such persons
unless such owner or person or party in possession
shall first enter into a contract with the Village
providing for payment by such owner or person or
party in possession and pay to the Clerk-Treasurer
an amount equal to all delinquent and unpaid in-
stallments of assessments levied against said land
in the following amount:
If said tax delinquent lands are or have been
sold pursuant to Chapter 386 of the laws of
Minnesota for 1935, and amendments thereto,
and the proceeds of said sale are insufficient
to meet the balance of said assessments due,
and penalties and interest, said owner,
person or party in possession shall be re-
quired to pay said balance before use or
connection to the public sewer, which
balance shall be determined by the Clerk-
Treasurer from the records of said sale and
the assessment proceedings in which said
assessments were levied~
Subd. (2) Exempt Lands.
In case property abutting upon any public sewer,
or benefited by any public sewer, was or is not sub-
ject to assessment at the time such sewer was or is
constructed by reason of the fact that said property
was or is exempt from the levy of special assess-
ments, and such property subsequently passes into
private ownership or use, the owner or person or
party in possession of such abutting property shall
not use or connect such sewer nor shall a permit for
connection be granted unless such person shall first
enter into a contract with the Village providing for
the payment by such o\'mer or person or party in
possession and pay to the Clerk-Treasurer the cost of
the construction of said sewer together with interest
from the date of construction to the date of payment,
a sum of money equal to such amount per front foot
as shall have been determined at the time such sewer
was or is constructed and assessed against other
adjacent property then benefited and assessed.
Subd. (3) Agreement.
The person applying for a sewer connection permit
for connecting such tax-fo:r-'" ,;,ted lands or exempt
lands to the public sewer .1 enter into a contract
with the Village substantially in the following form:
112568
CONTRACT
Sewer Connecti~n Charge D
THIS AGREE~mNT} made this davof
. 19 , by and between the Village
O'fNew Hope; a municipal corporation organized and
-existing under the Laws of the State of Minnesota,
and .
(hereinafter called the Apulicant).
- ... '
WITNESSETH:
Applicant, being the (Owner, Lessee, Occupant)
of the property described as:
is desirous of connecting said property to the
Village sewer system.
NOW~ THEREFORE, The Village and Applicant agree
as follows:
1. Tile Applicant shall pay the Clerk-Treasurer
of the Village the fee designated by Section 5.191 of
the Village Code as Charge D, prior to obtaining a
sewer connection permit.
2. The Clerk-'rreasurer shall promptly calc-
ulate the amount of ChargeD required by Section
5.192. Upon payment of said sum so calculated, and
all other charges ~r fees provided by the ordinances
of the Village as a condition fOT the issuance of a
sewer connection permit, the Village shall forthwith
issue such permit iri\the manner othendse provided by
the Village Code.
3. It is understood and agreed that the sum
provided in paragraph No.1 above shall be and is
fixed by reference to the portion of the cost of
112568
said sewer which has been paid by proceeds of
special assessments levied against the aforesaid
property in comparison with other pr-emises in
the Village.
IN WITNESS WnEREOF, the parties hereto have
executed this Agreement the day and year first
above written.
VILLAGE OF NEW HOPE
By:
Its Mayor
By:
I ts Manage r
Applicant (~~ner, Lessee or
Occupant)
5.193 Water Connection Charge E.
The fee, hereinafter designated as llCharge E", shall
be paid for connection to the public water sy~temof tax-
forfeited lands or lands exempt from special assessments at
the time of the construction of water main, which subse-
quently pass into private ownership or use as provided
hereafter. Charge E provided in this section shall be paid
in addition to any other charges or fees provided by the
ordinances of the Villa.ge,.
Subd. (1) Tax-Forfeited Lands.
Wherever public water mains have been or shall
hereafter be constructed and the cost thereof has
been, is, or shall be wholly or partly paid out of
the funds of the Village, and payment of any special
assessment levied against any benefited property for
the purpose of reimbursing the Village for the cost
of said water main shall have or does become
delinquent, atid the land or lands so assessed have been
or are forfeited to the State of Minnesota for non-
payment of taxes and assessments, no person owning or
in possession of said lands as lessee or occupant,
shall use or connect said tax-forfeited lands to any
such water main, and no water connection permit
112568
shall be issued to any such persons unless such Ol'mel' or
person or party in possession shall first enter into a
contract wi the Village providing fOT payment by such
O\.iner or person or party possession and pay to the
Clerk-Treasurer an amount equal to all delinquent or
unpaid installments of assessments levied against said
land in the following amount:
If said tax delinquent lands aTe or have been
sold pursuant to Chanter 386 of the la\<iS of
~ _ .-.J...,. ..
~1:lnnesota for 1955} ana. amendment.s tl1.B:re'to,
and the proceeds of said sale ar'e insufficient
.to meet the balance of said assessments due)
and penalties and interest, said owner, person
or party in possession shall be required to pay
said balance before use or connection to the
public water main, which balance shall be deter-
mined by the Clerk-Treasurer from the records of
said sale and the assessment proceedings in
which said assessments were levied,
Subd. (2) Exempt Lands.
I~,ca~e property a~utting upo~ any publi~ water ma~n,
or benerltea by any pubI1C water malU, was or lS not subJect
to assessment at the time such water main was or is con-
structed by reason of the fact that said property was or is
exempt from the levy of special assessments, and such prop-
erty subsequently passes into private ownership or use, the
owner or person or part)" in possess ion of such abutting
property shall not use or connect such water main nor shall
a permit for connection be granted unless such person shall
first enter into a contract with the Vi age providing for
the pa)Tment bv such owner <:i1' person OJ: party in Dossession
, _ ~,,;1.
and pay to the Clerk-TTeasurer the cost of the construction
of said water main together with interest from the date of
construction to the date of payment, a sum of money equal to
such amount per front foot as shall have been determined at
the time s1Ich water ma.in \'ras or is COl1stl'uc.ted and assessed
against otheT adiacent Dropertv then. benefited and assessed.
... ,I, _ .
Subd. (3) AgTe~ment,
The person applying for a water connection permit for
connecting such tax-forfeited lands or exempt lands to the
public water system ~hall enter into a contract with the
Village substantially in the fOTm provided for sewer connec-
tion under Section 5.192, Subd. (3), exc~pt that the word
n',.'iaterlf is substi tuted far the word llse\.'ler1\, the \iwrds
nCharge En are substi''cuted fox the words llCharge D11 and the
number 115.19311 is substituted for the numberY1S.192".
112568
C HAP T E R 6
S T R E E T S~ ALL E Y S fA N D
PUB LIe PRO PER T Y
~
6.00 HEIGHT, LOAD LIHITS
6.01 Definitions as used in this Ordinance:
ilVehicleil 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.
rVSlngle axle;! includes all \vheels tv-hose centers may be
included within two parallel traverse vertical planes
forty (40) inches apart.
6.02 Weight Limits.
Subd. (1) Pneumatic Tires.
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~OOO pounds,
or when the gross weight 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
010166
*
gross weight in excess of 75% of the limitations pro-
vided in Subdivisions 1 and 2. The 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
*
6.10 IMPOUNDING OF VEHICLES
6.11 Authority to Impound Vehicleso
The Police may remove and impound or have removed
and impounded any vehicle from streets, under the follow-
ing circumstances:
Subd. (1) ~fuen 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) When 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) When the driver of any vehicle is arrested,
or taken into custody by a police officer;
Subd. (4) When 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 owner, and
the owner, if found, has been given a reasonable opportu-
nity to remove the vehicle.
6.12 Notice of Impounding.
Within twelve 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
OVlner of record of such vehicle. Such notice may be made
in person or by telephone, men possible, and if not pos-
sible, by letter.
010166
.;~
6.13 Restrictions While Impounded
~ubd. (1) 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 bvo copies to the Police,
whereupon the Police shall deliver one copy to the Clerk-
Treasurer.
010166
.'.
"
Subd. (4) Report.
A written report shall be made by the Police on
any vehic Ie impounded. Such report shall sho'\v the dis-
position of the vehicle ordered by the Police; the of-
fense fer which impounded; and a description of the
vehicle, which shall include the following:
(1)
(3)
(5)
(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.
Make of vehicle; (2) License number;
Serial number; (4) Number of tires;
Separate articles of personal property;
A copy of such report, signed by the officer or officers,
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 poundkeepervs receipt
shall be filed with the Police Department.
6.14 Poundkeeper.
Subd. (1) Bids.
The Council may in its discretion, advertise
for bids by persons desiring to act as poundkeepers of
vehicles impounded, 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.
010166
*
Bubd. (2) Contract,
A current contract between the Village and the
Poundkeeper shall be kept on file with the Clerk. This
ordiIlance 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 follmving 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 shall 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 insurerYs 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 Subd. (4) is cancelled,
the Poundkeeper before date of cancellation, shall
furnish and file a ne~v certificate of insurance or bond.
In the event Poundkeeper is without insurance or bonG
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
J.
"
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.
Before any such service is furnished, 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 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~
mateG cost of each project.
Subd. (3) Hearing.
Lt 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
of operation of the street lighting system, including
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
~
~
whether or no~ the property abuts on the street~ or
other public or private area in v7hich 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 cos~s as determined pursuant to
Section 6.22, and mail it to the owner. Thereupon, the
amount 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~
treasurer 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.
Ol016~
.t.
'"
6.30 STREET CLEANING, STREET
OBSTRUCTIONS AtID ~mISANCES
6.31 Street Sprinkling, Flushing and Tree Care.
Subd. (1) 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 two 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.
,.., l..,' (3)
,:,Uuo.
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 Meintenanceman shall keep a record of
the cost and the portion of the cost properly attributable
010166
....
'"
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.(5) Quarterly Billing and Assessments.
T' .,..., . 0 1'" f' h' , t
ne cases OI saLd sprLuKLLng, ~us Lng ana ree
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 2~LOW, Ice, Dirt and Rubbish Removal.
Sube. (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 snow, 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
....
"
6033 .!'enalt...:y.
E~y person who maintains a nuisance Ln violation
of Section 6.32(1) and 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 Councilo
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...
"
6.40 VACATING STREETS
..
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 and submit to the Clerk~
Treasurer written petition for vacation, together with a
fee of $100, plus $10 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 owners
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 OL any defects in the mailed
notice shall not invalidate the proceedings.
6.44 Resolution Vacating Street or Public GLounds.
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 filed with the Clerk-Treasurer.
010166
,. - ()
f~.. ~.
U N C L A 1 M E D
PF..OPEK.t.Y
6.51 When Unclairnecl Property may be Disposed of
When any personal property (except dogs) in the
custody 01' -possession of the Village.. or ;,'lith any party
'\.\1ith 1"hom the Village has contTacted' faT removal and
storage, which has been abandoned by the OVHlers thereof
or for which no 01mer has been found rn.ay be disposed of
after said nropertv has been so held bv the Village for
a.~ lea~t ~'Q~DO ('~1']non~~s V~ll~a~ m0'T C1~l'spn5A,.of
.(, ... f:-l .L..........~ ,...J,,! h ........L....l " ' ........-~"-'...b1V ..lHC\.) '1,,/ .....,
perishable property prior to the e iration of said
three (3) months if said three (3) months t would
result in a substantial reduction the value of said
property.
6.52 Method at Disposition.
Subd. C 1)
Notice
.. r~
OJ:: J
e.
All property held c custody of the
Village or any arty with it contracts for
such storage, s 1 De sold at lie auction or
s;:J] p. ~,T T.n,',..! T <:,-{=+-r->r- ",,,,'r" 'j)rnpcq-"~'7 111~'" 'beAn
__ _:_ ':',,; _..... l,...o "'......... ........ . a.::- \,...... ..... ~ ~.. ............:: \''''''' .......}" ..a._. _' '-'
held tor a~ LeaST three (j) months. Publlsned
notice of the 5 e shall be given at least once,
llot less than three (3) days before date of
DToDosed s _ Sa 'n~tic~e' ~h 1 state: The
1... i_ " --'
time and place of' '" c1 propos sale and the
property to be SOld.
Sub(i~ (2)
COJ.l'du.c t of
c~ '=1 -jo
10.,> u............ ~
Said sa~e be conducted bv the CIe
Trea~urer or by any 0 er authorized employee or
agent of the Village. The prDceeds of any such
s e shall be appli payment of the expenses
of the sale and all 0 r-c~sts occurred i~ re-
taining and storing such property. The balance
of the proceeds remaining from such sale shall be
paid into general fund of t}le Village. Any
property offered for sale but not sold and not
suitable for appropriation to the use of the
Village shall be d;emed of no value and shall be
disposed of in such manner as 11age Manager
directs.
022769
Subd~ (3) Terms of Salco
~rll e -V i 11 age s haIL n. (: t bel i a e l rl any
manner for the condition of any such property
which is sold~ and no warranty, exnress or
implied, is a~thorized in con~ecti~n with any
suc:~ sal.e lJ
Or r- "Z .
. :J~.
Former Owner
Receive P
t.
The true owner of such unclaimed, personal property,
held for sale or disDosal "by the 11 reclaim
his pro"''''Y-1-v -upon c:";:.tis+~(-t:-'-u "'-'1-'-' n .-'-"'""r-'l'T i-he-reof
-. "",t"'.......:.. ..../ _...- -...;(.... ....... ..J...Q...... .~.L.fy r v ..... (.)'h'l.l._.:..::"J. J..rl '- - .-
prior to the sale or other disposition hereunder. If
such unclaimed personal nropertv has been sold or other-
wise has been disposed of UT-ideT" provisions of Sections
6.51 and 6.52, the true owner, upon application to the
Clerk-Treasurer, wi in six (6) months of such sale or
disposition and upon satisfactory proof of owner ip,
shall be entitled to receive the actual sale price of
such property, except that there s 1 be deducted from
said sale price any expenses curred by the Village in
connection ~ith the reten~ion~ s~orage and sa~e ~f_suc~
property. lhe net proceeds at tne sale deposltea In the
general fund shall be subject only to the former ownerts
right to receive payments as rein nrovided.
022769
6.60 S TR 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.
"Applicant" is any person making '\vri tten application
to the Village Engineer for an excavation permit hereunder.
Subd. (2) Engineer.
"Engineer" 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.
"Permitteell 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 Village 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,
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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 propos~d
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.
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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.
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(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 for 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:
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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.
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;cof said
regulations shall be given to each permittee upon issuance of
the street excavation permit.
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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 permittee's 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 arid above
ground facilities.
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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.
Work 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 \'I7ithout due c.&use,
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.
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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 $100,000, 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 Inde~nification.
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.
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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 provisions 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.
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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 LIe ENS I N 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.
"Dog" shall mean both male and female.
Subd. (2) Owner.
"Owner" shall mean any person owning, keeping or
harboring a dog.
Subd. (3) At Large.
11At Largell shall mean off the premises of the owner,
and not under the control of the CloJner or member of his
immediate family either by a leash, cord, or chain or
otherwise.
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 sfualili 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 f:ollowing. 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 lINew 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 worn. 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
p'nQHrlefufuds.lshal;1 be made on any dog license fee because of
death of the dog or the owner'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 ;,Impounding.:
Subd. (1) 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.
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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 orclinance,.:
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 reelaim
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 $1.50;per day or any portion thereof for
\~ny\.~cl6g;:'heldt'atvthe 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.m8~3the Poundmaster may accept a deposit of
$10.00 in cash, in addition to the other charges provided
for herein, and the dog shall be releasedt.to the person
042567
claiming the dog as owner. The $10.00 deposit shall
be released to the owner by cash or check if a certificate
of vaccination is presented witnmn 30 days after
the $10.00 deposit is made. The Poundmaster shall
issue numbered, dated receipts for all payments,
including the $10.00 deposit. The Poundmaster shall
withhold delivery of the license for the dog until the
v.aCQ-inati:on::ceEtilficate,~is prElsented"to him. . Undla irned
licenses and unclaimed $10.00 deposits shall be turned
over to the Village within 30 days after the expiration
of the 30-day deposit period. 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. If
thec'dq;g shall not have been redeemed at such time it may be
disposed of ih,.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 educationa~'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.
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7.07 Confinement of Certain Dogs.
No d2g of fierce, dangerous or V1C10US 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 disposition 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 within 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 secu~~ on his premises unless
it is muzzled 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.
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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.Yownil1,g, possessing or
harboring it and shall immediately direct such persons~to
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 nc
notify the Village Health Officer of any evidence of sickness
or disease in dog during its period of confinement and shall
promptly deliver its carcass to the Village Health Officer
in case of its death during said per~od.
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 Villageo::Pound, Village Poundkeeper
or Poundmaster may hereafter be changed by resolution of the
Council.
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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 theCCletk-Treasurer from time to time,
or upon request of the Clerk-Treasurer of Village Manager.
7.14 Penaltyj
Any owner found violating any provision of this ordinance
shall be guilty of a misdemeanor.
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7.20 DOG KEN N E L SAN DCA T SHE L T E R S
7.21 Definitions.
ThedfoL19wing words and phrases when used in this
ordinance shall have the meanings as set out herein:
Subd. (1) Dog.
IfDqg" 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.
"Cat" shall be intended to mean both male and
female;
Subd. (4) Cat Shelter.
"Cat Shelter" shall be intended 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.
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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
,o.ateshed.teD w .'td>tbet:silitmated, is ~€1nednGBJ:.,-Genera:::b
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 promp~ly be vaccinated.
7.24 License Fees.
The license fee for a ~og 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 iu,
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.
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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 be 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&5fu4 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
operation 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. (1) 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 ordinanceq 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 prOV1Slons of Sections 7.28
or 7.29 of this Ordinance.
7.33 Penalty.
Violation of any of the provisions of this Ordinance
shall be a misdemeanor.
1021,66
7.40 A N I MAL S RUN N I.N 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
*
CHAPTER 8
BUSINESS AND A~ruSE~ffiNT 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
~
n
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
*
8.10 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 for 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 8.00 through 8.00. 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 cultia
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 lima
ited to, bread trucks, milk trucks and popcorn
trucks.
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*
Subd. (3) Packaged Goods.
$5.00 for each establishment for the sale
of so drinks~ 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.
Subc1. (1.;_) 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-
,.. -I ,.. 11' l' d . 1 f-' -h
ment or ~ne IO_OW~TIg regu~at~ons an a VLo_a~~on c ere-
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
. d .. h"" to;' . :1 d .
equLppe~ wLtn sue L rlx~ures, lDscrurnencs ana .eVlces
as are necess~ry to so maintain the same throughout
the licensed period.
010166
..l.
"
,., b.-:1 (2'
wu,-,. )
Persons Handling Food.
All pe~~on~ emr10ved in o~ oerm1rred ~o
-_._-- _t..J ....!::J 11....J_ J -..... l.. .....-- '-
''''1r.cl1 e foorl '-rO?'1(,l-C l-e.f-o"'e de11nery- '"'0 ~-h{::> pub~
i..Lc;....~..:- _ "\oN p_ .....1......._"....i:) U. ..:... ~ ....._v l.. __
~o , 11' ." 1 d' 0 - 'h" "
.L1.C sna..l.L Lc.eep t:hemse....ves an the1r' clot: 1ng 3-n
a neat, clean and sanitary condition at all times
while on the licensed premises and free of any in-
fectious or contagious disease.
8.14 Inspectio~.
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 within the Village bounda-
ries, and the license shall be promptly displayed to any
Village official or policeman upon demand.
010166
h. N D
G }, S
." T
\..J .1...;.
I 1\; 1:
8.20
o I IJ
8.21 License Required.
No person shall:
. ,
mall1"'Ca
or oil
oil or
ng, C.()}1d.UCtll1g
filliT1Q sta.tiorl
(.', ~,..
v ~
PS'" (,J:: on"""~"!'"l'''''g
~ -: v.L F c; ~ (;t \.- ll.,
plng any gasolIne
, or any vlholesa.le
in the Village; or
(1) Engage III the
bus
or bO
gaSO.llne S 'cor
P 1 c..n t
(2) K~ee?, lTiaillt
pump or other gasoline
Village; without first
for in accordance with
n ~: o?~rat~ ~.~as?~i~~
~ijerlS.irlg U0ifl\.-e ]_11 tu..e
obtaining a license there-
" ~.~.,~. p u"n ~.l.. , 1 8 O' 8
:::.e,-L..LOliS ':;'. U l.llro\Jgil. '. .
8.22 Inspection '.
Befor-e the license is granted, and any 0 er time
during: the ter-m of the cense, insrlection of the prem-
ises iay be made to determine t ~ e PI' ses ana the
eauioment for disnensinQ the n.tJToducts ~o be sold are
I. ;.., J.. '-'
adeau"'~p "'''0'' s"ifp. .cO'" i-}-;o:> ~(yn;i",-t ..-.f'
L .......,.L.v ~_J.a.__ .L .l ~..",.,,"-\.,...o 1....,....J.._u.u.......__ u......
LjUSlneSs ~
8 '/'"
.':"J
Fees.
aIlflUcil
.Ll,cenSe
,..
1:ee
-!- r', -,~'..
..l...u1.. -...;
licen.ses.
s11al1 be
as follo"ltJs:
010166
Su'bd E C 1) Gaso1
aT.1011,
-----------
. 1
OL~
$25 for each license for gasoline and/or
sta.tIon.
122667
Subd. (21
, ,
Gasolil1e PU1T1P 5
at Gasoline Station~
$5 additional for e
r fuel
.gasoline, ~iesel.
In excess at one at
propane 01' 0
, .
eaC11 statIon"
010166
*
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 an additional
pump.
Jubd. (L:.) G2soline 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
e~gine or motor of such vehicle is running.
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~
~
8.40 TAXICABS AND TAXICAB DRIVERS.
8.41 Definitions.
The following words and phrases when used in Sec-
tion 8.40 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.
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'k
Subd. (6) Waiting Time.
\IJaiting time means the time \^7hen a taxicab
lS not motion from the time of acceptance of
a passenger or passengers to the time of dis-
charge~ but does not include any time that the
, 0 1-,' . 0 , , .,... d '
caX1.ca..J lS noc l.TI mot::lon 1.:[ ue co any cause
other than the request~ act or fault of a
passenger or passengers.
" " (-7'
,-,uoa. f )
TE1L;:imet:er 0
Taximeter means a meter instrument or device
attached to a taxicab vJhich 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.l}2 Certificate of Public Convenience and Necessity.
Subd. (1) Certificate Required.
No person shall operate ~r permit a taxicab
m~ed 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
public convenience and necessity from the Council.
P . d ' . ~.", 1 l' d .
rov1...eG, t1Otvever, Ll1ac any t:aXlcao _1.cense co
operate in any other municipality of this state
may carry passeDgers from said municipality to any
- 0, "h' 'I. V'-~ , .
piace or pOl.m: H1.C l.D cne :Lilage ana may recelve
passe~gers for carriage to such municipality where
so licensed, but mvners 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 and shall furnish the following
information:
(a) The Dame and address of the applicant.
(b) The financial status of the applicants
including the amounts of all unpaid
judgments against the applicant and the
nature of the transaction or acts giving
, .... 0 dO' .
rlse LO sal Juagmencs.
(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.
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*
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. (4) 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 of the vehicle or vehicles under his opera-
tion and control.
ro "i' (I:)
;;;UDC! . \.J
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 $lOO~OOO.OO 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
~
ft
transportation and to conform to the provisions 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; otherwise, 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 days,
(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
~
n
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
owned 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 owners 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\VTI the
applicant for a period of five years and
who will vouch for the sobriety, honesty
and general good character of the
applicant.
010166
~
n
(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 licenseo
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 which 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) Chauffeuris 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 Councilo
010166
,,;'(
Subd. (6) Issuance of License and Term.
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 taxicab.
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 Village.
Prior to suspension or revocation, notice and
hearing shall be given in accordance with Section
8.06.
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*
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 and night; and, after
sundown, 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 or 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 Iare displayed in such a place as to be in
view of all passengers. Rates charged may not
exceed taxicab rates which are unlawIul in the City
oI Minneapolis.
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*
8.46 Taxicab Stands.
r. 'd(l)
uUD. -'-
Open Stands.
(a) Establist~ent:
The Council may establish open stands
in such place or places upon the streets
of the Village as it oeems necessary
for the use of taxicabs operated in
the Village.
(b) Use:
Open stands shall be used by the differ-
ent drivers on a first corne 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~qners of said space, consenting
010166
7(
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. \:Jhen 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-
-\- .. e 0 '-h 1 ' . ,..
pose o~ ass~sLLng Ln ~le oaolng or passen-
gers from cabs~ for receiving calls and
dispatching cabs~ and for soliciting passen-
gers at such stand. The words nat 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 lTI 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.
8.48 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 oWTier, 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 TRANSCIElf.t' VENDORS
'1.....
8.51 Nuisance.
The practice of going in and ~pon 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 owners,
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
8 6 0 ,..-. I ,~ )4... T) .t. T :"f' k L i C N ' . b ,--.
. l~ \.J l'\. l.-< \.., .:) '-}
.--
8 .hl L~ -''''''<;:8 Dc~n~ ",,,,-;J
v . ..l.\.,.:..t,..J,,,,,,...... .1\.v4v.J....i...'-'...J..,..
No person shall directly, by COlD roach , or
otherwise, for retail sale, sell at retail, or
othe~wise dispose of, any cigaret~es, cigarette wrapper,
tobacco, or tobacco products at any place ill the Village
unless he shall have obt ned a J.lcense t11erefor as
provided in Sections 8~OO 8~08~
8.62 Restrictions.
Subd. (1) Minors.
No person shall sell, glve
furnish any cigarette, cigarette
or tobacco product to person
eigl1teeIl ars.
~ or otl1erV1ise
pa.pe1C, tObacco,
under the
ctge
c-
U.L
Subd~ (2) ]\JaTcoT~ic
pose ot
COl1 tail:
dOllna., s t
clelete:r us 01'
shall sale, sell, or dis-
tte:> T tob cu:c.o IJrocluc t
morphlne, ~ on weed, bello.
cocaln~ mariiuana4 or any other
.. ,.l .. ~ ~,
pOlsonous exc t nlcotlne~
1'Jo peTsol1
(\)'rlj./'(..~
U J.v .LQQ
8.63
License
t--;::::.. Co
J. '-r."-' ..
The
$12.00.
- (""
al1111.1a.l Ie e
""'/"> .s Ucll ,: l
rette
license shall be
102467
8.64
Dis
c-
r,......
U.1..
LiceTlse "
place
E\l8 ry"
of bus
such license shall be openly
55 in ich it is issued~
displayecl
J.n
the
010166
..Lo
"
8.70
B."OWLING
ALLEYS
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 bowlo
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 ~pplication.
In addition to the information required by Sec-
tion 8.02, the bOt'l7ling 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 Fee.
-
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 ~ediately 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 those
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
.'.
"
8.80 PINBALL MACHINES
8.81 Definition.
The term "pinball 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 nQ~bers 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
";~
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 Ninors 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 v;lith the
provisions of Section 8.06, upon conviction for the vio-
lation of any law of the State relating to gambling involv-
ing a~y such machine, the license to operate the same shall
be forthwith revoked without hearing.
010166
*
8.90 ROLLER SKATING RINKS
8.91 Definitions.
As used in this ordinance the following terms shall
be defined as follows:
Subd. (1) Roller Skating Rink.
\tRoller 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.
V10perate" 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 ot-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) Inflarrmable 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
.r.
"
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 curfew 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 oVclock p. m. and 1:00 oVc10ck p. m. next day follow-
ing, except that on Saturdays the rink shall be open from
9:00 oVclock 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~lOO SUN DAY
CLOS_l'Iu
.tz e.p i2 t.::u~
0422 6
8 1 ~r .~ E f,J n. c 1V1 A S
. L - L , v 1
8.111 Definitions.
8..111
follolving \~'or
thro 80118 have
and p.tll'as es
tl1e me al1ings as
en used in Sections
set out IteT'ein:
'Subd. (1) Christmas Treeu
wh.L
for
nCl1ris':cmas treeH Ineans
has been cut down and
:),-l'V Y;~1-ilTnl t't...,~c.
:-_,: ...J.....:.................Ct_ ..........v'""
lntendea to be used
c.OI'ati\Te or COiTlTnemorati-\1e pll oses..
Subde (2) Christmas T!.ee Sales Lot~
neb.I'is tilias tTee sales lot H meC:i.ns a )r8r
lot,
~~cl~~~~'bcor~r~~ ~;o~n~hr~~e~~c~~;d~~~So~Tmorean
acts of selling or offering for s e any Christmas
tree, for a business or cOllifiercial purpose: ther
or no~ procee om s act or acts are to
be used for chari
8~112 License Required~
manner nere ter
in the business of selling
obtaining a license there-
set forth.
No
Christmas
for the
rson shall engage
trees thout firs~
Q '1 i "'7
Ou.L.L.)
ication
..., Llc:el1S e "
i\pplication.
Village in writ 2~
l.lcerlse all
De
to
e
~ ~ . ~
.llCaT.l.On
shall
state
tIle
narrre clT1.d aclo..l"'"ess ot the lican"t, t name al1d a<idI'esses
of all 0 ices a corporate~~ icant, the, Tes~es
or locations at tne app~lcant proposes to conQuct
the business of Christmas tree sales. The Drovisions of
Sections 8.06, 8.07 and 8..08 shall be appli~able to all
licenses required by Section 8.112.
8.114 ~pproval and Issuance of License.
Subd. (1)
Sta~laTds for Issuance by Village
'; ~
~'1anager ~
The Village Manager
a license hereunder when
shall approve
~ . ,
"I nas :
,
an.a. Issue
111467
(1) That the location of the proposed
Christmas tree sales lot or lots is
in an area zoned as a business or
industrial district. If he finds
that the area is zoned a residential
district, he shall refer the application
to the Village Council for approval.
(2) That the applicant, its agents or officers
are capable of operating the business in
a manner consistent with public health,
safety and good morals.
(3) That the use will not cause a traffic
hazard or congestion.
(4) That non-residential traffic is channeled
onto thoroughfares and not onto minor
residential streets.
Subd. (2) Issuance by the Village Council.
The Village Council shall approve the issuance
of a license hereunder when it finds:
(I) The findings provided in Subdivision (1),
Clauses 2, 3 and 4 of this section.
(2) That the adjacent residential area will
not be adversely affected because of
traffic generation, noise, glare or
. other nuisance characteristics.
8.115 Period of License.
ful.y license issued hereunder s'hall be effected as
of the date of its issuance and shall expire at 12 o'clock
p.m. (midnight) on the January 1st next succeeding the
date of issuance, provided that no license shall be issued
for a period of more than 90 days.
8.116 S~veral Lots.
A license issued hereunder shall permit the
licensee to engage in the business of Christmas tree
sales at each l6t or location set forth in the application.
The license shall list each lot or location of the licensee
for which it is used.
111467
8. .117 Fee , Waiver and Refund.
Subd. (1) Fee.
The fee to be paid for any license issued here-
under shall be $25.
Subd. (2) Waiver and Re"fund.
The Council may refund a portion of the license"
fee not to exceed $20, when the licensee has removed
the Christmas trees ana litter from the lot on or
before the expiration of the period of the license.
In determining the amount of refund the Council shall
consider the" type "of removal and clean-up and the
number of inspections required. The council may
waive or refund the license fee for non-profit,
chari table enterprises.
8.118 General Operating Requirements.
The following general operating requirements shall
apply to all Christmas tree sales lot licensed in accordance
with the provisions of Sections 8.112 through 8.118:
(1)
(2)
(3)
(4)
The Christmas tree sales lots, together "-lith
the things kept thereon, shall at all times
be maintained in a sanitary condition.
No space not covered by the license shall be
used in the licenseels business.
.No Christmas trees , trimmings, branches or
litter shall be allowed .t.o rest upon or pro-
trude over any public street, sidewalk or
curb or become scattered or blown off the
business premises.
No Chris~mas tree sales lot shall be allowed
to become a nuisance; nor shall it be operated
in such a manner as to become injurious to
the health, safety or welfare of the com-
munity or of any residence close by.
111467
8.120
S ELF - S E R V ICE
C LEA N I N G A N D
DRY
L A UN D E R I N G
8.121 Definitions.
The following words and uhrases when used in Sections
8.12.0. through 8.129 have the meani!lgsas setout herein:
Subd. (1) Self-service Dry Glean.ing or Dry
Cleaning. -
IlSelf-service dry cleaninglt or "dry cleaning"
shall mean the cleaning of textiles, fabrics, gar-
ments, 01' other articles as a business or commercial
enterprise or in connection with a business or
commercial enterprise by the use of any solvent
other than water, which is not flammable at ordinary
operating temperatures, in a dry cleaning unit
designed primarily to accommodate individual or
family-sized cleaning loads and of, or similar to,
the type designed for self-service use by the in-
sertion of coins, whether the unit is operated by
the public on a self-service basis or by an attendant
or is operated by the insertion of coins or other-
wise.
Subd. (2) Self-service Laundering or Laundering.
"Self - seTvice laundering" or "lallil.deringtl
shall mean the washing of t~xtiles, fabrics~ gar-
ments, or other articles, as a business or commercial
enterprise or in connection with a business or
commer~ial enterprise by the use of water in a
washing machine designed primarily to accommodate
individual or family-sized cleaning loads and of,
or similar to, the type designed for self-service
use by the insertion of coins whether the unit is
operated by the public on a self-service basis or
by an attendant or is operated by the insertion of
coins or otherwise.
Subd. (3) Dry Gleaning Machine or Dry Cleaning
Equlpment.
l1Dry cleaning machine" or 1t~ry cleaning equip-
men~'shall mean a machine or equ~pment in which or
with which self-service (.,. cleaning, as above
defined, is done.
012368
Subd. (4) Wash~ng IvI~chine or Laundering ECLuipment.
"Washing machine!! or 11laundering equipmentll
shall mean a machine or equipment in which or
with which self-service laundering, as above de-
fined, is done. .
8.122 L'iceIise Required.
No person shall manage~ conduct, operate or carryon
the business of a self-service 01' coin-operated dry.-
cleaning establishment without first having made an ap-
plication and obtained a license therefor" from the Council.
8.123 Applicat"ion.
The provisions and procedures set forth in Sections
8.00 through 8.08 shall be applicable to all licenses
required in Section 8.122.
8.124 Lice:nse Fee.
Thean....1.ual fee for each license shall be $50 per
each calendar year and shall expire on the 31st day of
December fol10\'ling date of issue.
. 8 .1ZSGene"ral Uperating Req1iir:ements -".
Sub d . ( l)
"Dry -.cleaning and Launderin~C'.
_~_x,___
The following general operating requirements
shall apply to all bu.sinesses licensed in accordance
with Sections 8.120 to 8.129.
(a) The license issued pursuant to Section
8~122 shall be plainly displayed on the business
premises;
(b) Step-by-step operating instructions shall
be posted conspicuously near each dry cleaning or
washing machine; .
, ~.
(c) Any self-service dry cleaning or laundering
equipment connected to a "later supply" also supplying
"later for human consumption or general use shall be
equipped with an effective backflow preventer or
vacuum breaker.
012368
Cd) In addition to any other fire extinguishing
equipment required by law. there must be kept on the
premises at all times in a conspicuous and easily
accessible place, one or more portable fire extin-
guishers adequate to extinguish any oil, electrical,
. or other fires that might occur in connection
with any machinery on the premises. Such ex-
tinguishers shall be of a number and type prescribed
or approved by the Fire Marshal.
(e) Each outside entrance or exit to th~
business premises shall be kept viell lighted at
all times when the business is open at night.
(f) A llNo Loiteringlt sign shall be prominently
displayed.
Subd. (2) Dry-Gleaning.
The following general onerating requirements
shall apply to those businesses licensed in ac-
cordance with Sections 1.120 to 1.129. 1,l[hich are
engaged in self-service dry cleaning either ex-
clusively or in conjunction with self-service
laundering:
(a) If a malfunction or mis-use interferes
with the normal cycle of the machine, and vapor-
laden garments are removed, they shall be re-run
through the drying cycles of an alternate machine
or placed in an ex~aust ventilated drying cabinet
prior to being released to the customer.
(b) The machine or machines shall be checked
daily and maintain6d in a state of good repair
fr,ee 'of ;301 ven t leaks. .
(c) Closed metal containers shall be provided
for the temporary storage of sludge and lint removed
from sludge tanks, filters1 and lint strainers.
Such containers shall be kept outs~de of the building
or in a ventilated room inaccessible to customers
and persons not familiar '\.I[ith the hazards of the
solvent.
Cd) Only the solvent specified by the equipment
man~facturer shall be used in coin-operated equipment.
012368
(e) The solvent shall be stored in closed con-
tainers in a ventilated room not accessible to the
customers~ and in accordance with the requirements of
the Fire Department.
(f) The attendant and maintenance personnel
shall be provided with approved protective respira-
tory equipment, and gloves impervious to the solvent
being used.
8.126 Exceptions.
Sections 1.120 to 1.129 shall not apply to a self-
service dry cleaning or laundering establishment in a
residential buildirig offered for use only to residents
of such buildings.
8.127 Lnflammable Solvents Prohibited.
No person shall engage in any business similar to
or resembling self-service dry cleaning or laundering as
defined herein, which involves the use of any solvent which
is flammable at ordinary operating temperatures.
8.128 'Ruildingand Ventilation Requirements.
Subd. (1) Building Requir.ements.
Buildings housing self-service dry cleaning
equipment shall meet the following requirements:
(a) Self-ser~ice dry cleaning equipment shall
not be installed in buildings occupied in part as a
dw'elling.
{bJ Sanitary facilities.shall be provided for
according to the Building Code, including a minimum
of one toilet and one lavatory for each sex.
(c) Buildings housing such dry cleaning equip-
ment shall be constructed vlith concrete floor or
equal impervious to the cleaning solvents.
Cd) Complete plans of buildi.ng, plumbing, elec-
trical, hea.ting and ventilation plans must be approved
by the Building Department.
012368
Subd. (2) Ventilation Requirements.
Dry cleaning machines shall be ventilated in
the following manner:
(a) The machines, customer area and the room
housing the machines shall be ventilated ''lith a
mechanical ventilation system.
(b) The ventilation system shall be in con-
tinuous operation at all times.when the machines
are available for customer use. 1m interlock .shall
be provided to make the machines inoperative ~n
event of failure of ventilation system.
(c) The customer area shall have an air
minimum volume of 500 C.P.M. per machine withdrawn
through louvres located near front base of machines
to prevent a build-up of perceptib Ie solvent vapor.
Cd) Each machine shall have an exhaust system
with a minimum face velocity of 100 F.P.M. through
the open loading door. The duct system shall have
soldered tight joints extended to a minimum height
of 5 feet above roof line. .
(e) A general ventilation fan shall be in-
stalled in the equipment Qr maintenance room with
a minimum capacity of 1,000 C. P.M. per machine.
(f) A supply of tempered make-up air equal
to or greater than the total volume of air exhausted
from the plant shall be provided in order to eliminate
any negative pressure conditions which may other-
wise develop.
(g) The air discharge from the ventilation
system shall extend to the outside a minimum of
five feet above the room ceiling and so located
as to prevent ~ffluent air fro~ gaining access
to adjacent buildings~ heating equipment, air
conditioning units or other ventilating systems.
(h) There shall be no direct inter-connection
between ;,;jas te 1-later 'dis chal'ge lines and the sani-
tary sewer. Such COll..l1ection shall be vented with
a gap equal to 11 times the diameter of the dis-
cha:rge line.
012368
(i) Filter pressure relief or safety valves
shall be vented to the outside and above the roof
line.
8.129 Enforcement.
It is hereby made the duty of the Fire Marshal,
Building Inspector and Chief of Police to enforce, or
aid in the enforcement of all provisions hereof, and
for this purpose any of the above persons, or their
duly-authorized representatives, shall have the right
and are hereby empowered to enter uTIon any nremises ~n
which any business subject to the Pl'ovisions of this
ordinance is located, or about to be located, and inspect
the same at any reasonable time. All businesses licensed
shall be inspected at least once a year to determine
whether such businesses are being operated in a lawful
manner and in accordance with Sections 8.120 to 8.129 and
other applicable regulations of the Village.
012368
8.130
r, A D
\..... J:~. t~,,_
1*:J lA. S I-I
_.._---.""_.--...,~--.__.-
8.131 Definition.
~~en used in Sect 8.130 to
"car w'ash es lishmentll sh.all :mean
m a--llv -Fo'" 4"nO n~:osh'; """ ().r
. L'_'.. __... l,,~v .l~i,.b.1;._~,-lJ..c ~""~...
include garages and fill
of autollob es is only
premises used for short
time.
8 ,,135~, th.e terTII
ses used pri-
It all not
e 'V'lCl.sh ing
business, nor
periods of
8.132 CaT Wash.
No person shall
maintain with the ViII
the oueration of a car
fined~without rs~
obtained a license
, use, operate or
premises for
,IS ind.e-
and
8 0 133 S."ta..n'aa'-r'ctsl>
..-.----..
Asa c
or such a license
and
owning or (lpera
th .~ ~ ~ .
_ e !Ollovnng
-..n;
1.. J'
pe1:S0ns
ly \",i th
.~~
\..
1
....
Sube!.. (1)
"
~.
of the
:removal
a.ined in
l1a.ge~ and
+(1 .~.;j..';""ent
1"""-,, .~\...:.".! (1.-1.,.,.. ~l
n -N'H' e " T i 0-
!;;:" J. .""".J!' .c4'''o'...... .... ==
Subd.
f.i
lOI~ .;c~
ti 5 _ be so placed and
.... " .
a nUlS 8~Ilc.e ~! a.d.J 8...cen'l: prop-
operatea as not to be
ert~Les ~
Subd. (3)
r. ,_
;J l:e anI
P\ "'j......
'V 1.
If in the operat
steam OJ:' '<'later vapOT o:r
within 2 feet of
car wash establis
ca,!, vtash est,.'ablishment,~
y-p-i .~.r:; "V ',1-,1'01" .; <.:; em l' t""ed"
. v_._V~:J"'''I.H:-:v:.l.- 1 t,.
ld 7 the bU~ldlng of a
1 no opening that
1Te j O. r -i -i'V "j""+ P Y' . "fa. i"e-r
>:;' ...;.. ,\-oil-. Vi \~a.,-,,_....;_ 'ii;l: ''-'< ....
e opera~~on of the
to the act] acent
Vi (YD.
012368
8.134 Application.
Th .., 1 .? .c .4. ~. Q ..
~e p!ovisions ~~~proceuures sec LOTLal In JeC~lons
8.00 througn 8.08 shall De applicable to all licenses re-
quired in Section 8.132.
8.135 License Fee.
The license of any licensee may be revoked fo~_
failure to comply with the ove standards. The annual
license fee shall be $50 and a license shall expire on
the 31st day of December,
012368
8.140
RUB 13 ISH
HA"u.r:-rt{ S
AND
GARBAGE
-----'-
8.141 Definitions.
The following words when used In Sections 8.141
to 8.145 have the meanings as set out herein:
Subd. (1) Garb age.
llGarbageii is putrescible animal and vegetable
1>laste resulting from the handling, preparation,
cooking and consumption of food.
Subd. (2) Rubbish.
llRubbishll is nonputl'escib1e solid \'laste con-
sisting of both combustible and noncombustible
waste such as papers, \<lrappings, tin cans, gla.ss,
ashes, sweepings and similar waste materials.
8.142 License Requirements.
No person, firm or cOTporation shall, for hire,
collect garbage or rubb ish 1.11 thout fi 1'5 t ha.ving
made an' application and obtained a license therefor
from the Council.
8.143 Application.
The provisions and procedures set forth in Sections
8.00th:rough 8.08 shall be applicable to all licenses re-
quired in' Section 8.142, Before a license may be issued,
the appli~ant shall, if his application is approved by the
Council, deposit ','Ii th the Clerk-T:reasurer a good and suf ~
ficient policy of insurance, whereby each v~hicle to be
used by said applicant shall be covered against loss or
injury in the following amounts: Each person injured, at
least $50,000; each a~cident, at least $lOO,OOOfo:r per-
sonal injury, at least $5,000 for loss or damage to prop-
erty. Such. insurance policy shall pTovide f01' the giving
O'f ten d~V'sl "'T~^'''' -n.otir'" :'.0 ""'e "'ri-!l~vp o.c tne ""er. ml'n^t'l'on
1. 0-; J! _. .L v... 1.:. _ _'-- t,. l...tl. , _ -- - a.<:> ~ J.. _.i L. . ._<:1. - 1
and cancellation of said Dolicy, If such insurance is
approved by the Manager, the Clerk-.Treasurer shall issue
and deliver the license.
012368
8.144 License Fee.
The annual fee for eacn l~cense shall be $25
per licensee. The license fee shall be the same ir-
respective of the number of vehicles used by the licensee
for garbage or rubbish collection. The license shall
expire the 31st day of December following the date of
issuance. .
8.145 Truck.
Each licensed garbage or rubbish collector
shall provide a covered t&ik or wagon, so constructed
that the contents will not leak oT spill therefrom, in
which all garbage or rubbish collected by him shall be
conveyed to the place designated in the application.
The wagon or conveyance used shall be kept clean and
free from offensive odors, and shall not be allowed to
stand in any street, alley OT public place longer than
is reasonably necessary to collect garbage or rubbish.
012368
CH1\.PTER 9
G ENE R A L S A F E T Y AND W ELF ARE
*
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 Clerko
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) Wherever the word "municipality" is used
in the Fire Prevention Code, it shall be
held to mean the Village of New Hope.
(b) l.]herever the term 1'corporate 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'll).
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 districts", "multiple-family residence
districtsfi , Hretail business districts", "'limited
bus iness dis tricts II and '1 general business dis trictsr: .
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
districtsli, "retail business districts",
1!limited business districts" and iigeneral
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 i1single-family
residence districtsli, "multiple-family
residence districts", ilretail business
districts", "limited business districts"
and "general business districts1i.
Subd. (3) Bulk Storage of Liquified Petroleum Gases.
The Itmits referred to in Section 2l.6a of the
Fire Prevention Code, in which bulk storage of
liquified petroleum gas is restricted, are hereby
established as follows: All areas zoned "single-
family residence districts", "multiple-family resi-
dence districts , l1retail business districtst',
lilimited business districts' and ilgeneral business
districts".
9.04 Amendments to Fire Prevention Code.
The Fire Prevention Code is amended and changed in
the following respects:
010166
*
Subd. (1) Authority to Enter Premises.
Section 1.3 is amended to read as follows:
ill.3 Authority to' Enter Premises. The Fire Chief,
Chief of the Bureau of Fire Prevention or any in-
spector tbereof 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. 7.11
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 known 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: Hl.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. (~.) 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 Smoking 1 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 \vhere 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.H
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
I1Christmas 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 prov1s10ns 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."
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
01clock 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."
Article 1 iz amended by adding thereto and
inserting therein the follm'7ing to be kr;m~n ~s Section
1.15:
"1.15 Burning of Unwanted Structures; Permit
and Fee. Any persoD 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 $IOO. 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. ~~
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
*
~"23 .l5 Gale Prohibited. The sale of gaso-
line in glass or plastic containers is prohibited.
fi28.16 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.1f
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:
::128.17 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
*
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.
9.06 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 therelmder, or \.<7ho 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 1,.;hen not
otherwise specified, each 10 days that pro-
hibit conditions are maintained shall con-
stitutea separate offense.
(bY The application of the above penalty shall not
be held to prevent the enforced removal of
prohibited conditions.
010166
9 .07 Fire-Lanes.
Subd. (1) OrdersEs tablishin:gFir-e Lanes <
The Fire Marshal in charge of the Bureau of
Fire Prevention is hereby authorized to order the
establishment of fire lanes on public or private
property as may be necessary in order that the
travel of -fire equipment may not be interfered
with, and that access to fire hydrants or
buildings may not be blocked off. When a fire
lane has been ordered to be established, it shall
be marked by a sign bearing the wordsllNo Parking
Fire Lane" or a -similar message. When the fire-
lane is on public property or a public right-of-way,
the sign or signs shall be erected by the Village,
and when on private property, they shall be erected
by the owner at his ,O'i-in expense within 30 days
after he has been notified of the order. Thereafter,
no ,person. shall leave a vehicle unattended or other-
wise occupy or obstruct the fire lane.
Subd. (2) Violation.
Any perso~ violating any provision of this
Section 9.07 or any order made pursuant thereto,
shall be guilty of a.misdemeanor. Each day's
violation after notice thereof shall constitute
a separate offense.
051368
*
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:
(10 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.
Ol0166
"'~
...
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 use, 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) npublic GroundVY - Public street,
avenue, alley, park, playground or other public
ground, public place and public building, places
of amusement and entertainment, vacant lots or
unsu.pervised places, in the village.
Subd. (2) "Parent or Guardi,:"nn - Parent,
guardian or other person having the care and custody
of the minor.
Subd. (3) "Timet; - 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 between 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 o"clock p.m. or before 5 o'clock 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 sh:.ll 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
o'clock 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
OlOl66
is found upon any public ground after 12 o'clock midnight
or before 5 o'clock a.ID. of the following day, shall be
..:1 ,..,.... '-' . 0 f. dO ,',- .] 0 .
eVJ~C'ence SU:CI~c~ern_ -co sus'Ca~n a _1.n l.ng cna'C sa~a m1.nor ~s
there unlawfully and that no reasonable excuse exists
therefor.
9.3t;. 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.
9.35 Places of f~1usement.
It shall be unlawful for any person operating or in
charge of any place of amusement, entertainment, or re-
freshment, 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 owner or person in charge or
in control of any place of amusement, entertainment~ re-
freshment or oth~r place of business shall find a person
under 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
limnediately notify the police and inform them of the vio-
lation.
JlOl66
.....
^
9.40 DAN G E R 0 U S B U I L DIN G S
9.41 Definition.
"Dangerous Builc1ingsl1 are all buildings and
structures which have any or all of the following defects:
Subd. (l) 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 ~ 't,lind ~ or other damage to such an extent as to
have become dangerous to life, safety, morals, 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 health, 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-
Ol0166
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) Pttached 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 !iDangerous Buildingsl1 are hereby declared to be
public nuisances~ 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.
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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 C8.ses where a lldangerous buildingii
is a fire hazard existing or erected in violation of the
terms of this or any ordinance of the Village or statute of
the State, it shall be demolished.
9.44 Prooedure.
The Building Inspector shall:
Subd. (l) Inspection.
Inspect upon complaint of any person, or upon his ~Jn
volition, any building or structure for the purpose of
determining whether any conditions exist which render such
places as a Dangerous Building within the terms of Section
9.41.
Subd. (2) Notice.
,."No't,i'f}i in wr~t:~ng the owner, occupant, lessee,
mortgagee, agent and all other persons having an interest
in said building as shm~n by the records of the Hennepin
County Register of Deeds, of any building found by him to
be a Dangerous Buildipg. Said Notice shall provide:
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(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 condi-
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 recipientis right
to seek modification or withdrawal of the
notice by petition to the Council within
20 days in accordance with Section 9.45.
Subdo (3) Report.
Report to the COQDcil any noncompliance with the
notice provided for in Subdivision (2).
9.45 Printed Placard.
Subd 0 (1) Content and Placement.
The Building Inspector shall place a notice or placard
on all Dangerous Buildings which bears substantially the
following words:
;iCONDEIYINED
This building has been found to be a Dangerous
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 9.46, (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
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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 'VJritten 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 Clerk-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.
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(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 witho
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 ather person
having an interest in said building or
structure sbAll comply with all provisions
of such order within a reasonable period
of time, as determined by the Council.
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9.50 DAN G E R 0 USE X C A V A T ION S
9.51 Definition.
The term ilDangerous Excavation" 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 existence of a Dangerous Excavation,
within the Village~ is declared to be a public nuisance.
9.53 Abatement Order.
Subd. (l) When Order Given.
When 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
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held before the Council at a time and place fixed by the
COQ~cil. 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) ~llien 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. Any 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.
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.:I.
n
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 g~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
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*
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.
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'"
9.80 D UTe H
ELM D I SEA S E
9.81 PurQose.
9.82
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.
Forester
Subd. (1) Position of Forester Created.
The position of Forester is hereby created
vJithin the Perk ane: ;:-tecrection Departilient 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
Coromissioner of Agriculture and the Council in the
conduct of this program.
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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 ~
(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 effeco
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.
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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 diagnosis as may be recommended by
the Commissioner. Except as provided in Section
9.86 no action to remove infested trees or wood
shall be taken until positive diagnosis of the
disease has been made.
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, burn~d) or otherwise effectively treated
so as to destroy and prevent as fully as possible the
spread of Dutch Elm disease fungus and elm bark beetles.
Such abatement procedures shall be carried out in accord-
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. (l) Forester Action.
Whenever the Forester finds with reasonable
certainty that 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
infestation of other elm trees is not imminent
because 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).
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(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 owners 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,
ll0866
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 (I) (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 Transportating 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.
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9.100 PUBLIC NUISANCES, U~~HOLESOM~ 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 o~ thts ordinaQce.
Subd. (2) Garbage.
HGarbage" is putrescible animal and vegetable
wastes resulting ,from the handling, preparation,
cooking and consumption of food.
Subd. (3) Litter.
"Litterll is "garbage,!! "refuse," and lirubbish"
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.
IVPark" 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.
VlPrivate PremisesH is any d~4j'elling, 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.
"Public Place" 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.
liRefuse" is all putrescible and nonputrescible
solid wastes (except body wastes), dead animals~
abandoned automobiles, and solid market and indus-
trial wastes.
Subd. (8) Rubbish.
iiRubbishll 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.
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9.102 Authorized Private Recep~ac~es.
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 containers 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
capac ity 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.
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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.l0S 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 Merchantsi 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.ll2 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.ll3 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.
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9.114 Unhealthy or Offensive Substances.
No person shall permit, deposit, or maintainnon.any
real property under 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.ll6
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.l17 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.
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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 Clearing of Litter and Unhealthy Offensive
Substances from Private Property by Village.
Subd. (1) Notice to Remove.
The Euilding Inspector is hereby authorized
and empowered to notify the owner of any private
property within the Village or the agent of such
o-vmer ,to properly dispose of litter and un-
healthy or offensive substances located on such
ovmer'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, the Building Inspector is hereby
authorized and empowered to pay for the disposine
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 mvner 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 and~ertify such charges to the
County Auditor for collection for the follo\ving year along
with current taxes in the manner provided by Minnesota
Statutes 1961, Section 429.061, 429.081, 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
L I QUO RAN D BEE R
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lO.OO 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. (I) Intoxicating Liquor and Liquor
""Intoxicating liquor and liquorii:
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
"Beet''' : any malt beverage with an al-
coholic content of more than one half of one per
cent by volume and not more than 3.2 per cent by
weight.
Subd. (3) On Sale
liOn 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.
OlOl66
*
Subd. (5) Sell.
f'SellU: 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 specifieso 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 Councilis 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.
IO.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.
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*
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 3 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 Yearis
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.
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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.
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~
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.
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*
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.
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10.10
B E E$. L I .-C..E_~N S E S.
".... .:.......~ .. .
10.11 Definitions.
Subd. (1) nBeer!i or "Non"intoxicating Malt
Liq uori I .
iiBeer" or "non-intoxicating malt
liquorU 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'-~.
UIntoxicating liquorn means any dis-
tilled, fermented or vinous beverage containing
more than three and two-tenths per cent of
alcohol by weight.
Subd. (3) "Original Package~!
1tJOriginal -package" means the bottle
or sealed container in which the liquor is placed
by the manufacturer.
Subd. (4.) ~~Bona fide Club".
~WBona fide club" 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) i1Restaurant".
"Restaurant" means a place of which
a major business is preparing and serving lunches
or meals to the public to be consumed on the
premises.
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.f.
n
Subd. (6) "Beer StoreH.
"Beer StoreGt means an establishment
for the sale of beer~ cigars, cigarettes~ all
forms of tobacco, bever~ges and soft drinks at
retail.
10.12 License Required.
No person, except wholesalers and manufacturers to
the extent authorized by 1a\,v, shall deal in or dispose
of by gift~ sale or otherwise, 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: nOn SaleH and "Off Sale".
Subd. (l) On Sale.
UOn Sale" license shall permit the
sale of beer for consQmption on the premises only.
nOn 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.
saOff 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 HOff
Sale" license shall be $15.00.
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*
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.
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IO.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 "off saleli, 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 cashier's 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 license~ 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
aPRlication. After such investigation and after
a hearing as set forth hereinafter, the Council
shall grant or refuse the application in its
discretion.
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Subd. (2) Hearing.
Opportunity shall be given to any
person to be heard for or against the granc1ng
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:
(I) 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;
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". ,: .
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(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. (I) 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.
lO.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.
010 166
*
Subd. (l) 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) Employment 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 sale'" 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 conslli~ed or displayed contrary to this
ordinance.
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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) :.9n SaleH9 Separate Rooms.
An !Ion 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.
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Subd. (11) ~ight 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.fi. and 8:00 a.m.; on any Sunday be-
tv7een 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.
lO.22 Partitions and Obstructions.
All windows 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.
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Subd. (2),~ Inducing Ninor 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 minor.
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 Intoxicating
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 prOV1S10n 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
Ol0166
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"
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.
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lO.3D lvI I
L I quo R S
X I N G
AND
I 1.\1 T 0
OTHER
X I CAT I 1.\1 G
BEVERAG
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 "intoxicating 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 intoxia
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.
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C HAP T E R II
T R A F FIe
11.00 T R A F FIe REG U L A T ION S
~ - .
11,01 H~ghway T~affic Regulation Act IncorQorated
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-
_~ 1& fte.i:-eby ado~ted by reference and shall have the
same force and effect as though set out at length
huein.
062767
*
ll.lO DRIVERS LICENSES AND V~TOR VEHICLE
REGULATIONS.
ll.ll Drivers License Requirements -- Incorporated
by Reference.
No person~ 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 Minnesota Statutes,
1957 as amended by Laws 1961 and Laws
1963 (pertaining to instruction permits.)
(2) Section l7l.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).
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*
(7) Section 171.24 of ~linnesota Statutes~
1957~ (Driving after suspension or
revocation - misdemeanors and certain
penalties provided).
(8) Section 171.30 of Yunnesota Statutes~
1957~ as amended by Laws 1959 (Regula-
ting driving with limited license.)
1l.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 Minnesota 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
chauffeuris license prohibited; posses-
sion of licenses required).
Ol0166
*
11.20 PARKING REGULATIONS,
ll.21 Highway Traffic Regulation Act.
The parking restrictions of this ordinance are
in addition to the provisions of Section 11.Ol 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 v7ithin 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.
ll.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.
. .
...;.:..
OlOl66
*
(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.
ll.25 Sn~J Removal.
No person shall park or leave standing any
vehicle upon any street in the Village after a snow-
fall of V~ii depth or more, until the snow 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.
5-(':.
010166
~...
^
11.30 BICYCLES"
ll.31 Definition.
IlBicycleii tncludes any device propelled
by human p~]er 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. (I) 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 nev] 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.
Bubd. (4) Loss of Tag.
In case of loss of a license
tag~ a duplicate tag shall be issued
upon payment of a fee of nJenty~five
cents.
ll.34 Rules for Operation.
Subd. (I) 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
11.003 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 roam~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
J~
'"
Subd. (7) Bicyc Ie 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.
( Ol0166
~
n
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 Damaging Tags - Using Bicycle Without Permission.
No person shall deface, mutilate or remove a
license tag attached to a bicycle or use another's 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 mvner 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
RES T R r C T ION SON USE
o F C E R TAl N' S T R E E T S
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 crossing at the point where 49th Avenue
crosses the r~ght of way and tracks of the Minneapolis,
Northfield and Southern Railway and ordered the resti'ic-
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.
11.43 Exempt.ion.
-
This ordinance shall not prohibit the use of said
crossing by pleasure vehicles, p~destrian traffic and school
bus traffic.
11.44 Notice.
The Chief of Police shall prepare and post signs
g~vlng notice of the rest~ictions imposed by this ordinance.
The signs shall.substantially sta.te as follows: tlTrucks
prohibited crossing."
010166
. .
11.45 Restriction on Portion of 53rd Avenue North.
Subd. (1) Traffic Restriction.
No person shall drive, operate or move any
truck-tractor~ road-tractor, semi-trailer, or other
commercial vehicle or motor truck, other than a bus
or a pick-up truck with a capacity of 3/4 ton, or
less, over that portion of 53rd Avenue North bet"\'leen
Winnetka Avenue North to East boundary line of the
Village.
111467
Subd. (2) Home Delivery Vehicles Not Restricted.
It shall be a sufficient defense to prosecution
under Section 11.45 Subd. (1) that the vehicle was
operated on said portion of 53rd Avenue North for
the purpose of delivering or picking up materials,
merchandise, or foodstuffs to a residential lot or
parcel of land,and that such vehicle'simmediate
destination was for such purpose.
Subd. (3) Notice.
The Chief of Police shall erect an appropriate
sign or signs giving notice of the restriction imposed
by this section. Every sign erected pursuant to
this section shall bear the words: "Through Trucks
Not Permittedtl or "Thru Trucks Not Permitted."
Subd. (4) Sign Placerfient.
Signs indicating the restriction provided by
this section shall be placed at eaeh end of the
portion of 53rd Avenue North on 'ivhieh travel is
restricted.
111467
11. 50
Ol<RD INANCE
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 cuscody, 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. (~.) 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 personis 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 viililations tag in conformity
with the provisions of the foregoing sections.
092766
11.70 REG U L A T ION 0 F G 0 -
K A R T SAN D S N 0 W MOB i L E S
11.71 Intent..
It is the intent bf this ordinance to supple- .
ment the Laws of the State of Minnesota, Chapters 168
through 171, Minnesota Statutes, with respect to the
operation of certain motor vehicles commonly called go-
karts and snowmobiles. This ordinance is not intended
to allow what the state statutes prohibit nor to prohibit
what the state statutes expressly allow.
11 . 72 De finit.ions .
The following words and phrases when used in ,
Sections 11.7l through 11.77 have the meanings as set
out herein:' '
Subd. (1) "Go- kart. It
Go-kart means every self-propelled device
or vehicle in, upon or by which any person is
or may be transported or drawn upon a highway
or natural terrain or designed to travel on wheels
in contact with the ground, except aut'omob iles,
trucks, motor scooters, motorcycles, snowmobiles
and devices or vehicles moved by human power.
S ubd . ( 2 ) "Operate . 11
Operate means to ride in or on and control
the operation of a snowmobile or, go-kart.
Subd. (3) !tOpeta'tor. 11
Operator means every person who operates or
is in actual physical control of a snowmobile or
go-kart.
Subd., (4 ) "Ro'adway . tt
Roadway means that portion of a h~ghway
improved, des~gned or ordinarily used for vehicular
,traffic.
Subd. (5)"Sn'owm'ob'ile'. It
Snowmobile meap..s a self-propelled vehicle
designed for travel on snow or ice' or a natural
,terrains teered by wheels, skis or runners.
111467,
11.73 Operation on Village Streets or Highways.
Subd. (1) On Roadway.
No persons shall operate a sno\~obile or
go-kart upon roadvniy, boulevard or inside bank
. or slope of any Village street or highway, except
as provided in this section. '
011369
Subd. (2) Direct Gross'ings.
A sno~~obile or go-kart may make a direct
crossing of a Village street or highway provided:
(1) The crossing is made at an angle of
approximately 90 degrees to the
direction of the highway and at a
place ''lhere no obstruction prevents
a quick and safe crossi,~lg; and
(2) The snowmobile or go-kart is brought
to a complete stop before crossing
the shoulder or main traveled way of
the high1.,ray; and
(3) The driver yields the right-of-way
to all oncoming traffic which con-
stitutes an immediate hazard; and
(4), In crossing a divided highway, the
crossing 1s made only at an intersection
of such highway with another public
street or highway.
Subd. (3) Lamps and Brakes.
No snowmobile or go-kart shall be operated
, on a public street or' highway unless it is equipped
with at least one headlamp and one tail lamp. No
snowmobile snail be operated upon a public street
or highway unless it is equipped lId th brakes which
conform to standards prescribed .by Rules of the
Commissioner of Highways pursuant' to the authority
vested in him by Section 168.846 of the Minneso'ta
Statutes.
11146.7
Subd. (4) Emergency Use of Sno\\IT1lobiles.
A snowmobile may be operated upon any
Village street or highway other than as pro-
vided by Subd. (2) of this section in an
emergency during the period of time when and
at locations where snow upon the roadway
renders travel by automobile impractical.
Subd. (5) Highigay Traffic Act.
All provisions of the Highway Traffic Regu-
lation Act, Chapter 169 of Minnesota Statutes,
shall apply to the operation of sno\~obiles upon
streets and highways, except for those relating
to required equipment, and except those which'
by their nature have no application.
11.74 Operations' Generally.
It shall be unlawful for any person to drive 01'
operate any Sn01'lffiObile or go-kart in the following un-
safe or harass lng vmys: '
(1) In excess of 25 miles per hour on public
land;
(2)
(3)
(4)
(5)
(6)
(7)
At a rate of speed greater than ieasonable
or proper under all the surroundi!lg circum-
stances;
In a careless; reckless and negligent manner
so as to endanger the person or property of
another or to cause injury or dam~ge thereto;
While under the influenc~ of intoxicating
liquor or narcotics or habit-formi!lg dr~gs;
Without a lighted head and tail light when
required for safety;
In any planting or tree nursery in a manner
which damages. or destroysgrowi!lg stock;
In a noisy manner contrary to' Section 11.77
(Subd. 1).
111467
11.75 Unlawful Acts.
Subd. (1) Operation.
It shall be unlawful for any person to
operate a'snow~obile or, go-kart:
(1) On private property of another with-
out permission of the o\'mer ,of said
property; or
(2) On publicly owued land, including
school, park property, playgrounds
and recreation acreas, except where
permitted by Sub~. (3) of this section;
(3) In a manner so as to create a loud,
unnecessary or lli~usua1 noise which
disturbs, annoys or interferes with
the peace and quiet of other persons.
111467
(4) No person shall operate a sno\~obile or
go -kart vlithin the Village bet\'leen the
, the hours of one-half hour after sun-
set to one-half hour before sunrise.
011369
Subd. (2) Unatten'ded Snm'lffiobiles.
It is unlawful for the m'lner or operator to
leave or allow a sno~~obile to be or remain un-
a~tended on public property.
Subd. (3) EXception.
Notwithstanding the prov~s1ons of Subdivision
(1), Clauses (1) and (2) of this section, the
Director of Parks and Recreation shall have
authority to supervise and regulate events or
programs in connection with events conducted by
the New Hope Park and Recreation 'Department in
which snowmobiles or go-karts are used. The
Village Council shall, from time to time, by
resolution, designate Village park areas deemed
available for such use. '
111467
11 .76 Defen'se .
It shall be a sufficient defense to the prosecu-
tion for violation of Section 11.75, Subdivisions (1)
and (2) that the defendant has permission in writing
from the owner or lawful occupant of the land, or the
public board, body or commission 'V-lhich is authorized
by law to hold and exercise dominion over such lands,
or the official authorized by such board, body or
commission to. grant permis's ion.
11.77 Equ'ipment.
Subd. (1) Mufflers.
All go-karts and snowmobiles shall be
equipped'with standard mufflers which are
properly attached and which reduce the noise of
operation of the vehicle to a noise level which
shall not be a disturbance to residences of the
area 'of operation and no person shall use a
muffler cut-out, bypass, or similar device on
said vehicles.
Subd. (2) Brakes.
All go -karts and sno'V-lIDob iIes shall be equipped
with brakes adequate to control the movement of and
to stop and hold such vehicles in a manner equiva-
lent to an automobile. All brakes shall be main-
tained in a, good working condition.
Subd., (3) Safety Throttle.
All snowmobiles shall be equipped with a safety
or so-called "deadman" throttle in operating condi-
,tion; a safety or "deadman" throttle is defined as
a device which, when pressure is removed from the
accelerator o,:r throttle, causes the motor to be
disengaged from the driving track.
111467
11. 80
N 0
PJ1,RKING
11.81 Definitions:
The fol1ovlingwoTCis and phrases, vlhel1 used in
Sections 11.81 through 11.83 have the meanings set
out herein: '
Sllbd. (1) w\1ehicle . II
Vehicle means, every device in, upon or
by which any person or property is or may be
transported or drawn upon a highway~ except'
devices moved by human power or used ex-
clusively upon stationary rails or tracks.
Subd. (2) lfStreet or Highway. II
Street or highway means the entire width
between boundary lines of any "lay or place when
any part thereof is open to the use of the
public, as a matter of right, for the purposes
of vehicular traffic.
11.82 Parking Prohibited at All Times on Certain
S"t'reets .
When signs are erected giving notice thereof,
no person shall park a vehicle at anytime upon any of
the following described streets or highways or parts of
streets or highvlays: '
Subd. (1)
, On Broad'\'ray Avenue North bet\ieen ~60th '
Avenue North and 62nd Avenue'North.
11. 83 Parking Sign'S Required.
Whenever by this or any other section of the
Village Code any pa'rking time limit is imposed or
parking is prohibited on designated streets or highways,
'it shall be the duty of the Chief of Police to erect
appropriate signs giving notice thereof 'and no such
regulation shall be effective unless said signs are
erected and in place at the time of any alleged offense.
011369
C HAP T E R 12
GRIIvlINAL
AND
MIS eEL LAN E 0 U S 0 F FEN S E S
CHAPTER 12
CRIMINAL
AND
MISCliLLANEOUSOFFENSliS
12.00
12.01
GRIMINAL 'GODE .ADOPTED
The following provlsJ.ons of the Criminal Code
of 1963, enacted by Laws 1963, Chapter 753 (h.eing
M.S.A. 609.01 et seq.), as amended by Laws 1967' (in-
Session Laws) 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 in full:
111467
GENE~~ PRINCIPLES
MSA 609.02
MSA 609..05
MSA 609.055
MSA 609.075
Definitions.
Liability for crimes of another.
Liability of children.
Intoxication as defense.
ANTICIPATORY CRIMES
MSA .609.17 Attempts.
MSA 609'.175 Consplracy.
CRIMES AGAINST A PERSON
MSA 609.22
Assault.
CRIMES OF COMPULSION
MSA 609.27
MSA 609.275
MSA 609.28
Coercion.
Attempt to coerce.
Interferi~g vii th religious observance.
010166
CRIMES AGAINST A FM~ILY
MSA 609.375 Non-support of wife or child.
CRIMES AGAINST THE GO\~RN~ffiNT
MSA 609.40
Flags.
CRIMES EFFECTING PUBLIC OFFICER
OR EW.tPLOYEE
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 CRI~ffiS
MSA 609.52
010166
Theft (as amended by Laws 1967,
including Regular Session Laws
and Special. Session Laws).
111467
MSA 609.525 Bringing stolen property into the state.
MSA 609.53 Rec~iving stolen property.
010166
MSA 609:535 Issuance of worthless check (a.s
amended by Laws 1967).
111467
MSA 609.545 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 609.6lS
Definition.
Simple arson.
Attempted arson.
Negligent fires.
Damage to property.
Dangerous trespasses and other acts.
Trespasses.and other acts.
Defeating security on realty.
010166
FORGERY AND RELATED CRIMES
MSA 609.655 Alteration or removal of identification
number.
CRIMES AGAINST PUBLIC SAFETY
AND HEALTH
MSA 609.66 Dangerous weapons.
MSA 609.675 Exposure of unused refrigerator., or
container to children'.
MSA 609.68 Unlawful deposit of garbage~ litter
or like. .'
MSA 609.685 Use of tobacco by children.
PUBLIC MISCONDUCT A NuIS~~CE
MSA 609.705 Unlawful assembly.
MSA 609..715 Presence at unlawful assembly
010166
MSA 609.72
MSA 609.725
MSA 609.735
MSA 609.74
MSA 609.745
Disorderly conduct (as amended by
La\'ls 1967).
111467
Vagrancy.
Concealing identity.
Public nuisance.
Permitting public nuisance.
GAMBLING
MSA 609.75 Gambltng; definitions.
MSA 609.755 Acts of or relati!lg to gabli!lg.
CRIMES RELATING TO COMMUNICATIONS
Emergency telephone calls.
Making anonymous telephone calls.
Opening sealed letter, telegram or
pack~ge . '
CRIMES RELATING TO A BUSINESS
MSA 609.78
MSA 609.79
MSA 609.797
MSA 609.815 Misconduct of junk or second-hand
dealers.
MSA 609.82 Fraud in obtaining credit.
010166
.".
"
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.
l2.12 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
whose 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
12.13 Glue Sniffing.
Subd. (1)
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, lacquer,
dr~gs, fingernail polish and lacquer, nail polish
remover, or thinners rOT the above-named subs~ances,
nOT any substance containing toluol, hexane, tri-
chloroethylene, acetone, toluene, ethylacetate,
methyl ethel ketone, trichoroathane, isopropanol,
methyl isobutyl ketone, methyl cellosolve acetate,
cyc10hexanone, or any other substance which con-
tains ketones, aldehudes, organic acetates, ether,
chlorinated hydrocarbons, or any other similar in-
gredient l.vhich releases toxic vapors for the pur-
'pose of inducing symptoms of intoxication, elation,
excitement, confusion, di2ziness, paralysis, irra-
tional behavior or in any manner change, distort or
disturb the balance, coordination or' the audio,
visual or mental processes.
Subd. (2) Purchase, Sale or Pos'session.
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-Se~vice Display" Prohibit'ed.
'Retail establishments selling glue containing
the intoxicating substances defined in Section I'
shall not sell such glue from a self-service dis-
play. '
063066
12.14 Bow and ArrOvl.
Subd. (1) Discharging Bo\'land Jf..rrowProhibited.
No person shall shoot or discharge any bow
and arrow or crossbow in the Village', except in
an enclosed building. '
022268
Subd. (2) Exception.
This section shall not apply to the shooting
01' discharging of any bow andarro\v which is .
designed as a children's toy, and the aI'rowhead
of which consists of a rubber suction cup or
other soft, pliable and harmless material.
022268
12.15 Ope Ii Flames on Apartment 13aTcony.
No person shall kindle, maintain or permit any
fire or open flame on any balcony above ground level of
a multiple dwelling or apartment in any" barbecue, torch,
or other similar heating, burning or lighting apparatus,
equipment or device. . . . .
040468
12 .16 Peace, Quiet and Good Order of Sc:ho'oTs.
Subd. (1) Trespass.
It shall be unlawful for any person to
remain in any public or private school building,
or upon the grounds thereof, after being requested
to leave the premises by the school principal, or
other person lawfully responsible for the control
of said premises.
Subd. (2) Disruption of Classroom 0"1' Frog.tam.
It shall be unalwfulfor any person, whether
on oi'off school p'remises, wilfully to annoy, .
d,isturb, interfere with, or .0bstruct any class-
room instruction, teaching program or other
school program or assembly being conducted upon
the premises of any public or private school.
.112568
,12 .17 Giving False Fire Alarms.
No person shall give or causetb be given, or
to knowingly start or spread, any false alarm of fire
in the Village.
062369
~
^
C HAP T E R 13
FRANCHISES
13000 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 Do
010166
APPENDIX
OLD NAME
Hillside Avenue
Victory Lane
Mina Boulevard
Town Road
54th Avenue
North
David Avenue
County Road
No. 18
Zealand Avenue
Bottineau Road
APPEI\TDIX A
STREET NA~lli 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
*
NEirJ NAME
Louisiana Avenue
North
Flag Avenue North
Maryland Avenue
North
Nevada Avenue
Nor t h
St. Raphael
Drive
Hillsboro Avenue
North
Mendelssohn Avenue
North
Meadow Lake Place
T..Jest Broadway
Avenue
Ol0166
OLD NP..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
Maring Street
-;'(
LOCATION
J:-.1E~'J NA?-'lE
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 Yukon Avenue North
East Meadow Lake
Road
47th Avenue
North
27th Avenue North
36th Avenue North
running east and west 59~ Avenue North
in Sullivanis 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 NArvlE
Osmer :3treet
Esther Street
Schmidt Street
53rd Avenue North
County State Aid
Road No. 9~ also
knm.vn as Rockford
Road
County State Aid
Road No. 101
Sumpter Avenue North
Fairvie'tv Avenue
Circle lying
easterly of and
running into
Virginia Avenue
Sandra Lane
LOCATION
West One Quarter of
the South One Half
of Section 19, Town-
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
Sullivan's Hillcrest
Addition
Mork-Campion Manor
running east and west
Mork-Campion Manor
East of the West
boundary line ex-
tended of Block 3,
Sandra Terrace
- 3 -
-J(
NEi-J NArvIE
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 NAHE
Sandra Lfme
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-
istered Land
Survey No. 968
LOCATION
West of West boundary
line extended of
Block 3, 3andra
Terrace
--, l' ""-1'
L..;uoectC's .h..ol. :Lng
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
lO~ Block 7 to the
Northwesterly corner
of Lot 6, Block 6, of
said Addition
West Winnetka Park 2nd
Addition
- l} -
-k
NEH NAIvlE
A.quila Avenue
Boone Court
Boone C irc le
34th Avenue
North
33rd Place
Flag Avenue
North
Ensign Avenue
North
31st Avenue
North
3lst Avenue
North
Wisconsin Avenue
North
010166
OLD NAltJ.E
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-
istered Land
Survey No. 968
LOCATION
West of West boundary
line extended of
Block 3, Sandra
Terrace
Zubeck's Rolling
Hills Add:l.tion
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~ -
.,'(
NEW NAlvJE
Aquila Avenue
Boone Court
Boone C irc Ie
34th Avenue
North
33rd Place
Flag Avenue
North
Ensign Avenue
North
31st Avenue
North
31st Avenue
North
Wisconsin Avenue
North
010166
OLD NAME
LOCATION
Fairview Avenue
Northern Heights
Second Addition, be-
tween Boone Avenue
and Zealand Avenue
Louisiana Avenue
North
G-w-ynnco Second
Addition, lying
between 38th Avenue
North and the north-
easterly extension
of 39th Avenue North
NEW NAME
49 1/2 Avenue
North
010-166
-;..-
Maryland Avenue
North
121467
Rettke Circle
Crosstown Construction Fl~g Court North
Co. Addition
122667 -
*
APPENDIX B
DETACHED LANDS
The following lands are detached from the Village of
New Hope:
1. All of Lot 23 ~ "Auditor; s Subdivision Number 226,
Hennepin County, Minnesotai1, 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 0uarter; 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 (3l), Auditor1s 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)~ Auditor's 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 118, 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
010 166
*
quarter (SE\) of the Southwest one quarter (SW\)
of Section 5, Township 118s Range 21; thence East
along the North line of said Southeast one
ciuarter (SE\) of the Southwest One Quarter (SW\)~
167.4 feet, more or lesss 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
heginning, 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
.,~
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
.iuarter (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 ~uarter
(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~
Auditor1s 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
heginning, according to the plat thereof on file or
of record in the office of the Register of Deeds in
and for said Hennepin County.
"
- L -
Ol0166
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. Subdivision 1. Unless the
context otherwise requires, the words and phrases defined in
the following subdivisions have the meanings there ascribed to
them.
Subd. 2 "Appointing Authority" means the official,
employee, council, board or coromission empowered by statue,
or ordinance to make an appointment to the position referred
to in the context.
Subd. 3 "Board" means the personnel board provided
for in Se~tibn 4.
Subd. (4) "Classified Service" means the positions
covered by the Merit System.
Subd. (5) "Employeell includes an officer, employee,
or other holder of a position in the Village.
Subd. (6) "Merit Systemlt means the method provided
by Minnesota Statutes, ChapEer 44, this ordinance, and rules
adopted thereunder for the employment, promotion, dismissal
and discipline of municipal employees. t
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, ~or 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 Appoint~ents. 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 o~ under its direction as provided in
Section 7.
Subd. 2. The beard shall, as the need arises,
prepare and maintain lists of eligibleG 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 OT more nameG 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 ~1ithout regard to
rank thereon for a period not to exceed ninety days 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 ~emporary or provisional employee for more than
ninety days in any calendar year.
010166
*
Section 7. Examinations. Subd. 1. Every examina-
tion shall be impartial, fair and designed only to test
the relative qualifications and fitness of applic.ant to
discharge the duties of the particular positions for which
it is designed. No questions in any examination shall rea
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.
Subd. 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 employeels 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 board2s 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 loQ
cated. The question to be determined by the Court shall
be: "irJas 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
~
ft
Section 11. Rules. Subd. I. 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. 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 emp1oy~
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 positionp 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 age,
residence, physical condition or otherwise, or who have
been guilty of criminal, infamous or disgraceful 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. I~ 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
seniority 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
with Minnesota Statutes 5 Chapter 44 and 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 board's 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 number of full~time employees of e~ch in the classified
service bears to the total number of full-time employees
in the classified service. The Council and each independent
010166
.1..
^
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 formulation of classification
plans or for the performance of any other technical ser-
vice~ in connection with the discharge of its duties
under this Act.
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 l:The Veterans Preference Lawn.
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 thfu.gs 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.
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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.
Is/ 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
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*
APPENDIX D
CHAPTER 85
ORDINANCE 62-12
AN ORDINANCE
GRANTING TO THE MINNEAPOLIS GAS COMPANY, A
CORPORATION ORGl';,.iUZED 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 HOPS 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 REFEALING ALL ORDINANCES,
OR PARTS OF ORDINANCES, INCONSISTENT HEREWITH.
'lIJ-Jll;JQ~ OF l\E~J I{2:PE
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 thattt 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 "Municipality",
i'Municipal Council" and "Municipal ClerkH shall mean re-
spectively the Village of N~1 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 "Companyil shall mean the Minneapolis Gas
Company, its successors and assigns, and the words "streets
and public p1acesli shall mean the streets, avenues, alleys,
parkways, roads, squares, parks, bridges, viaducts and pub-
lic places in the Municipality.
The term ilgasil 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.
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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 e~dsting at the point of metering,
or, when corrected, at 600 Fe snd 14.5 pounds per square
inch, absolute.
The ter.m "suburban are3" shall include the cities of
B10omingten~ Columbia H3ights, 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, Minnetonka, 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 !isuburban 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 m~~ber 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 ~'Yaiver of rights by
said Company required by Section 27 hereof, and subject to
the terms, conditions and limitations herein stated, the
right to manufactQre, 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 accomplis~~ent 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 fer 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 e~~ercised 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 censtrued 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 fo11~wing 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 26,000 cu. ft. . . . . . . . 1.10 per M
Next 130,000 cu. ft. . . . . . 1.00 per M
Next 140,000 cu. ft. . . . . . . . 1.00 per M
Allover 300,000 cu. ft. . . . . . .90 per M
The rates above specified are called "Block 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 (IO%). 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.
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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
en::tblethe Comp::tny 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.
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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 tbereof~ or otherwise, until
after twenty (20) days' 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 Authority. Any change in
rates made pursuant to the terms of this ordinance shall
be made~fective as soon as 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
-i:
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, amenchLlent or revision shall be made by
order, stating the reasons thet'efor, duly served on the
Company within t~vel1ty (20) days after notice of such pro-
posed rates shall be grven by the Company, as in this
ordinance provided. The Ccmpany shall have the right to
h. d . ,.. t..... d
a prompt ear~ng an reVLCW o~ sueD altera~~on, amen ment 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, alUCiJ.oment or revision, and if
such hearing and review is applied for, then until such
alteration, amen&ilent 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 Compsny 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 e~dsting 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 S2me 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
ole
"
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'1 shall mean the amount computed by application of
the iiallowable rate of returnH to the "allowable rate
baser. as defined in accordance with the provisions of
Subsection (b), (c), (d), (e), (f) and (g).
(b) . The l1a11owable rate of returnll shall be 6~%
during calendar years when the CompanyVs 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 10ng-
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 issuee 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
*
lia1lowable 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
lIa110wab1e rate of returnll be other than in multiples of
1/20 of one percentage point.
(c). The "allowable rate baseu shall be the sum of
the ufair value of the suburban area utility plant" used
and useful in the public service as provided in Subsections
(d), (e) and (f) and working capital as 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 1ffair value of the suburban area utility
plantli 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 "reproduction,cost new" plant as defined in
Subsections (e) and (f), les.sdepreciation. Depreciation
of the 'Hreproduction cost"new" p.lant. shall be computed by
.the 'use. 'o'f .the ratio of the book depreciation re.serve to the
original plant gross. cost, plus three (3) percentage
points.
The 50'0 weighting of the ~1reproduction cost newll
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
"reproduction cost newii plant ~yi1l 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 i1reporduc-
tion cost new" plant is decreased.
(e) . 1~eproduction cost new" 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
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*
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
GENERAL 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.
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*
(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 Index. If, after such comparison,
the difference between the Handy-Whitman costs and the
CompanyOs experience is 15%, or less, of the total "re-
production cost newH plant, the HandyiWhitman 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, 11Actual Net EarningsVi
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;
(3) Customersi Accounting and Collecting
Expenses;
(4) Sales Promotion Expenses;
(5) An item to cover ViAdministrative and
General Expenses" which shall be the just,
fair and reasonable cost to the Company of
all of the sub~accounts that are included
010166
.,~
"
in such Administrative and General Ex-
penses, but the aggregate of "Adminis-
trative Salaries" and ~:iGeneral Incidental
Expensesli 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 1%) 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,
Ol0166
*
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
properly allocable to rendering service out-.
side the suburban area, subject, however,
to the provisions of Section 1.
(IO) 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
OlOl66
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"
ana except that installment and carrying charges will be
credited to gDoss merchandise sales.
The allocation of the Companyis 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, \ilworking capital" 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
Ol0166
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"
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 Company's 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 detenllining "allowable annual return",
Hal1mvab1e rate of return" and 1'a1lowable 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 Plant~~, or similar term, which shall shmv at
all times as nearly as may be the unexpended or unused
010166
~
n
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, howevers 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 !?Extraordinary
Property Losses". 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 ll. 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 Minnesotas and the
Minneapolis Gas Light Company, a corporation organized
OlOl66
~
^
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 areao For this purpose~ the books and
records of 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 120 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 bor~ers of the sub-
urban area as herein defined 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 0 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.
Ol0166
~
~
Section 14. The Company shall not open 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 3 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
work3 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 3 pay to the
Municipality the cost of such work done for or performed
by the Municipality, together with ten per cent (IO %)
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 shall, in the proper exercise of its
police power3 and with due regard to seasonable working
conditions 3 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
*
obligation of the Company to relocate its facilities
shall be applicable to water 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 own expense where grade changes are made
by the Municipality for improved drainage or improved
traffic conditions, provided~ however, if a subsequent
relocation or relocations shall be ordered within ten
years from and after the first relocation the Municipality
shall reimburse the Company for such non-betterment re-
location expense which 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
rec-onnect its service pipe running from the main to the
customer's premises at its own expense where the removal
and replacement or cutting and reconnecting is made for the
- purpose of a more-expeditious .operation for- the - construc-
tion or reconstructi.on of said sewer or water' 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
Company's f::ll"'il ities \vhile performing any work connected
with grading, regra~ine or 0-hanging the line of any street
or public place or with the construction or reconstruction
of any sewer or water system.
Where the Municipality orders the Company to relocate
any of its facilities, the Company shall proceed with such
relocation. If such relocation is done without 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.
Ol0166
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"
Section 16. The l'1unicipa1ity shall give the Company
reasonable written notice of plans for street improvements
where paving or resurfacing ef 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 Company1s 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
*
Section 18. The Company agrees ~o pay to the Sub-
urban Rate Authority, effective January 1, 1963~ not less
than $30~OOO.00 per year to be allowed as an operating ex-
pense to the Company 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 amount of such annual payment shall be
subject to possible revision by the Suburban Rate
Authority and the Company 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, safe 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 I1natural'=
gas company" under the Federal Natural Gas Act, which
subjects said Northern Natural Gas Company to the juris-
diction of the Federal Power Corr~ission.
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 Company 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.
Whenever any of the occurences named above take
place, the Company shall have the right and authority and
it shall be its duty to adopt reasonable rules and regu-
lations in connection with limiting, curtailing or al-
locating extensions of service 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 Company;s 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
.:1.0
n
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
. . 1 . d. h M . . 1. 1- h 11
mun~c~pa corporat~on sucee ~ng t e _un~c~pa_~_y sa,
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 IlGranting 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 10th day
of December, 1953, is hereby repealed.
Section 27. This ordinance shall be null and void
unless the Company shall, after the publication thereof and
prior to April 1, 1963, file with the Municipal C1erk-
Treasurer a written 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 I, 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
review may be initiated by making a written request therefor
to the other party during the month of January, 1966.
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 section, 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.
M. C. HONSEY,
Mayor,
ATTEST:
RALPH KIRCHOFF,
Village Clerk-Treasurer
(Published in The North Hennepin Post January 17, 1963)
010166
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"
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 Highways 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 1f1
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 112
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
.'A
"
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
tNiring 62-7;> 65-9,
61-2, 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 Se'\ver-Sanitary lOllI/56 Repealed by
57-18
56-9 Sanitary 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.y
65-12
57-3 Zoning 4/25/57 Repealed ='J
60-19
.l.
"
Old Section
Ordinance Date of New Other
Number Subject Passed Code Disposition
57-4 Obstructing 4/25/57 Repealed
Officer 64-17
57-6 Bowling Alley 6/ 6/57 8.80~8.87
57-7 Constable 5123157 2.24
Abolished
57-8 Beer Lm,; 6/ 6/57 10.10-
10.25
57-10 Brick Facing 5/23/57 Repealed
61-6
57-11 Sewer Charges 5/27/57 Chapter 5 Amended by
57-19
57-12 Curfew 7/25/57 Repealed by
65-7
57-14 Food Licensing 6127/57 8.14,8.05 Amends
57-14
57-16 Traffic - 157
Code 7/25/57 Repealed
59-6
57-17 Sewer Rates 10/24/57 Chapter 5 Amended by
58-l3; 60-21
57-18 Sewer 10/24/57 Chapter 5
57-19 Use Charge 10/24/57 Chapter 5 Amends 57-11
Amended by
62-4
57-20 Improvement 11/20/57 Chapter 5 Amended by
Bond Fund 61-12
58-1 Planning 1/23/58 2.40 Amending
Commission 58-1
~
"
Old See t ion
Ordinance Date of New Other
Number Subject Passed Code Disposition
58-2 Councilmen- IO/ 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-Iarge 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.OO-
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 ~mend- 4/14/59 Repealed
ment 60-19
*
Old Section
Ordinance Date of New Other
Number Subject 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 5/19/59 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 ./
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 Sec t ion
Ordinance Date of New Other
Number Subject Passed Code Disposition
60-4 Parking 4/12/60 11. 20-
11.24
60..5 Well Drilling 6/28/60 3.120- Repeals
3.132 59-5
60-6 Dog Licensing 8/ 9/60 -l:~..2 q Repeals
55.4
60-6 Water 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 Building Moving 6/28/60 3.140-
3.144
60-17 Service 8/9/60 Chapter 5 Amends
Connection 60-13
60-18 Spiking 7/ 5/60 10.30-
10.33
*
Old
Ordinance
Number
Subject
Date
Passed
Section
of New
Code
Other
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-IS;
59-l4;59a19;
60-10
60-20 Fire Apparatus
8/27/60 Repeal~d
65-12
60-21 Sewer Rdte
10/18/60 Chapter 5 Amends
57-17
60-22 Water 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
Changes
3/14/61
Appendix
A
J
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
61-7
Connection
Charge
4/11/61 3.20-3.57 Amended
62-8; 65-10
4/11/61 Chapter 5 Amends
60-13
61-6
Building Code
61-8
Dangerous
Building
4/25/64 9.40-9.47
~:
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
7/11/61 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
Backs
9/12/61 Chapter 4 Amends
60-19
61-15 Water Stub
Charge
11/24/61 Chapter 5 Amends
60-6
61-17 Traffic
11/14/6l Chapter 4
11/23/61 Repealed
by 64-3
61-16 Zoning
61-18
Zoning - Side- ll/14/61
lot and setbacks
Chapter 4 Amends
60-19
62-1
Insufficient
Funds
1/ 9/62
Repealed
64-17
62-2
Larceny,Petit
2/27/62
Repealed
64 -17
62-3
Zening
2/27/62 Chapter 4 Repealed
62-3
62-4
Use Charge
3/13/62 Chapter 5 Amends
57-l1 and
57-19
62-5
Zoning
5/8/62 Chapter 4 Amends
60-19
....
...
Old Section
Ordinance Date of New Other
Number Subject Passed Code Disposition
62~6 Zoning 8/14/62 Chapter L.~ Amends
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
*
Section
Date of New Other
Passed Code 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.OO-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'l>]
Passed Code
Other
Disposition
64-12 Fire Prevention 8/ 8/64
Repealed by
65~12
64-13 Drainage Obstruc-lO/13/64 Chapter 5 Amended by
tion 66-14
64-14 Clerk and
Treasurer
11/24/64 2.22
64-15 Zoning Changes
11/24/64 Chapter 4 Amends
60-19
64-16
Snow Removal
11/24/64 6.32
64-17 Criminal Code
ll/2L.~/64 12.00
Repeals
56-t;. 57-6..
-' ,; t ,
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,.;
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(1) Amends
and (2) 56-4
7113/65 3.48(1) Amends
(2) and 61-6 ~
(3)
65-9 Electrical
t-Jiring
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. 50
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 Eees
Old
Ordinance
Number
67-1
67-2
67-3
67-4
67-5
67-6
67-7
67-8
67-9
67-10
67-11
Section
Date of New
Passed Code
Subiect
Sewer Service
Charge
1/24/67
Dutch Elm--
Forester
1/24/67 9.82 (I)
Street 2/14/67
Excavation
Boating on Park 2/14/67
Waters
Dog Licensing 7/25/67
Platting--Under- 4/ll/67
ground Power
6.60-
6.76
6.80-
6.82
Other
Disposition
Amends 64-5
7.02, 7.05 (3) Amends 60-6
7.08, 7".11
7.14
Authorization to 5/23/67 11.52
Issue Tickets
Brick Facing
5/23/67 3.38
Zoning Amendment 7/27/67 4.78"
Traffic Adoption.. 11.01
1967 Laws
Animal & Nuisance 7/11/67 9.100-
Regulation 9.123
Amends 59-1
Amends 66-16
Amends 61-6
Amends 60-19
Amends 64-3
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
b(.5ll(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
Ordinance
No. 'subject Sec'tions Affec'ted
67-37 Louisiana Name Appendix
Change-Gwynnco
2nd'
67-38 Residential 4.68 (6), 11.24
Parking
67-39 Rezoning for 4.105 (16)
Knott-Retail
. Business
67-40 Fireplace 3.49 (2)
Standards
6 7 - 41 Fee S ch e du 1 e . 3. 04 (1) ( 2) ( 3 )
Changes
67-42 Industrial Com- 2.90 to 2.107
mission
67~43 Rettke Circle Appendix A
Name Change
68-1 Self-Service 8.120 to 8.125
Cleaners and
Launderers
68-2 Rubbish and 8.140 to 8.145
Garb~ge Haulers
68-3 Car Wash~s- 8.130 to 8.135
Requirements
68-4 Garages- 1 and 4.68 (8)
2 Family
Dwellings
68-5 Rezoning-Embretson 4.103
68-6 Electrical Fee 3.05, 3.63
6-8-7 Bow and Arrow 12.14
68-$ Council Rules 2.00 to 2.08
68-9 Apt.-Building 3.05, 3.28,5.49,
Code Cha~ges 3.50, 3.150-3.156
68-10 Open Flame on 12.15
Balcony
68-11 Zoning-Planned 4.22-, 4.23 (9),
Development 4.85
Date
'Pa'ssed
12/14/67
12/14/67
12/26/67
12/26/67
12/26/67
12/26/67
12/26/67
1/23/68
1/23/68
1/23/68
1/ 9/68
1/23/68
2/13/68
2/13/68
2/27/68
3/25/68
3/25/68
3/25/68
Date
Published
12/21/67
12/21/67
1/ 4/68
1/ 4/68
1/ 4/68
,-
1/ 4/68
1/ 4/68
2/ 1/68
2/ 1/68
2/ 1/68
1/18/68
3/21/68
2/22/68
2/22/68
3/14/68
4/ 4/68
4/ 4/68
4/ 4/68
Ordinance
No. Subject
68-12 Human Rights Com-
mission
68-13 Truss Construc-
tion and Ladders
to Roof
68-14 Sunday Closing
Repealed .
68-15 Fire Lanes
68-17 Conduit for.Fire
Alarms
68-18 Floor Area for
I-Family Dwellings
68-19 Define Structure-
$1.00 Use Charge
68-21 Closet Area
68-22 John Miller
Multiple Dwelling
Rezoning
68-23 Design Standards
for Apt. Garages
68-25 Eliminate Garages
in RB and Ind.
Districts
68-26 Driveway Aprons
68-27 John Miller and
Nelson
68~28 Zoning Variance
68-29 Embretson Re-
zoning (Kathryn
Erickson prop-
erty)
68-30 School Repairs
68-31 Bond Equivalent
68-32 Human Rights Com-
lIdssion
Sections Affected
2.110 to 2.115
3.49 (2),
3.50 (13)
8.100-8.108
9.07
3.50
4.22
5.72
3.36 (2) E
4.103 (35)
4.78
4.44 (3), (5)
4.79
4.104, 4.103;
4.105 (10), (16),
(35)
4.84 (1),4.604
4.605
12.16
3.38-3.23 (9)
2.114
Date
Passed
4/ 8/68
4/ 8/68
4/22/68
5/13/68
5/27/68
5/27/68
5/27/68
7/22/68
7/22/68
8/12/68
8/26/68
9/23/68
10/28/68
9/23/68
10/28/68
11/25/68
11/25/68
11/25/68
Date
Published
4/18/68
4/ 8/68
5/ 2/68
5/23/68
6/ 6/68
6/ 6/68
6/ 6/68
8/ 1/68
8/ 1/68
8/22/68
9/ 5/68
10/ 3/68
11/ 7/68
10/ 3/68
11/ 7/68
12/ 5/68
12/ 5/68
12/ 5/68
Ordinance
No. Subject
68-33 G & K Rezoning-
Winnetka and' Bass
Lake Road
Date Date
Se'ctions Affected . Passed Published
4.106 (12) 11/25/68 12/5/68
4.105 (B) deleted
68-35
Connection Charge 5.190-5.193
D & E .
11/25/68 : 12/ 5/68
68-36 . Burning Regula- 9.04 (c)
tions' - re Fee
12/ 9/68 12/19/68
68-.37 Standpipes 3.49
68-38 Apt. Standard- .3.50
Correction
11 13/69 1/23/69
1/13/69 1/23/69
68-39 Apt. Rezoning- 4.103
James .
12/23/68 1/ 2/69
69-1 Disposal of Cars- 6.51-6.53
3 months
1/27/69 2/ 6/69
69-2 No Parking-West 11.81 - 11.83
BroadwaY, 60th
to 62nd
1/27/69 2/ 6/69
69-3 Industrial Com- 2.94~2.96
mission, Size,
etc.
1/13/69 1/23/69
69 -4 Hipp-Winnetka- 4.103 (3.8)
Cemetery Re-
zoninQ:
2/10/69 2/20/69
2/10/69 2/20/69
69-3 Fire Chief 2.71-2.72
69-5 Kuck-Perry Re- 4.107 (3J,
. zoning 4.108 (6)
69-6 Party Ordinance
4/12/69 4/24/69
69.- .7
GB Re-
zoning
~L 106 (14)
5/26/69 6/ 5/69
69-8
Rezoning-Zubeck
4 . 103 (39) ( 40 ) ,
4.104(1.3)
4 . 106 ( 13 )
7/14/69 7/24/69
69-9
Truck Parking
4.68, Subd. (5)
7/14/69 7/24/69
Ordinance Date Date
No. Sub-iect Sections Affected Passed Published
-~-
69-10 Industrial Set- 4.23 (ll) 6/23/69 7/13/69
backs
69-11 Procedures 4.82 (2) ~ (4) > r -) 6/23/69 7/ 3/69
f ....
... , '-~
69-13 False Fire Alarm 12.17 6/23/69 7/ 3/69
69-14 Exi ts from Cellars 3.49 (2) 7/28/69 8/ '7/69
a.'1 d Basements
69-15 Private Swimming 3.160-3.169 7/28/69 8/ 7/69
Pools
69-16 Change in Gen. 4.106 (15) , 8/11/69 8/21/69
Bus'. 4.105 (4)
69-17 Construction and 3.05 (14) , 3.28, 8/11/69 8/21/69
Regulation of 3.49, 3.62 (3) ,
Multiples' 3 . 50 , 3.150-
3.156
69-18 Increases, P' 1.4 9/ 8/69 9/18/69
.. ~nes ,
etc.
69-19 Encroachment-Rear 4.12 (4) 9/22/69 10/ 2/69
Yard
69-20 Salary Increase 2.2l 9/22/69 10; 2/69
69-21 Certification of 3.27 (10) 10/27/69 10/30/69
Plans and SDeci-
fications ..
69-22 Harrin.gton Re- 4.103 (40) 10/13/69 10/23/69
z~ning on Nevada
..l.1I
"
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 I. Validity. The codification of ordi-
nances of the Village of New Hope contained in Chapters
1 through 13s 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 ~4l4.l91 (Subd.5).
Section 2. ReEea1s. 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 Es are hereby re-
pealed, except Ordinances 54-I, 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 date of publication 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'!l.::ngger.o
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 Q . . . . . . . .
Accessory Use; Defined; Zoning4". . . . . .
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; Z9ning . . . . 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 .. . . . . Q . . . .
Apartment; Defined; Zoning . . . . . . . .
Appeals:
From Building Inspector . . . . . . . . 3.56
Application:
For Building Permit . . . . . . . . . .
For Electrical Permit . . . . . . . . .
For Plumbing Permit . . . . . . . . . .
For Gas Permit .. . . . . . . . . . .
Architecture; Performance Standards;
Zoning . . . . . . . . . . . . . 0 0 0
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, 11.2l
. . . 3.63
. .. 3.81
. . . 3.71 (1)
2.63
9.115
9.117
7.40
4.92(3)
3.01
3.62
3.72(2)
3.82(1)
4.74
2.43
4.92(6)
- B -
Backfilling; Private Sewage Disposal
Basement;" Defin~d; Zoning. . . . . . . .
Base-Streets; Improvement Schedule ...
Beer; Defined . . . . . .
Beginning Service; Sewer
Beginning Service; Water
Bicycles . . .
Definition . . . . . . . .
Enforcement
Equipment .
Expiration . .
Fee 51 (II II .. t; ..
License Required
Parents 0...
Procedure .. . . . . . .
Rules of Operation . .
Tran.sfel" ~ .. 11 . . . ~ ~ . . .. 0. .. .. .-
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 .., c. .
Bow and ArTo....'I) Offense .".. . . . .
Bowling Alley; License. ....
Building Code . . . . . . . . . .
Uniform Building Code; Adoption
Buildings, Dangerous .... c . . . . .
Buildings, Defin~d; Zoning
Building Inspector "
Appointment and Qualifications
Bond ,,'0 " .. .. . .. . . .. .
Compensation . 0 . 0 . . . . . .
Defined"
Duties . 0 .
. . .
g '. ". .-
. . 0
. . . . '"
. . .
.. .. 40
. 0"
. . .. (:00"
.. . . 0"
.. o' . ..
. ."
. . .
. ".
c.... .
. . .
4.505(6)
4.92(7)
4.554(3)(C)
10 .0 1 ( 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
4.84(2)
2.63(3)
4.92(8)
6.80
3.72(4)
4 . SO 3 ( 2.)
12.44
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 . . .
. .
. . .
Granting . . . . .
Buildings;
Brick Facing . . . . . . 0 0
Ceilings . . . . 0 . . . . . . 0 . 0 G
Electrical Installation Requirements
Floor and Roof Loads ...... 0 . .
Footings ..... . . . . . . . . . .
Foundations and \.'lal1s ... 0 . . . .
Height and Area . . . . . . . . . . . .
Joists, Rafters and Studdings .
Plumbing Requirements . 0 . . . . . .
Space Requirements ..... . . . . .
Ventilation, Doors and Windows . .
Burning Regulations ....... 0 .
Businesses, Closed on Sundays ..... 0
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 . . . . . . . . . It . 0 e 0
o .
3.01
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
1.~.92(10)
4.106
4.104
Chapter 8
4.105
l:..503(3)
4.553
~ C -
Car Was h . . .
Cat Shelters:
Defined . . . .
Licenses . . . . . . . .
$tandards fOT Operation .
Cats - See Aliimal Regulations
Ceilings, Buildings. . . .
Certificate ofOccupanc-y .
Ces spoo 15; Se",V'ers . . . . . . .
Chai rman :
Planning Commission .
Christmas Tree Sales; Licensing
Church; Defined; Zoning . . . . . . .
Cigarette License . . . .
Civil Defense . . . .
Defined
Civil Service . . .
. . .
Clean-up Deposit
Cleaning; Street . . .
Cos.ts, Record
Hearing . .
Notice . . . . . . ..
Penalty . . . . . . . . . .
Quarterly Billing
Record of Cos ts. . .
Resolution, Council
Snow, Ice, Dirt, Rubbish Removal . . .
Sprinkling, Flushing
Village Kemoval .
Clerk-Treasul'er:
Audi t .. . . . . . . .
Comrrination of Offices . . . .
Defined . . . . t . . . . . e 0
Club or Lodge; Defined; Zoning . . . .
Code; Defined.. . . . . . . . . . . . . .
Codeine Sales and Possession
Collector Street; nefined; Platting .
Compatible; Defined; Zoning . . . . .
Construrtion Requirements~-Improvement
Schedule; Streets ... .
Hul tiples; Requi remen ts .......
. . .
. . .
. . .
. . .
8.130
7.21(4)
7.22(2)
7.29
3.42
3.55, 4'15
5.04
2.44
8.110
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
2.22(2)
2.22(1)
1.01
4.92(12)
1.08
12.12
4.503(4)
4.92(13)
4.554 (3)
3.50
Compensation:
CoUncilman . 4 . a , . .. .. .
Firemen .........
Ivlayor . . . .. " . . e . . .
Planning Commission Members
Comprehensive Municipal Plan:
Adoption of Plan . .
Capital Improvement
Community Facilities .
Compliance . . . . . .
Defined . ." . .
Effectuation Procedure . . . . .
Land Use . . . . . .
Official Map .
. . .
. . .
Preparation of Plan , . .
Transportation .
Zoning .
Connection; Sewers
Charge A . .
Charge B . .. .. .
Charge C . .
Inv61untary .. . . .
Permits
Requi red ...
Connection; Water:
Ch~rge . . . . ., .
Perini t . . . . . . . ,.
Cons table; Abolished . . . . . .
Construction, Rules of . . . . .
Use of l\1innesota 'Rules . . . . . . .
Conveyances; Restrictions in Recording
Correction of Unsafe Conditions; Gas
Cost Borne; Sewer. , . . . . . . , .
Council; Defined . . . . . . . . . ,
Council; Rules ror Organization and
Procedure ' . , .. ....
Councilman; Salaries .......
County; Defined . . . . . . .
Criminal Code Adopted . . . . . . . . . .
Cul-de-sac; Defined; Platting . . .
Curfew . .. . III e.....'" .. . . ..' " . . . . . t.
Curb and Gutter--Improvement Schedule, .
. ,.
. . . . . .
. . .
.' .
. .'
2.24
2.76(3)
2.21
2.42
4.622(1)
4.621(5)
4.621(4)
4.623(2)
4 . 6 21 (::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
1.02
2.00
2.21
1.05
12.00
4.503(5)
9.30
4.554 (3) (C
- D -
Damages, Sewer . . . . .. .... . .
Dangerous Buildings ......
Dangerous Excavations . . .
Date of Elections . .. ...
Definitions .., . . . . . . . .
Demolition; Dangerous Buildings .,.
Deposi ts; Unlawful; Se'tVers . . . . . . . .
Depth Limitation; Private Sewige Disposal.
Detached Lands . . . . . . .. . . . .
Digging; Excavating; Filling . . . . .
Diiect6r; Civil D~fense .. . .
Dirt, Rubbish, Ice and Snow Removal;
Streets . . .. . 0 I' 0- . . .- . "
, Discharging Firearms . . . . .' . . . . . .
Diseas~d Animals; Destruction . . ... . .
Disposal; Private System. . . . . . .
Disposal; Public Sanitary,Se\ver . . .
Districts; Zoning ..... . . . . . . .
Defined . . to . lie ~ o. ". .' . .
Minimum Requirements ......
Exceptions to Minimum Requirements
Dog Kennels:
, Defined . . . . . . .
. . ...
. . .
License..........
Standards fOk Operation . . . .
Dog Licensing . . . . . . . . . .
Dogs; Running at Large ,. . . . . .
Doors; Buildings. . . . . . . . . . . . .
Drainage; Performance Standards; Zoning
Drive~s License; Regulations . . . . .
Drivers License Requirements; Minn.
Stats. Incorporated by Reference
Drills; Practice Fire . . . . . . . .
Driveway Aprons ..... . . . . . . . .
Dry Cleaning; Self-Service Laundering
and, ............ '
Dumping; Private Sewage Dispoasl .
Dutch' Elm Disease' .'. . . . . .
Dwelling; Defined; Zonin~ . . .
5.19, 5.22
9.40
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
4.22
4.23
7.21(2) ,
4.92(14)
7.22
7.28
7.00
7.04,
3.43
4.73,5.180
11.10
11.10
2.77
4.79
8.120
5.05(6)
9.80
4.92 (15)
- E -
Easements; Defined; Platting. . . . . . .
Elections .. . 0 . . . . .
Electrical Code . . . . . .
Access; Electrical Inspector's
Right of .. $ . . . . . . . 0 & 0
Adoption, Minneapolis Electrical
Ordinance . . . . . . . . . . . . .
Application for Permits . . . . . . . .
Certificate of Insurance .. . . . . .
Fees .... 0 0 0 0 0 . . . . . . . . .
Inspector; Electrical . . . . .
Minneapolis Electrical Ordinance;
Adoption . . . . . 0 . 0 0 . . .
Penalty . 0 . .. . . 0 0 0 . 0 . . . 0
Permits. 0 0 . . . 0 . . 0 0 . . . . .
Qualifications for Permits . .
Qualifications of Inspector . . . . . .
Electrical Inspector . . . . .
Electrical Installation Requirements;
Buildings . . . . . . . . .. .. .
Electrical Permit Fees . . . . ..
Elevators .... . . . . . . . . . . . .
Elevation; Sewer . . .. . . . . . . .
Elm Disease . . . . 0 0 0 . 0 0 0 . 0 . .
Elimination of l\Jeeds . . . . . . . . . . .
Emergency, Civil Defense ........
. . .
. .
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
. 0 0 . 0 c; 5.58
. . . . .. 3.100
o 0 . . o. 6 .60
. . . 9.50
3.36(3)
Encroachments; When Permitted
Enforcement; Zoning . . . . .
Equipment Violation Tags . . .
Estimated Bills; Sewer ...
Excavating; Filling; Digging .
Excavating; Streets . . .
Excavations; Dangerous . . .
Exits; Building . . . . . . .
Explosives; Performance Standards;
Zoning 0 . . . . . 0 . . . 0 II 0 0 0 0
Exterior Storage; Performance Standards;
Zon ing 0 0 CI . . 0 . '" 0 . . . 0 . . .
4.75
4.61
-F-
Family; Defined; zoning . . . .
Fees, Building Permit. . . . .
4.92 (16)
. . . . 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 . . . . . . . . . . . . . . 1.22 (2)
Filing Conveyances; restrictions . .. 4.580
Filling, Excavating,Digging . . . . . . . . 3.100
Final Plat
Defined . .. 0 . .. 0 0 . .. .
Form for Council Approval .
Necessary Data . .. ...
Procedure . . . . .
Recording . . . . . .
Fines, Penalty . . . .
Fire Chief
Defined . . . . . . . . .
Election
Responsibilities . . . .
Fire Department
Defined . . . . . . . . . . . . . . . . 1.03
Volunteer Fire Department. . . . . . . 2.70
Fire Narshall
Election . . . . . . . . . . . .
Responsibilities
. . . . 4.503
. 4.522
. . 4.522
4.521
. . . . 4.521
. . . . 1.41
(7)
(15)
(5)
. . . 0 .. . . 1.03
. . . .. 2. 72
. . . . . . . 2.74
. 2.72
. . 2.73
Fire Regulations
Adoption; Fire Prevention Code . . . .
Amendments to Fire Prevention Code
Bureau of Fire Prevention
Burning Regulations . . . .
Code, Fire Prevention . . .
Definitions . . . . . . . .
Districts, Fire Preventions
Explosives, Storage .. .
Fire Lanes Established . , . .
Flammable Liquids, Storage
Gasoline Sales and Storage
Giving False Alarms
Insu6ctors . . . ~ . . . .
Marshall . . . . . . . .
Open Flames on Apartment Balcony .
Penalty . . . . .. . .
Permi ts . " . . . . . . "" . .. .. .
Petroleum Gases, Storage
Report . . . . . . . . .
Firemen . . . . . . . . . .
Fires; Use of water during ....
Floor and Roof Loads, Buildings. .
Floor Area; Defined; Zoning
Food Handling License. '
Care of Premises . .
Fees . . . . . .
I ce ~ . '" 6 . Ct II " ." -tr . $' .- . 0" It ..
Inspection . . . . .
Packaged Goods . . . . . . . . , . . .
Persons Hap.dJ.ing Foo'ds .
Regulations .. . . . .
Requirement of License
Restaurants ....
Retail'Stores
Soda Fountain . . .
Vehicles, Food. . . . .
Footings, Buildings . . . . . . '"
Forester, Dutch Elm Disease . . . . . . .
Fowl, Minimum Area for t.1aintaining
Front Feet; Wat~rf Determination of
Future, Past, Present Tense. . , , . . .
." . . 11
. . .
. . .
9.01(1)
9.04
9 .02
9.04(7)
9.01
9.01(2)
9.03
9.03(1)
9.07 ;'
9.03(2)
9.04(8)
12.17
9.02(2)
9.02(1)
12.15
9.06
9.05
9.03(3)
9 . 0 2 (3 )
2.76
5 .162
3.39
4.92(17)
8.10
8.13(1)
8.12
8.12(4)
8.14
8.12(3)
8.13(2)
8.13
8.11
8.12(6)
8.12(5)
8.12(1)
8.12(2)
3.37(1)
9.82
9.117
5.152
1.22(3)
- G -
Gambling; Municipal Liquor
Dispensary . .. ..
Garage; Defined; Zoning. . .
40 0 . eo
. . .
Garbage:
Defined; Public Nuisance
General; Public Nuisance.. . .
Defined; Sel'lerS .... ....
Rubbish and Garbage Haulers ..
Gas Appliances; Piping and Equipment
Gas Company Franchise . . . . . . . . . .
Gas Fitting Permit Fees . .
Gasoline and Oil Licenses .
. . .
. . .
Fees #> .. . .. . .. . . .
. .
. . .
Inspection . . . . . .. . . . .. .
License Requirement
Pump s . . e .Qo Or 0 . .
Safety Precautions .. ., . . . .
Station . . <II .0 1IIl" -." . . .0 "e .. . .
Storage Plant . . . . . . .
Gender;. NUinber ~J1.dTense; Construction
of . . .. .. .. .. .. . .. .. .......
.. .
.
General Business-GB; District Boundaries.
General Industry-GI; District Boundaries.
Glare; Performance Standards, Zoning
Glue Sniffing . . . . . . . . . ..
Go-Karts; Sno~...-mobile Regulations . .'
Government . . . . . ..'. . . . .
Green River Ordinance . . . . . . .
10.07(4)
4.92(18), (19)
(20)
9.101
9.100
5 . 0 1 ( 11)
8.140
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
4.108
4.66
12.13
11. 70
Chapter 2
8.50
- H -
Hawkers; Solicitors. . . , . . .
Headings of Sections . . .. . . . .
Height and Area; Buildings ... .,.
Higll\<lay Traffic Regulation Act;
" Incorporation by Reference .
-Highways; Obstructing or Damage to
H61iday; Business Closing . ". . .
. . .
Home Occupation; Defined; Zoning . . . .
Horses; Maintaining; Nuisance"
Horses) On. Public. Streets . . . . .. .
Hotel; Defined; Zoning. . . ,.
House Moving Permit Fees ..,.
Hbuse Services-Uti1iti~s;
Improvement Schedule .......
Housing t>1aintenance Code, Registrat.ion
of" Multiples . . . . . . ... . .
Human Rights COIll1uission . . . . . . . . .
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
3.150
2.110
- I -
Ice; Food License . . 0 . . . . . . . . .
Ice; Snow; Dirt and Rubbish
Removal; Streets . . . . .
Immunity; Governmental for Civil
Defense .. . . . . . c . . . 0 . . 0
Impounding of Vehicles . . . . . . . . .
Authority to Impound . . . . .
Bids; Poundkeeper .. . . . . . . . .
Bond; Poundkeeper . . . . . . .
Contract; Poundkeeper . . . . . . . .
Fine or Penalty . . . . . . . . . . .
Insurance; Poundkeeper . . . . . . . .
Poundkeeper ..... . . . . . . . .
Release . . . . . .. .... . .
Removal . .. .. . .
Report 0... f:l . . . .. . 0 0
Restrictions While Impounded . . . . .
Towing and Storage Charges .. ..
t-Jork on Vehicle . o. ......
Imprisonment; Penalty. . . . . . . . . .
Industrial Wastes; Sewers. .... .
o . . 0
Inspection; Food License . .
Installation of Meter; Sewer . . . .
Interceptors; Grease, oil and sand;
Sewers .............. 0
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 -
o . 0 .
5.11
3.41
4.92(23)
- L -
Landscaping; Performance Standards;
Zoning-. . . . . . . . . . . -. . .
Large Units, Sewer Rates and Charges
La1.hidering; Self -Service Dry Cleaning
License, Car Wash. . . . . . . . . . . .
License, Christmas Tree Sales . . . . . .
License, Rubbish and Garbage Haulers
~icense, Self-Service Dry Cleaning
and Laundering . .,....
License, Water .. ......
Licensing; Business and Amusement:
Procedure .. . .- .
Application
F.e eo." <to ,. Ii' . .. . . !I .'
Issuance of License
Responsibility . . . .
Revocation . . . . . .
Term of License
. . .
.- ..' .
". . .
. ". . fI"
. . ." CIo
Transfer . . ~ a"
," It iO 0
II' .. .
Lifts, Sewer . . . . . . . .
Lighting, Street. . . . . .. . . . . .
. Assessment . . . . . . . .
Council Resolution . . . . .
Determination of Location ... -.
Hearing ~ ~ Q Q ~ "0 0" - 0" ~ .
Notice . . . . . . . .
Quarterly Billing
Record of Costs
Limited Business-LB:
District Boundaries
Limited Industry-LI:
District Boundarie ...
Lines, Sewer . . .. .
Liquor Dispensary, Municipal .. .
Audi t '. ... . . . . . .
. . .
.... .
. . .
. l:l l' . .
'.
Beer " . I ~ 4 " . ~ '" .;
Conditions of Operation ..
Credi t Sales . ~. . . . . . . .
D~finitions ..... . .
Dispensary, Est?b1ishment . . .
Employees . ..
Fund, Dispensary . .
Gambling . " ..
.. . .
. .-
. . .
iii . I': . "
. . .
.. . . Q "
4.64
5.53
8.120
8.130
8.110
8.140
8.120
5.145
8.00
8.02
. 8.05
8.03
8.08
8.06
8.04
8.07
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 . .
Location . . . . . . . . .
Manager . . . . . . . . . . . .
Minor . .. ...
. . . 0
. . .
. . .
. .
Off Sale
On Sale
Operation . . . . . . . . . . . . . .
Pool Tables
Litter . . . .
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
lO.04(1)
10.01(6),
10.07(6)
IO.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
- M -
Maintenance; Performance Standards;
Zoning Cl Go , go q . . ~ . oil . . . .
Manufacturing Uses; Defined; Zoning. , .
Masculine and Feminine; Rules of .
Construction
Mayor:
. Defined ' . . .
Salary c . .. 0 II ~ Go .. . . r.
Medical Uses; Defin~d; Zoning,
Meter Flo\'l Charges; Sewer ,
Meter Installation; Sewer ~ .
Metering; Sewer . . , . . . .
Meters~ Water . . . . . . . .
-Minimum Charges; Sewer .
Minimum Standards; Defined; Platting
Minneapolis Electrical Ordinance: .
Adoption by Reference .. . , . . . .
Minneapolis Gas Piping Ordinance:
Adoption by Reference . . . .
Minneapolis Plumbing Code:
Adoption by Reference . . . . .
Minnesota Rules of Construction ."
Minor Street; Defined; Platting .. .
Minors; Sale of Liquors . . -, .
Mis deme ana r , . . . . , . , . . . .
Mixing Intoxicating Liquors and
Other Beverage~ .... . .
Motel; Defined; Zoning
Motor Vehicle Regulations:
Incorporati6n by Reference . . . ,
Multiple Residence~MR:
Approval of Planned Development . . .
Design; -Zoning Standards ,.,.
District Boundaries . . . . . . . .
Open Flames on Balcony, Offense . . .
Registration; Housing Maintenance
Code . <: 9' . . .. -; .. , Cl ... . .
Requirements for Construction
lVateT Rates If It.'. I) . . . . . .
Municipal Liquor Dispensa.ry - See
Lic.uor Dispensary, Municipal
Municipal Plan; Site-Improvement
Agreement and Plans . . . . ,
.. lit . <l>
. . .
.." .
. . , 1I
. .
4.65
4.92(30)
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)
3.63
3.81
3.71(1)
1.26
4.503(10)
10.07
1.41
10.30
4.92(32)
11.12
4.85
4.78
4,103
12.15
3.150
3.50
5.169(2)
4.631
- N -
Narcotic Drug . . . . . .
Non-Conforming Uses ...
Defined . . . . . . . .
Nuisance Characteristics;
Performance Standards; Zoning. . . .
Defined; Zoning . . . . . . . . . . .
Nuisance, Public:
Animals . . . . . . . 0 0 . 0 0 . . .
Dangerous Buildings ........
Dangerous Excavations . . . . .
Dutc hElms . . . . . . . . . . . . .
Unwholesome and Unhealthy Litter . .
i\Teeds . . . . . . . . . .....
Number, Gender and Tense. . . . . . . .
..00.00
. . . 0 .
. . .
- 0 -
Obstructing Waterways . .. ......
Occupancy, Certificate of . . .
Office Uses; Defined; Zoning. .
Officials, Defined .... . .,...........
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 ..........
O"mers 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
Park and Recreation Commission . .
Park~ng' ne~in~~~-n P-roh~~i.~o-
'-:!~" j.J __....._.l.\,./.1"... "_J......_"".... ll,
Signs <c;' t< .. " ~ I' . 0 #0 e
Dark.~n". De-~o~mancp ~._-~~~~s.
.,2. . J..j b:r J:: ~ J....;. 1..11 j, ...... v (,c o...t.!. Ua..;;.. \.l. .~
Zoning 6 \I ~ b " .. ll: e' ~ ... .. co
Parking" Regulations . . . . ..
Time L :Lilli t . . . . . . . . . . 0 . . .
Parking Space; Defined; Zoning
Past, Present and Future ~en~e
Payment; Building Permit Fees . ,
Payment; Water Charges , . . , , ,
Pedestrian Traffic"; Performance
Standards; Zoning , . , . . .
Pedestrian Way; Defined; Platting
Peddlers~ Solicitors
Penalty, General
Buildin.-g ~ode . . . . . . . . .
Electr~cal Code , . ,
Performance Standards; Zoning.
Permits: Building:" "
Applj~cation It Ci& . e ~ ~. .~ 0
Electrical . . . . . .
Filling, Excavating"
Fees ". , "
Gas '" . . . , o' .
Granting . , . . . ,
Po~m~6e . Wa-D~ rO"n~c'~ -n
."""" L.~ t..~ ft. ." ~~t'''''h J: .tl..t_: \.,.~:"...;., ~ : ~ .
Permlt~ed Dses~ Zon~ng Dls~rlcts
Persons D"efined , . ". , , .. ."
Pinball Machines, License. . . . . . . .
Definition . . . . . . , . . . 0 . , .
Fee . cl& 0' . ~ .;. :it' ~ 0
FQJ7m 'and Display . ,
Gambling Prohibited
License Required . . . . . ,
Minors Operating Prohibited
ReVQcation . ,". . . . , . . .
Pipe Specifications-; Sewer
. . .
... .. !l
. ."
.. 0 ...
~ ,. ...,
c: ~ f <)
.' .
~ <; 0,
8 . 12 ( 3)
2.80
11~80
4..68
11')20
11e24
L!. Q?(-:Z~)
~ ..... W '-.JV</"
1 ? ? (3)
,J....~...... \.. .
3.03(1)
5.153
4..72
4.503(12)
8.50
1.40
3~57
~ /" r"f
;)&Q/
4.60
:5.fn
3~62
3.101
3~ 0 3.} 3 ~ 0 4
~ P"
,:, ~ 0 t.~
. .
"tf'\ "i
J~U~
5.146, 5
4030
1~23
8.80
8.81
8.83
8,84
8.85
8.82
8.86
8.87
5 09 ^l)
~. . t,.""
Plan, Civil Defense . . . . . . . .
Planned Developments, Exceptions to
. . .
Minimum Requirements - Zoning . . . .
Planning Commission . . . . . . . . . . .
Abolition .. ........ . .
Advisory .. 0 e 0 ~ 0 . 0 0 . e
Authority . . . .... . . . . .
Cha irman ........ . . . .
Composition . . . . . . . . . . . . .
Councilman as Member . .... . .
Du~ties .... ~ . .... . . . . . . . ,. 0 co.. 0 " . . 0 . .
. . .
Establishment ..... . . . . . . .
Meetings . . . . . . . . . . . . . . .
Minutes . . . . . 0 eo. , ~ 0 . . ..
Numbers of Members . . . .
Organization . . . . . . . . . . . . .
Purpose . . . . . ..... . . .
Secretary ... . . . . . . . . .
Special Meetings . . . . .
Term of Office .. .. . . . . . .
Platting:
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)
4.532(5)
4.532(2)
4.522(11)
Definitions - Platting .
Development Contract . . . . . . . . .
Easements:
Utilities . . . . . . . . . . . . .
Drainage .. . . . . . . . . .
Fina 1 Plat . 0 . . .. . . . . . .
Form for Council Approval; Final
Plat .. . . . . . 0 0
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 ..........
Inspection .............
Profile; Street Grade . . . .
Seal Coat; Streets . . . . . .
Sod, Boulevard, Trees, Street
Signs . . Q . 0 . 0 0 . 0 0 0 0 . "
Surfacing; Streets . . . . . . . . . .
Inspection of Improvements after
PIa tt ing . . . . . . . . . . . . . . .
Intersections; Final Plat .. . .. ..
Land Use Plan; Defined . . . . . . . . .
Lots:
Butt Lots ..............
Location ..............
Lot Lines .... . . . . . . . .
Remants of Lots .. . . . . . . .
Size . . . .0 . 0 . . . . . 0 . 0 . .
Minimum Subdivision Design Standards ..
Necessary Data:
Final Plat . . .
Preliminary Plan
. ,
. . .
. . .
o 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)
!}.552
4.554(6)
l:. . 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 . . . . . . . . . . . . . .
Adoption . . . . . . . . . . . . .
Owners Certificate; Final Plat . . . .
Parks, Playgrounds 0 . . . . . . . . .
Pedestrian Ways ..... . . . . . .
Performance Bond . . . . . . . . . . .
Plan A Plat ....... . .
Plan B Plat . . . . .. . . . . 0
Planning Practices .. .. . . 0 .
Preliminary Plan ..........
Procedure:
Final Plat . . . . . . . . . .
Preliminary Plan . . . . 0 . .
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
Muaicipa1 Plan. . . . . . . . . . .
Plumbing Code .....
Adoption - Minneapolis Plumbing Code .
Application for Permit . . . . . . . .
Bond for Permit ..........
Enforcement . . . . .
Insurance for Permits ....
Permits .. . . .
Qualifications for Permits . . . .
Plumbing Permit Fees ..... . . . . .
. . . .
. .
. .
. .
. . 0 0
~
4.621(6)
4.623(4)
4.522(13)
4.534
4.535(1)(b)
4.561(4)
4.561
4.562
4.531
[,l.510
4.521
b...510
4.533(5)
4.50l
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
3.7l(l)
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
~l. 92 (40)
1.09
2.6l
- Q -
Qualifications for Permits:
Electrical ... ..
Plumbing . . . . . . . . .
. .
- R -
Radiation Emissions; Performance
Standards; Zoning . . . . . .
Rates, Sewer . . . . .
Beginning Service . . . . . .
Connection Charges . .
. .
. . . 0
Definitions .. .. . .. . .
Estimated Bills ...........
Flat Charges . . . . . . . . . . . . .
Industrial Waste . . . . . . . . .
Installation of Meter ........
Large Units ........ . . .
Meter Flow Charges . .. .... .
Heter Installation .........
l\-ietering 0 0 . . 6 Ii . . . . . . . .
Minimum Charges . . . . . . . . .
Sewer Operating Fund . . . . . . . . .
Use Charge . . . . . . . . .. . .
Rates, Hater:
Hultiple Dwellings . . . . . . . . . .
Schools .. . . .
Single-Family Residence .. . . . . .
Recording Final Plat .. .
. .
. .
. .
. .
3.62(3)
3.72(3)
. .
4.76
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)
Records, Fires .. . . . . . . . . . . .
Recreation; and Park Cownission . . .
Refuse; Defined; Public Nuisance
Refuse; Performance Standards; Zoning
Registration, Voteisand Elections '. . .
Reli.ef Association, Firemen's. . . . . .
Repairs, Minor Electrical. . . .
Repeal 0 . CI C III . . a ~ 0 . . .
Residential, Buildi.ng in Other
Districts . . .'. . . . . . .
Residential Areas; Parking;Zoni~g. . . .
Rest Home; Defined;' Zoning . . . . .
Restaurants, Food License.
Retail Business-RB:
District Boundaries . . . . .
Retail Shopping; Defined; Zoning . . . .
Retail Stores~ Food License .~ ~. . . . .
Rezoning . . . . . . . . . . ..
Zoning Form . . . '. .... . .' .' '. '. .' .
Notice .,. ..... . .
Hearing . . . Cl .. Cl .. " . flI III .. ..
Planning CommisslouRec'ommendation . .
Roller Skating Rinks' . . . .. . . '. . .
. Alcoholic'Beveragei . .
Application for' License ., . . . . .
Curfew . .. . . .. ...
Definitions . . . .. . .
Fee . . IiII .. 0"" 0 . 0. " . " .
Hours 0 eo. <<I Co 6. ".
Illumination . . . . . . . . .
Inflammable Decorations. . . . . . . .
License Required . ~'. . . . ..
Posting License . . . .
Smoking c . 0 0 . ~ . -. . . .
Speci~l Police Officer · ., .
RQ 0 f s .. . '. " . . 0 . . . . . . . f. .
Rubbish, Dirt'Removal, Streets . .
Rubbish and Garbage Haulers, License
Rules of Construction; General. . . . . .
Zoni~g . 0 . . . . . . .' ~ II III . ~
2.75
2.80
9.101(7)
4.62
2.12
2.76 (4)
3.62(4)
1.27
3.51
4 . 68 ( 5.J- ( 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 . 8 Z ( 4)
8.90 .
8 . 9 5 ( 3.)
8.93.
8.95(4)
8.91
8.94
8.9S{S)
8.95(1)
8.95(2)
8.92
8.95(7)
8.95(2}
8 . 9 5 ( 6)
3.48
6.32
8.140
1.20; 1.21
4 .91.
Salaries, Mayor and Councilmen . . .
Sanitary Sewer District . . . . . . .
Schools; Peace, Quiet and Good Order
Schools; Water Rates . . . . . . . . . .
Screening; Performance Standards-;
Z oning ~ ,. . (> .. . . ... . (J . . . . . .
Screening; Zoning Requirements .
Separability Cl~use . ~ . . . . .
Separate Violations . . . . . . . . . . .
Service Road, Defined; Platting .
Service Roads; Data for Final Plat
Set-Backs
Defined; Platting . . . . . . ~ .
Defined; Zoning . . . . . . . . . ..
Exceptions to General Requirements . .
Sewage Works, Defined. . . . . . . . , .
Sewer:
Building Se\>lersand Connections. . .
Backfilling; Private Disposal ....
Cesspools . . . . . .
Charges:
Uses It q . . . III . .
Connection Charge A
Connection Charge B
Connection Charge C ..
Connection Charges D-and-E ..
Connections -
After Notice
Involuntary
Cos t Q 0 11 . . .' ~ .- . e- .. o.
11 . . "
. -.
. ." .
. .-
. , .
. . .
.' .. ".
. .-
. .' " .
. 0- .
. '. .
Damages ." 11 . . b e" 0 . .. .
Definitions . ... . . .
Depth Limi ta tion; Pr-i vate -Dispos a1
Deposits, Unlawful. . . . . .. .
Dumping ;pri.vate Dispbsa1 . . . .
Elev~tibn Qf Sewer. . . . . . _4 .
Gasses, Wastes, Noxious Substances
Discharged into Sanitary Sewer-
Industrial Wastes ...... . .
Interceptors, Grease, Oil and Sand . .
Involuntary Con~ection . "
Joints . . 111 . "." " 0 . . . ,. It . C
2.21 "
5 .130
12.16
5.169(3)
4.63
4.63
1.28
1.42
4.503 (15)
4.522 (1--2)
4.503(16)
4.92(44)
4.23
5 . 0 1 ( 1)
5.06
5.05(6)
5.04
5.07
5.80
5.90
5.110
5.190
5.06, 5.12
5.03
5.120
5.07
5.19, 5.22
5.01
5.05(11)
5 . 0 Z ( 1)
5.05 (6)
5 .09(3)
5.16
5.18
5.17
5.120
5.11
Lifts 6 0 e _ ~ .. If . fl .. . . . .
Lines, Sewer. . . . . . . . . . . . .
Permits fOT Building or Connection
Pipe Specifications
Pollution of Water .
Private Sewage Disposal
Private Systems . ... ~ .
Ra tes '. . . . . . . .
Restrictions . . . . . . . . . .
Septic Tanks . . . . . .
Sewer Lines . . ~. . . . . . . . .
Specifications .......
Surface Waters; Disci:largeinto
Saui tary Sewer . . .' .
Unlawful Deposits .. . . . .
Wastes, Industrial.. . . . .
Water Pollution . · . . .
Sewer, Defined . . . . . . .
-Combined ~ . . . . . v .. 0 . . 0 .
Pub Ii c " C G . . . tJ . . .. .. . -. . . .
Sanitary .... . ..
Storm . . . .
Sewer Permit Pees . . . . . . . . . .
Shopping Centers, Set-Back Exceptions
Shutting Off Service; Sewer. . . . .
Sidewalk, Defined .........
Signs; Performance Standards, Zoning .,
. Defined; Zoning . . . .
Single-Family Re~idence-SR:
. District Boundaries . . . . . . .
Water Rates . . . . . . << . . . .
Singular and P~ural, Construction
Smoke. Nuisance Characteristics . . . . .
Snowmobile and Go-Kart Regulation . . . .
Snow Removal . . . . . ~. . . . . . . .
Park;ng' .. . . . . . . . 1J II. ..
Soda Fountain; License . . .
Solicitors, Hawkers, Peddlers. . . .
. . .
. . .
5.09(4),
5.08
5.06
5.09(1)
5.02(2)
5.05
5.02(3)
5.50
5.02
5.04
5.08
5.09
5.15
5.02(1)
5.18
5 . 0 2 (2)
5.01(5)
5.01(6)
5.01(5)
5.01 (7)
5 . 0 1 ( 8)
3.11
4.23(8)
5.84
1.07
4.67
4.92(45)-(53)
4.102
5.169 (1)
1.22(1)
4 . 77 ( 3)
11.70
6.32
11.25
8.12(1)
8.50
Space Requirements~ Building
Specifications~ Sewer. .. .
Special Uses, Zoning . . . .
Criteria. for Granting
Listing of Special Uses ....
Permits ~ 0 ~ ~ G ~ e . . . .
Spraying Trees, Dutch Elm Disease. . . .
Standa.rds for Apartments,
u It" '1~ D- 1~'
i'1.U_ J.pJX ! \v8.l.1.J.ngs . .". . . . . . . .
Standards for Performance, Zoning. . . .
State, Defined . . . . . . . .". . .
Street Cleaning; See Cleaning , St-reet
Street, Defined . . . . . . -. . . . .
Street, Excavations . . . . . . . . .
Street, Lighting; See Lighting) Street
Street, Name Changes ."..". . . . . . .
Street, Restriction on Use of 49th Ave.
and Railroad Tracks . . . . . . .
St.reet Width; Defined; Platting . .. . .
Streets; Construction Requirements . . .
Bas e ~ 0 " ~ .0 .. . 0 . .. ..
Curb and Gutter . . . . . . . . .
Grading " III 0> . Ii I:J- .- . . .' $ .. . . .
Seal Coat 0 a . . e 6 . . 0 .
Sod, Boulevard, Trees, Street
Signs . (l " . . -.- .. . .0 . .' . ..
Surf~cing q . . . ~ . . . . . .
Streets; Data for Final Plat . . . .
Streets, Vacating; See Vacating of Streets
Subdivider a.nd Subdivision;- Defined.
Sunday eIos ing . . . ',' . . . . . .
Superintendent; Defined; Sewers . . . . .
Superintendent, Water Department
Surface Waters, Discharge in Sanitary
Se~le rs .... .. . .. . .0 : . .- . ...
Subversion~ C~vil Defense . .
Swimming Pools; Private. . .
'.
3.36 ,
5.09
4.40, 4.83
4.43
4.45
4.42
9.89
4.78
4.60
1.40 .-
1.06, 4.503(18)
6.60
APPENDIX A
1.30
4.503(17)
4.SS4(3}
4 . 554 (3) (C)
4.554(3)(C)
4.554 (3) (B)
4..554(3) (E)
4.554 (3) (F)
4.554 (3) CD)
4 . 5 2 2 (3) (5) (9)
4.503(19)(20)
8.10 Q. .
5 . Ole 2)
5.143, 5.144
5.15
2.65
3.160
- T -
Target Shooting . . . . . . . . . . . . .
Taxes Paid; Final Plat
Temporary Dwellings . . . . . . . . .
Tense, Number and Gender,
Construction of . . . . . .. . .
Time, Computation of . . . . . . . .
Traffic Control; Performance Standards;
Zoning . 0 . . . . Cl . . . . . 0 . . .
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
LJ.. 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-
Unclaimed Property . . . . . . . . . . .
Disposition ........
Former Owner, Payment ...
Method Disposition, Sale . . . . . .
Unsafe Conditions, Correction, Gas . . .
Uniform Code Adoption by Reference;
n 'In'
'L"l-!~. ,>"'" ~ng . . . 0 0 . . . 0 . 0 eo-.
Use Charge, Sewer .......
Uses, Zoning
Accessory. . . . . . . . . . . . . .
Permi tted ...
Special .~ . 0 . . . . . . . . 0 . .
. .
. . .
. . .
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 . . . . . . .
Resolution .............
Vacation; Dangerous Buildings .....
Variances; Platting. . . . 0 . .
Application . . 0 ... . . .
Grounds .. . .. ... . . .
Necessity . . . . .. .. . .
Non-Injurious . . . . . .
Special Circumstances ... . 0 .
Variances; Zoning. . 0 . . . . . . . . 0
Zoning Form . . . 0 . . . . . . . . .
Reference to Board of Appeal and
Adjustment .. . . . . . . . .
Vehicles, Food, License ... . . .
Vehicles, Impounding - See Impounding of
Vehicles.
Ventilation, Buildings . 0 . . .
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
l.~ .572
4.571
4.571(2)
4.571(3)
'.~. 571 (I)
4.84
4.84 (1)
4 . 84 (2 )
8.12(2)
~L43
1.01
1.01
4.503(22)
2.66
- Z -
Zoning:
Accessory Uses . . . . . . . . . . . .
Apartments, Standards ......
Approval of Planned Development,
. Multiples . . . . . . . . . '. .
Certificate of Occupancy . . . . .
Definitions .... . . ~ . ...
District Boundaries .......
Business --RB ... . .. .. . . .
General Business- -GB . . .
General Industry--GI ...
Limited Busines's- -LB. . .' . '. ..
Limited Industry--LI .....
Multiple - Family Residence- -MR .
Single-Family--SR . . . . . . . . .
Districts, Defined. . . . . . . . . .
District Minimum Requirements.
Dri veway Aprons .... .... . . . '.
Encroachments, Permitted ... . . ..
Enforcement of Zoning ....
Exceptions and Additions to.
Minimum Requirements .......
Lot and Building Res trictions
Minimum Requirements, General ..
Multipl,e Dwellings, Standards.. .. . .
Non-Conforming Uses . . . . . . , . ~
Perfomance Standards ....
Air Pollution ... ~ .
Archite6ture .. . .~ . .
Drainage . .. .. ..
Explosives ... . . . . .
ExteTior Storage ......, ~
Gl are . ~. .. . . 0- . . ... 0"
Landscapi~g . . . . . . .
Main tenance . . .....
Noise.......
Nuisance . . . . . . . . .
Odors . 0 . :". . . . . . . 0
4.50
4.78
4.85
4.15
4.92
4.100
4.105
4.106
4.108
4.104
4.107
4.103
4.102
4.21
4.22
4.79
4.12
4 . 200
4.23
4.11
4.14
4.78
4..13
4.60
4.77(3)
4.74
4.73
4.75
4.60
4..66
. 4.64
4.65
4.77(1)
4.77
4.77(2)
Off-Street Loading
Parking . . . . '. . . . .
Pedestrian, Traffic
Radiation . . . . .
Refus e . . . . . .' . . . .
Screening . .' . . . ..
Smoke 0'. <fJo" ..- . . . ." . -. 0
Signs . It . .. .. o' . . .
Traffic Control -. ..' . . . . .
Vibration . . .' .' . '. . .- .' . . . .
Was tes It. . ." . '. . . . .. o. .
P~rmitted Uses '. . . . . . . . .
Temporary Use Subject to,
Licensing ~. . . . . .
Re zoning . . '. . . . . .
Adjournment of Hearings . .
Adjournment atPetiti-oner's
Request ." 0" -.- . ." . >.-It ." . . .
Hearing . ~- . '~ .. . . . '.
Notic~ . . . . . .
Recommenda tions 'and T-imeto Act. .
Zoning Form . ~ ... ~. . ..
Rules or Construction . .. ...
Set-Backs:
Adjacent to Residential
Along Thoroughfares . . . . . .
Indtistrial bistrictsAdjacent
to Railroads . . . . . . . .
Intersections With Rai1roads . . .
On Part of 49th Avenue .' . . '.
Planned Developments .'~.....
Shopping Centers .. . . . ...
S . 1 U
pecla... ses . . . . . ..' . .'
Criteria for Granting . . . . . . .
Listing of Special, Uses . . . .
Permi 1:5 .' ..' . . .
Variances '. . . . ~ . . .
. . .
. .
. . .
. .
. .'
4.69
,.
4.68
4.72
4.76
4.62
4.63
4,.77(3)
4.67
4.71
4.77(3)
4.77(6)
4.30 ;-c'
4.31
4.80 ),4 .82
4.82(5)
4 . 82 (6)
4.82(3)
4.82(2)
4. 82 ( 4 )
4.82 (1)
4.90
4 . 23 (2) (3)
4 . 2 3 ( 4)
4.23 (1;1)
4 .23 (6)
4 . 23 ( 5)
4.23(9)
4.23(8)
4.40
4.43
4.45
4.42) 4.83
4.84