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1971 ORD ORDINANCE NO. 71-1 AN ORDINANCE ADDING SECTIONS 9.150 THROUGH 9.153 TO THE VILTAGE CODE, PROVIDING FOR RE~MOVAL OF SNOW FROM OFF-STREET PARKING FACILIT~S; PROHIBITING DEPOSITING SNOW AND ICE IN CF~TA1N PLACES; AND IM- POSING PENALTIES FOR VIOIATION THEREOF. The Village Council of the Village of New Hope ordains: Section 1. Chapter 9 of the Village Code is hereby amended by adding thereto Sections 9.150 through 9.153 to read as follows: 9.150 SNOW REMOVAL Section 9.151 Definitions. The following words and phra.~es when used in Section 9.150 through Section 9.153 have the meanings as set out herein: Subd. (1) Person. "Person" means any person, firm, corpora- tion, partnership, association, company or organization of any kind. Subd. (2) Roadway. "Roadway" means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. Subd. (3) Sidewalk. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Section 9.152 Snow to be Removed from Parking Facilities. Every person in charge or control of any lot or parcel of land in a Multiple Residential District (Section &.lO3), Limited Business District (Section &.lOb), Retail Business Dis- trict (Section &.lOS) or General Business Dis- trict (Section &.lO6), whether as owner, lessee or otherwise, and the lawful use of the premises requires off-street parking facilities be pro- vided, shall remove or clear away, or cause to 9.180 THROugH e{~3 ~O T~E VIL~ SNOW F~O~ ~*-STREET PARKIN~ FACILITIES P~O~TINg DEPOSITING z SNOW AP~: tO~ HH C[~TAIH P~CES: A~D 1~05t~,,9 ~E~ALT~ES ~R ~ VIOLATION THEREOF. of New Hope ordained[ ,., ; THE NEW HOPE-PLYMOUTH POST ~c~on 1. Chap~ 9 ~ ~e Village · Code Is hereby.'amen~d,by addin~ ~ereto Sections 9.150 t~ough 9.153 . AFFIDAVIT OF PUBLICATION 9,150 SNOW REMOVAL Section 9.151 ~f~io~s. ~e following w0~;and phrases when used ~n Sectio~SQ ~rough Sec- tion 9.153 have ~e ~l~s as ~t STATE OF MINNESOTA out herein: ~ ' ~, ~. (1~ Per~m , COUNTY OF HENNEPIN co~Fatio~, partnership, association, company or or~ization of any kind. Su~ ~2) Roa~ay. "Roa~ay" moans that ~rtion of a E.C. L'Herault, bein~ duly sworn, on ~ ~ys he is and during ~1 [he ~m~ herein s~t~d h~ been street or highway improved, d~gig~d the President of The Post Publishing Co., publisher and printer of the newspaper known as ' THE NEW HOPE-PLYMOUTH POST or ordl~rily u~d ior vehie~ar travel, exclusive of the ~ or- shoulder' ~ i ~d has full knowl~e of the facts herein s~ted as follows: Said newspaper is printed in the English language in no.paper femur and in column and Su~ (3)Sidew~k. ; ~ ' '~ ~ee~l~orm equiv~ent in printed space to at least 900 square ~ches. (~) Said newspaper is a wetly "Sidewalk" moans t~tr~rt~n of ~ and is distributed at le~t once ~ch week. (3) Said new~aper has 50% of its news col.umns devoted to a street ~'een ~e curb ltn~s, or ~e news of lml inter~t to the community which it purports to serve and does not wholly duplicate lateral lines of a roadway, ~ the ad-~', any other publication ~d is not made up entirely of patents, plate matter and advertisements. (4) ~eent pro~rty lines infen~d for th~ S~d nuwspaper is circulated in ~d n~r the municipality which it purpo~s to serve, has at ~st use of m~strians. e~i~ regularly delivered to pa~ing sub.fibers, has ~ average of at least 75% of its ~ circulation Section 9.15g ~ow to b~ R~move~ ~rr~fly paid or no more than thrse months in arrears and, h~ entry as second-class maker in its l~al from ParkingFaeiliH~s. ~st-office. (5) Said n~spaper purports to serve the ':~ Eve~ person in eMrge or control . Villagea of New Hope and Plymou~ 'of ~y lot or parcel of land in a multi- ~ in the County of Henn~in and it has i~ ~own office of issue in ~e City of C~stal in said county, es~b- ~pl~ Residential District (Section4.103), llshed and open during its regular business hours for the gathorlng of news, sale of advertisements ~d ~e of Limited B u sine s s District (Soctfo~ -~ sub~ripfions and mainlined by the managing officer of said newspaper or persons in its employ and subj~t '4.104), Retail Business District to ~s dir~fion and control during all such regular ~rs and at which time sai~ newspaper is prinled. tlon 4.105) or Goneral Bus.ess Dis- (6) Said newspaper files a cop7 of each issue immedlatoly with the S~te Historical S~mty. (~) '~trict (Section 4.106), who~erasowner~ ;. uew~p~ has complied wi~ all the foregoing conditions for at least two years preceding the ~y or los~e or othello, and ~e la~l"~f dates of publi~tion mentioned below. (8) Said newspaper has fil~ with the Secretary of S~te of .;Use of the promi~sroquiresoff:streei ~ Minneso~ prior to Janu~y 1, 1966 and e~h January 1 thereafter an affidavit in the form presc~bed '~arking facilities beprovided, shall r~2 5} by ~e Seere~ of S~te and signed by the m~a~ug officer of said newspaper and sworn ~ before move or clear away, or cause ~ ~ a ~ot~I public stating that the newspaper is a legal newspaper. ~emoved or cleared away ~ow from. { ~t an area providi~ the numar of He fu~her s~tes on oath that ~e p~nted ........................................... off-afoot parking spaces as deter- mined by the requirements of Section 4.68 Subdivision (8) is roa~nably .................................................................................................... c~ared. SUch snow removal shall ~ c0mploted within a reaso~bletime, bu~ hereto attached as a pa~ her~f w~ cut from the columns of said new~aper, and was printed and ~t later than the end of g4 hours after t~ cessation of any fall of snow. ~etion 9.153 Depositing of Snow and publlsh~ therein in the English lan~age, once ~ach week, for ...... successive weeks; that it Subd. {1) Sidewalk or ~adway. . ........ day o No ~r~n shall de, sit or cause first so publish .......... the~ ~ ~ de, sited any sn~ and ice on or / against a fire hydrant or on any side- 19.~/ ~d w~ ther~fter printed and published on eve~ .......................... to and including W~k or roadway. ' ~. (2) Hazaraous ~laces. (a) ~e Chief of Police is hereby ~le .......... ~y of .......................... 19 .... and that the {ollowlng is a prlnt~ c~y of the authorized to de~rmi~ ~d des- i~ate places where depositing ~ow and Ice would create an lower case alphabet from A to Z~ both incluslve~ and is hereby acknowledged as being the size and e~c~lly hazardous condition or would cause unu~a delay to kind of type used in the composition and publication o{ said notice, ~ wit: traffic. ~) When a copy of ~e order desig- ~tin~ a Mzardous place as pro- a~d~ghij~mnopqrstu~yz--6 pt. ~ews Te~ rifled in (a) a~ve is ~rved on abcdeighiiklmnopqrsfuvwxyz~6 pt. Yogue ~the per~n in c~rKe or control of tho lot or parco] of land, wi~. in the ~me manner as a : ~mmons in a District Court action Is served, no ~rson shall there~ter d~slt snow or ice ~ on the place so desigmted. (c) ~onevor tho Chief of Polic~ shall determine that a plac~ ~_do~slt snow or 8ubscrib,d ~d .worn to ~{ore~ ~. ~ ...... cau~ of the of ~' ice e rear .... espec~lly haz- ~ d~~D~AD 19.. unu~al delay to traffic, ho shall notiI~ the per~n ~ charge or ~~~ as a ~mmons in a Distriet iNOT~AL Court action is ~rve~, to remedy ffdch condition by re- Notary Public.. .................. County, Minueso~ existence of a de. sit of snow or me creating ~ o~oelally ~y Commission ~xplres ......................... 1~ ...... hazardous condition or causing an unu~al delay ~ trifle shall constitute a nui~nce. Any ~r- mn who fails or refu~stocom- ,;, } ~}Q~?/; . . . i :Y} pig with the ~tlce given by the vided, within ~ven ~ys, is ditlon theretc, the Village shall have all rights granted to it by }~ law to abate the nuisance. SecUon 2. Separability. tf any sec- · ORDINANCE NO.. 71-W~- AN ORDINANCE ADDING SECTION .9 ..O8.~ TO..THE VILLAGE ·CODE EMPOWERING. THE PIRE. MARSHAL 'IN CHARGE DP THE BUREAU OF PIRE PREVENTION ,TO PERMIT iTEMPORARY PARKING IN FIRE L~tNBS. The Vill.age Eouncil. of .the Vill.age of New.. Hope ordains: iSection '1.' Chapter 9 'of .the'.' Village Code 'is. hereby amended by .~gdd'i.ng thereto. Section 9.08 to-' read as 'followS: "Section 9.0 8..: T~e~pjo'r.,ayi¥~ .U.s]e'~ ~o'f Fi're' 'Lanes .' .The Fire Marshal in charge of the Bureau of Fire Prevention is. h~.reby authorized tot .dete"rmine and designate 'on a temporary basis ," those 'fire lanes 'establ'ished. under. S.ection 9.0?, and orders pursuant :thereto, upon w~ilch parking of vehicles :shall be per- mitred, when in his 'opinion, necessary for pubIic safety or convenience. The Fire Marshal shall co.ver, with a locked canvas bag bearin~ the' words "Pi.re Lanes Not Bnfor. ced" each sl-gn erected under section 9.07 desig- nating' the fire lane when parking thereOn is al lowed." ' Se'Ct'i:onl 2. This o.rdinance shall be in full force and effect '.from 'and after its pass.age' 'and publication. Passed by the Village Council of the Village of NDw .A tte s t: ~. ~/ Jr-e a~s Ure r. ' / Publish:ed in .the iNeWl HoPe-PlY. mo. uth. Post' i:. ~,~.=~-'' ~, '~' '.. 'i .... , 1971. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~ SS. E. C. L'Herault, being duly sworn, on o~th says he is and during all thc times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in ncv~paper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. ($) Said newspaper has $0% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at ~ $00 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than thrse months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaPer purports to serve the Villages of New Hope and Plymouth in the County o£ Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hcurs for the gathering of news, sale of advertise~nents and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his ~llreotlon and control during all such regular hours and at which time said. newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the r ......... ~ .............................. : ......................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Eng~sh language, once each week, for.../...%tccesslve /v~eeks; that it was first ss published on../;..~./..~..0.~.~.~.~.'..~..<.~..~.~.7~. ............. the.. ..... day 19~//... and was thereafter printed and puhllshed on every .......... · ............... to and including the .......... day of .......................... 1~ .... and that the following is a printed copy of the lower ease alphabet from A to Z, both inclusive, and is hereby acknowledged as being the siee and kind of type used in the composition and publication of said notice, to wit: abcde/ghilklmnopqrstavwxyz--6 pt. News Text abcdeighiiklmnopqrstuvwxyz~& pt. Vogue .............. Subscribed and ..:::~ to ~fore Notary Public,. ....................... County, Minnesota k{y Commission Expires ......................... 1~' ...... ORDINANCE NO. 71-'--/ AN ORDINANCE AMENDING SECTION 4.43, SUB- PARAGRAPH (I) (A), AND ADDING SECTION 4.45 TO THE VILLAGE CODE RELATING TO SPECIAL USES The Village Council of the Village of New Hope ordains: Section i. Section 4.43, subparagraph (I) (A) of the Village Code is amended to read: "(A) Non-residential traffic is channeled onto thoroughfares or onto a street abutting business or industrial uses leading di- rectly to thoroughfares, and notonto minor residential streets." Section 2. Chapter 4 of the Village Code is amended by adding thereto Section 4.45 to read as follows: "4.45 In Position of Conditions. If the Council determines by a favorable vote of a majority of all members of the Council to grant a special use permit, it may impose conditions and safeguards therein to insure compliance and to protect adjacent properties." Section 3. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this l~t~ day of ~,/ 1971 ~~ Mayor Attest: BelliO~,~ Village Clerk-Treasurer (Published in the New Hope-Plymouth Post _~/ ~_. , 1971.) THE NEW HOPE-PLYMOUTH POST AFFiDAViT OF PUBLiCATiON STATE OF MINNESOTA COUNTY OF HENNEPIN~ SS. E. C. L'Herault~ being c~uly sworn, on oath says he is and during all thc times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in thc English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of locai interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at l~ast $00 copies regularly delivered to paying subscribers, has an average of at least ?5% of /ts total circulation currently paid or no more than three months in arrears andt has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Village~ of New Hope and Plymouth in the County of Hennepin and it has its lmown office of issue in the City of Crystal in said county, estab- lished a-nd open during its regular business hc-urs for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and' subject to his direotion and control during all such regular hours and at which time said· newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. · He further states on oath that the printed ................. ~ ~ hereto attached as a part hereof was cut from the columns o£ said newspaper, and was printed and published therein in the Eng~sh lan&mage, once each week, for..?...successive weeks; that it was : first so published on..f,/~..~. . ............. the.C~.~. .... ~iay offs/ ~.... ...... 19// and was thereafter printed and '!Sublished on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the compositl.on and publication of said notice, to wit: abcdefghijklmnopqrstuvqvxyz--$ pt. News Text abcdefghljklmnopqrstuvwxyz~& pt. Vogue · ....... Subscribed and sworn to before ·. Notary Publlc~ ........................ County~ Minnesota My Commission Expires ......................... 19 ...... THE NEW HOPE-PLYMOUTH PO~T AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA { COUNTY OF HENNEPIN; SS. E. C. L'Herault, beh~g duly sworn, on oath says he is and during ail the times herein stated has been the President of The Post Publishing Co, publisher and printer of the newspaper known as TIlE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~.paper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) S~id newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears ~nd~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of Hew Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hnurs .for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and' subject to his direotion and control during all such regular hours and at which time said. newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newsl~aper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper m~d sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed~..~'~..-..~..~/~.~...'.ff~.....~..~..;'./.~..:'..~..~?.,~'~'~ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for.../...~ccessive weeks; that it was 19.?/. and wa.~ thereafter printed and published on every .......................... to and ineludlng the .......... day of .......................... 19 .... and that the following is a printed copy of the lower ease alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the compo~itlon and publication of said notice, to wit: al~d~fghliklmnopqr'~tum¥~--~ pt, News Text abcde{~hliklmnopqr~t'uvw~¥~--6 pi'. ¥ogue '~'~ t ~ ' . .... ..... Subscribed and sw0~n to before me ........... ........... ....... 7 ...... (NOT~RIAL Notary Public, ........................ County~ Minnesota My Commlss~on Expires ......................... ORDINANCE NO. ~7'I- 5 AN .ORDINANCE ESTABLISHING A YOUTH. COMMISSI'ON FOR THE VILLAGE OF NEW HOPE, MINNESOTA The Village Cotmcil of the Vitl~age .of New iHope ordains:' 'SeCt"i'.on 1 The Village Code 'is. hereby amended by the addition' 't'kei~elto of Section'2.'210, NeW Hope Youth' Commission, and sub-.sections :2.211 th.rlough 2-.'22.6, as. follows: 2.210 ''N E W' H O' P' E' Y O' 'U 'T H ' C 0 M M I' S' S I 0 N 2.2.11 .ShOrt Title. This ordinance shall· be. known and may be cited as. 'the "New Hope Youth COmmission Ordinance." 2,.212 ~D:e f'initions- The following words and their derivations when used in Secti.ons 2 .-2.1.0 ,through 2.22.6. have .the meanings as set o. ut herein: Youth Commission means the New Hope Youth Commission as 'created by this. Ordinance. Chairman means the chairman of the New Hope .Youth-Commission as pr. ovided for here- under, or one of its co-chairmen, if pr. ovided for in the Bylaws of the Corn- mis sion. Secretary means the Secretary of the New Hope Youth. Commission as provided hereunder. 2...213 Es"tabl~ishment. A New Hope Youth Commission is hereby established to be advisory to the Council, which Youth. Commission shall have. the powers 'and duties hereinafter set forth.. 2.21,4 C,o~Fpos it ion. The New Hope Youth Commission shall be. com- posed of fifte'.e~ members to be appointed by the New Hope Village Council and shall be. composed of persons from three segments of the citizens of New Hope as follows:· (!) five .adult member's; (2.) five girls in grades 9-11 (or e.q.uival ent .age')'; (3.) five boys in 'g?.ades 9-!11 ('0.r ~equivalen~ age) . 2 .~215 ~pPO~i_ntmen.t~ ~,of Memb:elrs · The. 'MaYor and ea.ch' of the iCoUncilmen shall appoint one Person 'from each segment ~hom he ifee'ls will benefit the Commission. Each appointee shall serve a two,y'ear term,, except for .seven members the first ..co'remission. The term of eight of the first appointee's ;shall. ~e. Xtend to' 'th.e/'first Village CoUncil .meeting in January of 1973, and t.he 'term of seven .of th.e. appointees 'shall ;eXtend .to. thel first' Village CoUncil' meeting in January .of 1972,. Bach' member of 'the Commission shall serve, until his. successor is. duly appointe.d and shall have qualified. Th.el Village iCoUncil may by motion determine, the allOtmen~ of appointme, nts to each. iCounci'lman to 'achieVe the s t'aggerled .terms provided for above .' 2 .~216 ' ~Vaca:n'cies lfacancies :Occurring in the. Commission shall' be; fill:ed for th. el 'uneXpired .term bY 'an appointment by :th.el :original appointing .CoUncil. man, or his :s.u'c- ceSsor in. office 2 .:217 Removal of Melmbe'rs The CoUncil,' bY a unanimous vote· of all .its .me.mbe'rs, shall have i.the authority to 'remove any .member. .of the Commission. 'frOm office ~henever', in its:. 'dis'creti.on,..th.el bas t interests o f .the Village shall be Served thereby. 2 .:21.8 ' 'Officers. Within 30 .days 'after .their appointment,. ~the members iof the COmmission .shall meet in re. gular session and organize 'bY. electing 'from .their members a chairman, or CO-chairman, Se~retary and such. other officers as .'it may. deem necessary. (i) ' :Chai'rman. ~It ~skall be, the duty iof ,the Chairman to preside lover"all meetings iof the Com- mission. (2) .S~cretgry. It shall be the duty of the Secretary to keep a record of all proceedings of the Commission, transmit its recommendations and a record of its proceedings to the Council, the Village Manager and the Village Clerk. (3) The Commission shall determine its further organizational structure and duties of officers by by-law. 2.220 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 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. 2.221 Meetings. (1) Regular Meetings. The Commission shall meet in regular session at least once a month at a time and place selected by a majority vote of its members. (2) Special Meetings. The procedure for special meetings shall be prescribed in the by-laws. (3) Open Meetings. All meetings of the Commission shall be open to the public. 2.222 Absence of Members. Absence from two consecutive regular meetings without the formal consent of the Commission and without notice by the member or absence from four consecutive meetings when the member has given notice shall be deemed to constitute a resignation by the member; and the vacancy thus created shall be filled thereafter as provided in Section 2.216 herein. 2.223 Powers and Duties. The Commission shall have the following -3- powers 'and dutie's :' (1)' To confer with and advise the CoUncil on all matte.rs .concerning the activities of youth,' within the ages iof 12 and 18, inclUsive. .(2)~ To act .as a coordinating entity between thel Village iCouncil and ~other 'groups or individuals bOth Within and without ~the boundaries 'of New Hope as to planning and implementation of policies and 'pro- grams pertaining to youth activities. 2.22.4 · ~tdvils'o~ry ~CaplalCi~tx. Bxcept as may .otherwiSe be provided bY o.rdinance,' ~the poseUrS and duties of .the Commission · are ~of an advisory nature only, and the .Commission shall not have 'any powe]rs or duties, w~ich (conflict with Or supersede ~the powers and duties of other Village Commissions and bOards - 2.225 ~ Village Officials ~o_ Coop.era}_e. ~All Villgge officials,~ dePar~e, nt heads, employees and appointees shall cooperate ~ith ]the Co~ission and render all 'reasonable assistance. 2 .~226 ' '~nuaI Re~poKt. .The Co~ission shall render annually a full report of its work ~to the CoUncil. ~S~e~ction '2 This 'ordinanc~ and amendment to .the ~NeW Hop~] Vill~ge ~co~e~ ~shall be ~ffactive after its passage and publication in .the NeW Hop~-PlYmouth Post, ~the official newspaper' .of the Village Passed b~ the] Village Council ~of the Village NeW Hope. ~thi's' :y~.~ day .of ~.1.97I. Publ.i:shed in the' New Hope-Plymouth Post ./~r~/~ /f , 197I,. the and advise on all matters ages Of 12 THE NEW HOPE-PLYMOUTH POST coordinating Village ' ~ l a~d other groups or AFFIDAVIT OF PUBLICATION i both within and boundaries of MINNESOTA may otherwise be )F ItENNEPIN SS. are and the I I not have any alt, being duly sworn, on oath says he is and during all the times herein stated has been conflict with 0£ The Post Publishing Co., publisher and printer of the newspaper known as , duties THE NEW HOPE-PLYMOUTH POST commissions and nowledge of the facts herein stated as follows: newspaper is printed in the English language in neanspaper format and in column and u/valent in printed space to at least 900 square inches. (2) Said newspaper is a weekly -' depart- ted at least once each week. (3) Said newspaper has 50% (>f its news columns devoted to alaci-..ap- interest to the community which it purports to serve and does not wholly duplicate w'/tht"the flicatlon and is not made up entirely of patents, plate matter and advertisements. (4) r is circulated in and near the municipality which it purports to serve, has at least $00 ?~'ai.i~,la,~_.. g delivered to paying subscribers, has an average of at least 75% of its total circulation or no more than three months in arrears and~ has entry as second-class matter in its local sion shall render Said newspaper purports to serve the its work to Villages of New Ho,pc and Plymouth ordinance a n d of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- Hope Village during its regular business hours for the gathering of news, sale of advertisements and sale of after its pas- id maintained by the manaEing officer of said newspaper or persons in its employ and' subject New Hope- ~ and control during all such regular hours and at which time said. newspaper is printed. · h'd, official newspaper paper files a copy of each issue immediately with the State Historical Soctety. (7) Said complied with all the foregoing conditions for at least two years preceding the day or ~ Council Of the eatlon mentioned below. (8) Said newspaper has filed with the Secretary of State of ~ day of r to January 1, 1966 and each January I thereafter an affidavit in the form prescribed · fy of State and signed by the managing officer of said newspaper and sworn to before · ' : stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for../...su, ecesslve weeks; that it was .[ lg?..//, and was thereafter printed and published on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed copy of the '}~ lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuv~xyz--6 pt. News Text the abcdefghijklmnopqrstuvwxyz--& pt. Vogue Subscribed and ,s~ o before 2.218 Officers. me this Within 30 days after their ap- ' ............................................. pointment, the m em be r s of /~'-'-) the. Commission shall meet in ragu- ' lar session and organ ze by electing from their memr6ers ra Chairman ....... er Co-chairman, Secretary and such other officers as it may deem neces-, sary. (NOTARIAL SV-AL) 2.219 Duties of Officers. [t) Chairman. It shall be the duty of the Notary Public ......................... County, Minnesota Chairman, to preside over all meetingsofthe Commis-, ~.y Cmnmission Expires ......................... 19 ...... (1) Secretary. -tt shal'l be the, duty of the Secretary to keep a record Commission, transmit: its recommen0ations a n d ,a t h e Council, the Village ~¥ ~' ~ ~ ~'' N~anager and the ,Village ORDINANCE NO. 71 - 6 AN ORDINANCE ADDING SECTION 9.150 TO THE VILLAGE CODE AND REPEALING SECTION 11.03 RELATING TO UNREASONABLE ACCELERATION OF MOTOR VEHICLES. The Village Council of the Village of New Hope ordains: Section 1. Chapter 9 of the Village Code is hereby amended by adding thereto the following: "9.150 Unreasonable Acceleration. Subd. (1) Unreasonable Acceleration Defined. Unreasonable acceleration of a motor vehicle is hereby defined as acceleration which unnecessarily breaks traction between a tire or tires and the driving surface, thereby causing a prolonged squealing or screeching sound by the tires, or the unnecessary throwing of sand or gravel by the tire or tires of said vehicle or both. Prima-facie evidence of such un- reasonable acceleration shall be squealing or screeching sounds by the tire or tires or the unnecessary throwing of sand or gravel by the tire or tires or both. Subd. (2) Unreasonable Acceleration of Public Property Prohibited. Unreasonable acceleration by any motor vehicle upon any public street, road, parking lot, or driving way within the corporate limits of the Village of New Hope, as un- reasonable acceleration is hereinabove defined, is hereby declared to be a public nuisance and is prohibited. Subd. (3) Unreasonable Acceleration on Private Property Prohibited. Unreasonable acceleration by any motor vehicle upon any private street, road, parking lot, or driving way within the corporate limits of the Village of New Hope, as unreasonable ac- celeration is hereinabove defined, is hereby declared to be a public nuisance and is pro- hibited.'' -2- Section 2. Penalty. Any person violating any pro- visions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $300 or by imprisonment not to exceed 90 days, or both. Section 3. Section 11.03 of the Village Code be and the same is hereby repealed. Section 4. The contents of this ordinance are declared to be severable and should any section, clause, paragraph or provision hereof be declared by any Court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 5. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~ day of ~/~ , 1971. Attest: ~~.' ~ Mayor 'Be~.~_ouliot, C1 erk-Treasurer (Published in the New Hope-Plymouth Post on/~r~ ~ /2 /FT/ , 1971. ) ~ THE I~EW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA [ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publiaher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper /ormat and in column and sheet form equ,ivaient in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is .distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news o{ local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least copies regularly delivered to paying subscribers, has an average of at Mast 75% oi its total circulation currently paid or no more than thr~e months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Ho.pc and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- ' I/shed and open during its regular business hcurs .for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and' subject ~ to his direction and control during all such regular ho~rs and at which time .said.. newspaper is printed. ~ (6) Said newspaper files a copy of each issue immediately with the State Hlstorwal Society. (?) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. ($) Said newspaper has filed with the Secretary of State i-' Minnesota prior to January 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before .~. a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed...~I/' .~ff.~..~./.~-~.~?.'~-~..~.~.~.~[~..~;~.. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and in the EngliSh language, once each week, for../....~%If, cessive wee'ks; that it was; ~ published therein first sO published on...~.~./?...~.~..'.~.'.~.~..~.'.~/~ .~' ........... the../.4..~-~-day of. ~.~/~.~.z?.,~.%.~.~.~...;/. .... 191~./. and was therea/ter printed and published on every .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the compesiti.on and publication of said notice, to wit: abcdefghiiklmnopqrstu~wxyz--6 pt. News Text abcdefghljklmnopqrstuvwxyz--& pt. Vogue · ........ ....... Subscribed and sworn~to before me thia~../.'?f. .............. day ,'...~...~.~ ........ A.D., (NOTARIAL SEAL) Notary Public,. ....................... County, Minnesota My' Commission Expires ......................... 1~ ...... ~O~NT¥ OF HENNEF~; ~ r~'rE OF ~'~ N~ ..... ORDINANCE NO. 71- ~ AN ORDINANCE AMENDING SECTION 9. 119, SUBD. (3) OF THE VILLAGE CODE RELATING TO INTEREST CHARGED ON CERTAIN ASSESSMENTS THE VILLAGE COUNCIL of the Village of New Hope ordains: Section 1. Section 9. 119, Subd. (3) of the Village Code is amended to read as follows: Subd. (3) Charges Included in Tax Bill. When the Village has effected the removal of such dangerous litter or unhealthy or offen- sive substances, or has paid for its removal, the actual cost thereof plus current interest at the rate of eight per cent (8%) per annum from the date of completion of the work if not paid by such owner prior thereto, shall be charged to the owner of such property and a bill therefor shall be forwarded promptly to the owner by the Village, and such charge shall be due and payable by said owner within ten (10) days from the date of billing. Section 2. This ordinance shall be in full force and effect after its passage and publication in the official newspaper of the Village. Passed ~ the Village Council of the Village of New Hope this ~- day of ~.~,~,/ , 1971. / ~ ~,l~l~rk_Treasurer (Published in the New Hope-Plymouth Post ~/Y.~ ~ , 1971) / THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times here/n stated has been the President of The Post Publishing Co., publisher and printer oi the newspaper known as .. THE NEW HOPE-PLYMOUTH POST and has full knowledge of the lacts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equ,ivalcnt in printed space to at least 900 square inches. (2) Said newspaper is a weekly :~f th~ and is distributed at least once each week. (3) Said newspaper has 50% of its news coIumns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate i0i any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more tban three months in arrears and~ has entr.y as second.class matter in its local ~ ~ post-off/ce. (5) Said newspaper puspor~s to ~erve the ¥illages of New Hope and Plymouth in the County of Hennepin and it has its known office o~ issue in the City o£ Crystal in said county, estab- lished and open during its regular business hours .for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in tis employ and' subject to his direction and control during all such regular hours and at which time said. newspaper is printed. ~ (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has £11ed with the Secretary of State of Minnesota prior to January 1, 1966 and each Janua.ry i thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further tates on ,th th,, .................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and /or.../..~successive ~! published therein in the English language, once each week, weeks; that it was first ~ publish~:l on ........................................... 19.~../. and wa~ thereafter printed and published on every .......................... to and including the .......... day of .......................... 1~ .... and that the following is a printed copy of the lower ease alphabet from A to Z, both inclusive, and is hereby acknowledged as being the sise and kind of type used in the composition and publication of said notice, to wit: abed~fghliklmnopqr~tu'~xy~--$ pt. Iq'~w~ Text. abcdefgh~iklmnopqrstuvwxyz--& pt, Vogue Subset/bed and s~brn to before ......... .... .. ..... (NOTARI^L Notary Public,. ....................... County, M~nneso~ My Commlss~on Expires ......................... 19 ...... 'ORDINANCE NO.. 7'1-'~ AN ORDINANCE AMENDING SECTION '.10.O6 OF THEi ~ILL~GE CODE RE.L~TING TO HOURS OF OPERATION OF :LIQUOR DISPENSARIES The Villa'ge Council -of the ¥ill'age 'of Ne~ Hope ordains :' iSe'c~..ti.o'n 1. .Section 10'.~06 of :the Village Code is :amended to: read. as follows: "lO.'.06 Hours :o'f :OPera'tion. The dispensary shall observe 'the following re- .st'fictiOns upon .the hOurs 'of operation: .Subd.. (.1.) .'Cl'o'silng: Ho'.urs '2 'Sale' 'o'f Non-i,Iint'O. xi~cati'ng No. 'sale 'of non-int~oxicating malt .liquor shall be made in tire. dispensary b. et~.~en the hours 'of one a.m. and eight a.m. on any weekday Monday through 'saturday i~clUsive. 'Neither' shall' any sale of~ such' liquo.r be' :made on any Sunday after one a.m., nor between-.the hours 'of one a.m. and eight o"clOck p.m..the 'day of any stateside election. Subd. ('2.)'. CiOs]i?g.-Ho. urs )- Sale o.f I.~t'oxi:ca'ti'ng L'iq'uors. ~ ' ....... No sale 'of intoxicating liquor sh'~ll be 'made in the dispensary .after one' .a.m. on Sunday, nor unti'l eight a.m..on MOnday, nor .between .'the .hours. of one .a.m. and e.i.ght-O'clOck' p.m. on the day of any .sta.tewide electi, on. NO "on-'sale" shall be · made he.t~een, the hours 'of one a.m. and eight o'clock a.m. on any ~eek'day. No. "off-sale, shall' be made before, eight o'clock a.m. 'or after eight o'.clock p.m. of any day except saturday, on WI/ich day ".off-'sale'" may. be' made Until .ten o'clock p.m. No "off-sa'le'" shall be made on NeW Ye'ars 'Day, January '1; Independence' Day, July 4; Th.anl~sgiving .Day; or ChriStmas 'Day, December. 25; but on- the ~ven.ings preceding such 'days, "off-sale" may be' made until ten o'clock p.m., except that no "off-sale" shall be' made on December 24: after e.ight o'clOck p.m. Subd..'(-'5) 'D'ispie'~sayZ .Tt~e 'dispensary, shal 1 .not b e 'open .for .bUs iness' · of any kind :during the! hours when sa:les .:of intoxi'- caring liquors, are Prohi'b.i, te:d."' · :S:ec:ti:on, '2 ' Thi's-ordinance ishall be. in full: force 'and cff. eC.t' aft"e~r, iits. paSs.age '.and pub llicati.on :in the iofficial news;-- :paper ',o f tkel Vi:l'l'.a'ge.. Pas§:ed bY :the Vil'lage ..CoUncil-of .the Village :of Ne~ Hope - ~erk_ T.r.eas urer: (Published. in :tke New. HoP'e-P.lYmouth Post THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ' ~~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publish lng Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject fo his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper· He further states on oath that the printed.. ed therein in/ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi~)~ !:i theEng s~guage, Qnce each week for successive weeks; that it was f rstsopub shedon /~..~-..-~....~.~;?~// ......... day of/~.' ................. 19 ...... and was thereafter printed and published on every ..................... ~ to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the · lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/= pt. Sans Subscribed andz~n to before (NOTARIAL SEAL) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE' NO.; .7'1- i AN ORDINANCE -AMENDING SECTIONS 2'. 70 ~. THROUGH 2:.78, INCLUSIVE, OF THE ' VILLAGE COD~. RELATING .TO THBi-VOLUNTEER FIRE DEPARTMENT The Village Council of the Village of Ne~ Ho.pe ordains:' Selc:tio'n 1. Se. ctions '2~..70 .through 2:..78, inclusive, · of th.el Vill'a:ge Code' are he'reby amended to' read as foll'ows: 2.17g V '0 'L' ~U N T E'.E '.R 'F' I' K E There is hereby eStab. Iished in the Village a volunte'er 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. Ih addition to the Fire Chief and a Fire Marshal, the department shall consist of volunteer personnel as folloWS: An Assistant Chief, an ~.ngineer and such Captains 'and Lieutenants as deemed necessa'ry by the Chief, and not .less than 10 .nor more 'than 45 fire fighters. 2 .,72' F. lec tion. The Assistant _Chief, Captains and Lieutenants shall be el'ected annually' by members, of the department, sub- j.ect .to confirmation by the Council. They shall hold· office for one year and until their successors have been duly elected, except that they 'may be removed .by the Council for cause' and after a public hearing. Firefighters and probationary firefighters shall be appointed by membe, r's of the-department,, subject to confirmation by the COuncil. Firefighte.rs shall continue as members of the 'department during good behaviour and by. complying witk ithe Rules -and Regula- tions 'of the department, and 'may .be removed by ~.h.e CoUncil only for cause' and after a public hearing. 2.73 Fire Mar'sh'al. The office of Fire Marshal may be held by .the Chief; Assi:stant .Chief 'or by the Fire Inspecto'r, if ~th.e Council by. resolution approves. The Fire Marsh'al shall be char. ged'~ith, the enforcement of all ordinances aimed at .fi.r~ pre.vention. He 'shall 'have .full' ':autho'rit¥~ to inspect :all premises and to' cause' the removal or abatement .of .all fire hazards. 2,..7¢ 'F:ire :C'Kie'f. .Th.e Chief shall have control :over all firefight- ing apparatus 'and shall-be, so:l'ely .responsible for .its care and condition. He Skall make: an annual report to.' the C.ouncil'~ .at .its 'first' meeting in Fe'b.ruary of ea.ch:iyear for .,]xe period of .the 'previous 'calendar .year. The report skall: be a comprehensive report of th.e acti~iti.es 'of the fire department,' .its needs and condition of :ali fire department apparatus. He may submit' :additi.onal .rep:o. rts :and recommendations .at .any meeting of the Council, and he :shall .report the suspension by. him 'of a member of tko fire idepart- .merit :at -.tko firs, t' meeting Of the Council' fo. llowing such suspension. He sh&ll be..responsible for .thE' proper traini.ng and discipline of th.e members 'of .tke 'fire department, and may suspend any member for refnsal.'or neglect '~to'. obey' 'orders pending final action bY the Council on his 'discharge .or .reteixtion. In the. absence or disab:ility of the Chief, the' Assistant :Ckief of tko fire. department shall perlform all :the fUnctions and eXe:rcise all of the authority. of the Chief. I-n tko absence of the Chief and the Assistant Ckief, otker designated officers 'of the department :skall per'form all th:e ifuncti'ons and exercise :all 'of tko authority, of the' Chief. 2...75 Ke¢ords .' .The' Chief skall keep in conyenient .form a com- .plete-.'.record of all fireS.. Such record shall include the time '.of tko ala'rm, .loCation of the fire, cause' of fire: (if know.n) , ,type of property, 'name of owner and tenant,, purpose' for whi'ch-occUpied.,, est:i'mate, of loss--or prope, rt)~. and contents, membe.rs of the depart- ment responding .to. th'.e alarm., and any otker informa- tion ~as he ma~ seem advisable 'or as may be required .to'.~ime b the Council or .State Fire from time y Marshal's Office. 2 '. 76 Fire fighters. Subd. ('l) Q'ua'li fi'ca't'io n.sl....' Ail' applicants 'for" membership sh'all be not less.' :than t~en.ty.-one ~2:1.) nor mo:re than thirty- five '(.35) years 'of age and abl.e'~bodied. .Th. ey shall maintain, a pr.0bati'onary membership status for no .less. :than a six (.6) month Period and ska.ll .not be'accepted as-regular fire fighters until ~th.ey have sa'tisfacto.~ily comp.let~'.d the required, traising. 'The CoUncil may require th.at 'each candidate'., befo.re he may become a p~o'bati.onary, firefighte'.r', must-.satisfy, certain minimum reqniremenis 'of height, weight,: .educa- tion and any or.her qualifi~ati'ons ~hi'ch 'may be sp:ec:ified by th.e Council, and that he must' pass a-satisfactory mental and physical .exami- nation. Subd. ('2.). Loss' Of M'e',mb'ersh'ip. Pirefi. ghters absent fr'om three consecutive · training 'drill's 'or alarms un. less :excused by the Chief Sh-all' forfeit membership in. the department. .Subd. ('5.) Comp'ens'a't ion. Membe'.rs and officer's 'of .the 'fire ~department s'h'all 'receive compensation as 'determined' by .reso:lu- tion of the-Council.. In computiBg compensation for fires, one: hour s~all be. considered as the' minimum to be paid to any firefighter or officer. Subd. (.4.) Rel~i'e'f ASSo:Cia'tio'n. Members-and officers 'of the 'fire dePar~ent shall organize..t~.e~e~l~ves into a Firemen's :Rel]ief As Sociaki.on. 2~..~77 ~Tra'in'ing 'D'rills. It shall be .the ~duty. of the Chief to hold· sc~h. eduled 'training sessi'ons and to. provide needed s.pecialize~d t=aining in fire prev.en~ion and fire 'fighting as he deems n. ecessa?y to keep the members-trained' in all phases of fire p. reventi.o~ and fire f~ght'ing. 2;. 78. I.'nt'e~fe;rence~: :~i[~h --It shall be unlawful: 'for any person to give or make, or cause' to:. be given or ma'de, an al'arm of fire w;Ltko'ut probable cause, 'or to. neglect 'or refuse' 'to obey any reasonabl'.e 'o.~der. of the' Chief at 'a fire, or to. inter-fete with the fire department in the discharge of its 'duties. ;Se:ctio'n 2.. This-Ordinance sh'all be in full 'force and effect .from and :after its pass~ge and publ'ication. Passed bY th.e Village Council of .the Village of New - ~ , 19'71 . ~erk-'Tr.e as.ute r. (:P:ublis.hed in. th.e NeTM Hope-!Plymouth Post ). THE NEW HOPE-PLYMOUTH POST AFRDAV~T OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN E. C. L'Herault, being drily sworn, on oath says he is and during ail t. be time* herein stated has been the President of The Post Publishin§ Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has $0% of its news columns devoted to news of local interest to the community which it purports to serve and docs not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly d~livered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears an& has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hcurs rfOr the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manazing officer of said newspaper or persons in its employ and' subject to his direciion and control during all such regular hours and at which time saR[ newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ................................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and '?~ published therein in the En~gllsh language, once each week, for.. ccessive weeks; that it was first so published on .................. the .~. ...... day f ............ ~ 19 .... ~/ and was thereafter printed and published on every .......................... to sad including th~ ~ the .......... day of .......................... 19 .... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqratuvwxyz--6 pt. News Text abcdefghiiklmnopqrstuvwxyz--6 pl. Vogue Subscribed and sworn to before ....~, ..~.....:/~/ form s qe time of -which Notary Public, ........................ County, Minnesota pt'opeYt¥ ~ My Commission Expires ......................... 19 ...... ORDINANCE NO.: 7I-/o AN 'ORDINANCE AMENDING SECTI.ONS 4.44 AND 4..:92. AND. ADDING SECTIONS.' 8.160 .THROUGH . ' 8..167 '.TO. THE 'VILLAGE' .CODE RELATING TO .RENTAL 'AND. STORAG~ OF. TRAILERS'ANB TRUCKS, The Vill'.age 'Council of the 'Viii.age .of NeW Hope 'ordains :' S'ecti'on 1. ' Secti'on 4.44 '(.$)' "In. Retail. Business 'DisZr.icts." and (4.). ~';'In. General Business. 'Dis.tricts"" .of .the Vil-l.age 'Code 'are amended to: read: · ~lubs 'and lod'ge's, non -prO fi"t ;. ' Co~ane'.reial .r~'Creation (s'~ch 'as' 'bOwling al. le¥, pool 'hall')'; ~ortuaries Outdoor sa~e's'; Restaurants ~t~ live ente'.rt~i~ont dancing; Seasona~ ~usinesseS.;' and/o,r s to.rage O~ tr~ucks ~' exc:luding and sub j'e ct .t o. the '~ol lo~i~g: Not ~to exceed three ~cks.' ~y t~cks quir.e~ 'or .par.ked on th~ (ii). O~lt on and as an 'accesso'~ use 'to. pre~i' ses ~here 'the Pri~'a.r~ use ~s 'gaso'line ' .servi.ce station. (i.i.i) ~eeting ~equirements..-o~ 'S'.ectian' 8. ~6~, . Rental :of utility ~raile~'s, and .rental ~d/o.r storage ~of truckS,: eXcluding truck-tr.a i 1~ rs :~d s emi -trail ers (i) Not :to 'exceed th:tee :t~cks .' ~y t.r. ucks ' beyond ;~o~t autkOrized skall be..:removed ~i'tkin. :24, 'hOurs :o f being rec'ei~ved quired or parked 'on thy parcel'. (ii). 'Only' on and as 'an accessory .use' 'to premises' where 'the primary use' .is." · gasoline service' 'station. (iii). Meeting requirements ..:of Section" B..166, Subdivisions .('3)',..:(7), .(1:$). of this. · ' Code. SeC'tio'n '2.1 See.ti:on 4.92. ?'Definitions'" of .~he. Village Code 'is. 'amPi/deal 'b~ addin,~ tkere.to Subdivisions '.(4.5A) .'('.56A)' and .(S.6B).. to: read as 'roil'owE..' ' ' ' Semi-Trailer':,. Every. vekicle WithOut motive power designed, for car.ryi.ng persons 'or 'property. and for b~'ing 'drawn by, a motor .veh'icle 'and so' constructed.' that :some' :part 'lei its weight 'and that ,of .its: 'load res'ts upon 'or is 'ca?ri. ed bY ano tker..ve~icle, · (5.6A) ' Truck'-'Tfact'or. Tr.Uck'-Tractor: EVery motor..vehlicle :designed and used primarily; for :drawing .other .veHiclbS 'and not 'so: constr, ucted as 'to, 'c'arPy a load '.other' than a "part '.of th. el iveKicle and load so' 'drawn. Utility Trailer: . Every. vehicle without 'motive' power .£or carrying persons 'or property, and. for being 'drawn by a' motor .veHicle 'and s o ·cons'tructed tha% .no. ~p'art. of .its..we..ight: :rests upon the towip, g .veh~icle, ."' ' ' 'S:e'Cti'on 5,' Chapter.. 8. of the'. Village Code. :is,. hereby, amended bY ad'di'ng th:ereto. Se.c'tions' '8 ..150: ,through' '8..16'7 ;to read .as 'follows':' ' 8.. 160 ''R .E' 'N' T X L~ '- .S' T 'O .R' A.'G .'E' 'O F 8.t§'1 ' 'L'i'cen'se' ReqUi'red. No person shall 'engage in th:e bUsiness lei renting .utility: '~railers. 'or tkb ifenting and/or .storage of.. ' truckS,: excluding truck-tractbr and s:emi-.trkilers,... wiltkout being ll.cense'd' as. provided in. this. 'chapter'. 8.16 Z ' 'L'i'c_e'_ns_'e~ ~ypel,' PTroce'~ure ~nd 'COntrol. The p. rovisi'ons .'of Sec'.tinns' 8,0Z .to.' 8.08 :shall" app.l¥" to' all' "l'i.censes: 'required bY SeCtion' 8.1.6'1. Twol kinds '.o£ li.'cenSes' ma~ be issued.. One .tF. pe ,gff li'cense' shal 1' .be, .'fo r the 'renting O f .util. i.~y 'trasl'ers ,' and 't~ucks, .excluding -tr. Uc.k-'tr~ctors and .s emi-trailers .' The .'otker shsll be '~or .the storage [of 'trucks excluding 'truck'-'tractors and s'e~'i-'trai, le'rs. In addition to: t.he 'info~ation required by. Stec'ti'on' 8.02. ~'. :the applti'cant, sh'al 1' 'submit :info,at i'on as :the manager may .require, .ip-o~der to'~ shOw ~hether or not 'the' .requirements 'o f .th~'s' 'chap te.r b e 'met ,' .in- · :cluding, but not :l'imi. t'ed'to the following: . .the n~e and aadres's' ;of tke owner' of the 'Property for ~hich the 'li'cense 'is 'sougHt; the address of 'the 'property- .for whi:ch. 'the 'ii'c~nse 'is sought ;' ~he'n applicable:,'. th~' :approximate number ~d i~e of rent~ 'tra$1er and t~cks .which ~i:ll be .s t'o:red on the p. re~iseS,' not ..to.. 'eXceed .three. :truck's ;' where applicab, le ,' the n~b. er' and .type .of non-owned 't.ruckS w~i'ch ~i. ll be .stored op a no'n-.re~ta.1 basi's 'bY the appl'.icant on .the Pre~.se's',' 'not .to. e'xceed three' 'tru?s ;' .the area. on .w~ich Suck 'vehicles wi:ll be Stored,. the location and type of any screening of the .st'o'.rage :area; the l'ocati:on of any .structures 'or propos?~ structures' on the."s.i'te,.'. Such' 'infomati'on relating to. layout,, or propo.sed 'layout, .of the shall be sh'ow~ on a p'lot 'plan. ' The 'annual l'ice~e. :fee for a rental llicense 'is.:' '$~'[~'5.00i .... · The 'annual license' 'fee 'for .st'orage ]of non-oWned .vehi'cleS .'st'ored on a non-rental 'bhsi's · $-.'~'5.-00' . A .separate:. :license 'shall be 'obtained. for each. pl-ace ~of business'.' The l'i:censee .sh~ll displa~ the 'l'icense on a prominent place on the pr'emi.ses li'censed. ' A license,' unles's' revoked, is 'for .~e calendar year, or part .thereof,. flor which it 'has been issued. Li'cense 'appli'cations skall.' be. :r.evie~.ed b~ the bui. lding inspector ~i:th '.the. 'village manager,. ,there afte.~ licenses :shall' be :granted br de~i~d bM the' village .'co~cil, :sUb. j'.ec~ to the Provisions :of this chapter." ' 8.166 ' .Re$'t'ric'tions' and iRie:6~_a~ions. S.ubd. (:i) . Licenses' may bE. :granted for locations 'in the 'retail bUsiness'and .general'bUsiness-districtS. of . the Village ~Kich 'mee't '~he'requi.rements :of this'chapter and w~ich"are.'found bY. th.e'mancger to: be suitable: lo'ca-, tions.' Subd.(2) Licenses 'shall be:grante.d o.~1¥ on loca- ti'ons ~her'e 'theapplicant .is 'condhcting a. gaso'line s'erviceSta.tion bUsiness.' Subd.($)' L'iCenses''shall .be granted only for loc'a- tions 'abUtting. upon major .thOroughfares'..'The'storage' area .shall'be ..so. located .that :there is.'a direct acbes's' onto. tkeab, utting major .street. 'Suchst'orage :area sh'all be' l'ocate~ in. a way which does not'ihter'.fere with normal 'traffic .flow :onto.,' wi'thin 'or from the 1.or 'or whli'ch':createSdanger'Ous ':impediments.:to'traffic'visi- bi'li.t¥.,..nor'in a'manner, to. interfere With'iugres's''and ~gres's' bz'moto'~ .veSi'cles 'to. pump islands- Subd, (.4.). .The storage area shall not OCcupy any p'ar~ of the. required offUs'tree.t parking 'area for any. other, bUsiness''l'ocated on the s'ame pr&mise's'. Subd. :(.$). The license: for either ..the: rental of 'trucks'' or 'a licenSe'ifor the.storage of non-rental and non-ow, ned trnck'sof the 'appli'canti'shall"sPecilf¥ the'maximum number.. and si. zeOf trucks.,' not :to: eXc:eed tkree, whi:ch':may be' lo'catedon th'e licensed premises'at '.any one 'time. Any trucks' beyond th.e 'amount :autkOrized shall be.removed within 2¢ .hOurs :of being received., :acquirsd'or 'parked on .tke'license'~premis&'s'." It is 'a violation'of this' chapter to locate', more. or l'a'rgerl vehiCles''on the licensed -premises':than the number or ~aXimum size'sPeCified on the' license',.' but .temporarily locating a rental "truck for a periodnot to. exceed 2¢ .hours 'oh the 'l'icensed premises' shall. not be-ldeemeda violation hereof. Subd. (6.) It shall' be' grounds for .denial .of a license' application that :th:~appli'cant 'or'o. therpersons occupying the premise'S'for which '.the license' is sought '. are not'complying with, .or have 'a history .of non-cbmpliance' with'the' regulations 'of .tko village ~elati'ng .to: health., safety., building 'or' zoning, .or ah¥ .regulations .relating.. to: the renti~g'orst'orin~ of'uti.litz.-trailers ortrucks.' -4-. Subd..(7). A license shall' not be,. granted .if granting the 'license (a) 'would be "inconsistent w~th 'the 'comprehensive. development plan or' zoning ordinance of the village, (b.)' would permit '.tr.ucks to be located in such"a manner' that ~hey would be. · plainly visible, from adj'acen~ reside, n~ial proper.tM, (C). would be incompatible' with the 'type of develop- ment or ~e 'ty.pe 'of use being conducted On adjacen~ ' properties',' or (d} would .othezwfse have a .de~rimen- ~aI ~ffect upon o~h~r property or preper~.ies ~in th~ vicinity. Subd. (8.). Remtal or s~ored vehicles shall n~ be permitted ~ dccupy ~y area excep~ ~h.e desi'g- ' S~d. (9). Th~ desi'~a~ed storage area f~r ~e 'trail'~s ~d ',~cks" skall b~ ma'~ked bM ~arly .Subd..(-~.0). T~ storage area skall be 'screemet frem the View .of .pers~n~ '~n abutting p~pe.r~y. ~d shall be located so. ~ .it does m~ ~ccupy ~e require& 'fron~ ~r side yard setback ~or ~h~ :~rac~' ..~f 'l~d involved.' '~e ~equiremen~ 's~ee~ing may be waived bM ~h~. manager where .th~ abu~n~ 'pr~per~y inv~lve~ ~s bein~ used for in- dus~'ri~l '~r co~ercial pu~oses ahd s~ch abutting - proper~y'~ill 'ne~ be adversely affected by ~he' ab~e~ce e~ screening. ' Subd..(i.1) The licensee Shall.b~ ~e ef ~ gasoli.ne Se~ice .sta~ien bu~xneSs cenduc~ed ~n ~e pre~ise's'.' ' Subd. (~2). The. s~orage area shall be ~rfaced with 'comcre:e or bi~t~inohs surfacing and curbing, mee'tipg ~he requirements :of the village .f~r st'r~et, parking area. Subd. (1~) ..The storage area shall be kept 'fr~m dirt, paper, ~eeds,'..~arb~ge, .~rash' '~d' o~er debris. Subd. (14) The .vehi. cles shall' be 'azr~ged in an ~rderly ~ash'ien, in Subd. (1.S) The 'rental ~f trucks' and '~rail-ers or the storage of n~-r~n~al, non-o~ed 'tr.ucks s~all be licen~e-d a~ ~y servic~ s,a~ion whe'r~ .~h~e S~orag~ area weuld ~xceed ten pe~ cent ~f ~e7 ~otal 'ar~a ~e iic~nsed premise~.' -5- Subd. (16) The' use' .of .the. 'designated storage. area for the Storage of any. thing (including veh'~cleS)' other .than th.e us&' licensed is prohibited'. 8..167: 'DeVe'l:oPme:nt 'contract. Prior .to. the issuance of the first license, as to any premises, the: licensee shall enter into a dev.elopment contract,: secured by a per'£ormance bond, providing 'for .the idevel'opment of the storage · area in 'accordance with '.the application and the' provisions -of this. 'chapter, unless waived by. th.e . viIlage b'ecause' ithe premises' 'are already in sub-.' stan%iai compli'ance. "' 'Section 4.' This. 'ordinance shall take effe. ct and be in fo-rC~ ~ro~ and after its pass~ge and publication. · Pass:ed by the'. Village 'Council..of NeW Hope, Mi~eso'ta. thi's ~',~ day of' ~." ''. ,: 1971,.' ' Attes'.t:~. '-~ .Clerk; T;reas.u~er (.P.ublished in New Hope-Plymouth Post. ~v~ =~z , .1971). THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENHEPIN ~ SS. the E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of e trucks g The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST - "~-~ 1 and has full knowledge of the facts herein stated as follows: ~ ~' ~; (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its ivisi0ns local post-office. (5) Said newspaper purports to serve the (4) ~ VII,I,AGE OF NEW HOPE AND PLYMOUTH dance or busi~ in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open end maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control of truck~, during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each and issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions subject to th~ for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with lg.: the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form ' (L)~:r~,NOt .t~ exeeec~ three prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. J' Hefurtherstatesonoaththattheprinted...,~.~ '..~..~...?../.'.-.../...~). ........................ . ~rv[Ce~ statien~ (~jii)::;~ ~i~t~equirements o~e! hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and pu~shed therein in ........ ,~c~ti0~ ~8 ..~6, .~,S~b~ivision~. (3), (7), (15) of. this Code. ~;(-~/] ~.~....~~,. Seetiolt 2. Section 4.92 "Definitions" the English la[~guage,pl[lce each week, for.../...success ve weeks; that t was first so published on the Millage Cede is amended by e-reafter r ntedand ubhshedo .............. ~" add~ng :.thereto, Subdivisions (43A),~ (~A) and (56B) to read as fOllows: the~/..~-dayof~ 19~./ andwasth "(43A)' ~emi-Trailer. · ......... ~/~- :. ~ .~ ................ P p ' n every ..................... Semi.Trailer: Every vehicle without motive power designed for to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the Carr~r~g pbrsons ~ Pr~)l~rty and .'~r~d~so~)t~i]h~ie part 3~ lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in of its weight and ~th~at of'. its load ~] rests upon/or [s Carried by. another vehicle, the composition and publication of said notice, to wit: ('56A) Truck-Tractor. ~. ~T~ ~T r~ cTor~;; Ever y;~ motor ~:~?;:~dbSi~g~"~J' "~' "used abcdefghijklmnopqrstuvwxyz--51/~ pt. Sans ;prim~rily- for drawing other ~hJcles end not so constructed as ti) carry · I(~ad other than a part of the~eh cie and load so d~'awn. Every vehicle ~.~.... ~.../~ power, for carrying being ~ its' .............. . ..... Subscribed and s~v:~ to before m.~.~- · · ,~. · · · .~... ....... da~."'~.~,. A.D., 19, '~,/(/. .... ........................................... Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. · '' E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at lca~t once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears andl has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the ¥illages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, eotab. lished and open during its regular business hours .for the gatl~ering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and'. subject to his direction and control during all such regu. lar .h~u. rs and at which t/me said,, n~wspaDer is printed. i'; (6) Said newspaper files a copy of each issue immediately with the State Historica Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He ,urthcr .tare, ou that the priu ................. .'(... ............................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for../../~uccessive weeks; that it was first so published on .................. the.~..~....~-day of ............ 19.~./. and was thereafter printed and published on every .......................... to and including thc .......... day of .......................... 19 .... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pi. News Text abcdefghiiklmnopqrstuvwxyz--6 pi. Vogue Subscribed and awO?~o before Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... ORDINANCE NO.' :71-./i AN 'ORDINANCE RBV:IS:I:'NG CODE NUMB'ERS IN. ORDINANCE NO.S. '§9,:-25, :ANB' :7'1:u 6 THE VILLAGE ,COUNCIL of the Village of .NeW Hope ordains :' 'Se'c:,t~'i~.on 1. .Sect'ion 1 'of. Ordinance 7.1,-6 adopted March .'Sth,' 1971,, purporting to add Sect'ion 9..150. ,to the Village .C.ode 'is :amerid~d' in the: first ".iine :of ~th.e ' text' tke.?e.o'f by st'riking :the' reference "Se-c:tion 9.150, and inserting in li'eu .~.kelr'e'o'f, ' ".Se'ction--9.160. "' :S:e'c't'i'.on 2.. Section 1 of 'O. rdinance 69.-25, 'adopted De.cembe.r?.8:tk, '.1969: purporting to' add Sections 8.12'01. '.to 8,-12Z to th.el Village Code 'is amended on the first' '.line' tkereof 'bY. ,st'rikihg .the: re. fe.r.ence '"'.Sections 8.120, .to. 8.1,27.'t and inserting in 1.i:eu thereof "Sections '8..150 8...1.57" and is amended t'h.~onghout .the: remainder .of the text 'tth'.ere.o'f .by ren~be'.ring Secti.ons 8.121 to 8: .'.12'7. ,'' respectively., as Sections' 8.1.5'1 to 8.157, respect'ively.. S'e~t'io'n 5. This ordinance shall' be in full' for.ce and effect '.from ~nd aft'er its passage and publ]ica'tion. Passed' by~k.e: Village .Council of the Village of .New Hepe..this'~ 7~ day .of'.June,'~ ~' ~ ' ' '.Tr.e a's'ur e r (:P:ubl'.i:sh:e'd. :in NeW..HoPe-Pl'ymouth'. Pos t' :.on ,: 19:71) THE NEW HOPE-PLYIV~OUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports fo serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed...~ ~ ........... ~/.-:-.../~.~. .......................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for..].., successive weeks; that it was first so published o~=~~. ~c~/ the.. ~ .~.. da'~y of.....~]~ ..... 19..~../. and was thereafter printed and publ ished on every to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before ~ m/,e~s~c~...~.~. ............ da~ ..... A.D., 19 ~ j (NOTARI~A: SE~L~ ......~....~T.L. ~ ............................................................... ~ Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... I~EVERLY .~. )UR~'~,AN NOTARY.' PU~L~ COUNTY OF HENNEP~N STATE OF MINneSOTA ORDINANCE NO. 71-12 AN ORDINANCE AMENDING CHAPTER 4 OF THE VILLAGE CODE RELATING TO TOWNHOUSES The Village Council of the Village of New Hope ordains: Section 1. Section 4.92 of the Village Code is amended by the addition of the following: "Subd. (15A) Dwellin9 - Townhouse. See Section 4.92, Subdivision (54A)." "Subd. (54A) Townhouse. Townhouse: Single family building having only one or more walls in common with another single family building oriented so all exits open directly to the outside." Section 2. Section 4.20 of the Village Code is amended by the addition of the following: "(2A) TR Townhouse Residence Districts. Areas deemed well suited to townhouse developments." Section 3. Chapter 4 of the Village Code is amended by addition of the following: "4.32 TR Townhouse Residence District. Subd. (1) Permitted Uses. Within any "TR" District no structure or land shall be used except for one or more of the following uses: (A) One family townhouses subject to the following: (i) A Townhouse is a single-family building which shall have only one or two stories. (ii) A structure containing a Town- house shall have 3 to 6 dwelling units with no single wall greater than 80 feet without an offset of 10 feet or more, or an angle of 22.5 degrees, or more. (iii) A two hour rate fire wall from the basement floor to the roof with a minimum 12 inch parapet shall be required to separate each two (2) dwelling units con- nected by a common wall from all other units. (iv) Townhouse projects shall have a recreational area containing an area equal to four hundred (400) square feet per unit. (B) Public parks and playgrounds." Section 4. Section 4.44 of the Village Code is amended by the addition of the following: "(7) In TR Townhouse Residence Districts. Single family detached dwellings Two family dwel I i ngs" Section 5. Chapter 4 of the Village Code is amended by the addition of the following: "4.46 Planned Developments For Townhouse Projects by Special Use Permit Only. Planned Developments for townhouse projects (see Section 4.23, Subd. 9) are permitted by special use permit only." Section 6. Section 4.22 of the Village Code is amended by the addition of the following: "4.22 Subd. (1) Lot Area, Height, Lot Width and Yard Requirements for TR Districts. (A) No residential structure shall exceed 35 feet in height. (B) All structures shall comply with the minimum front yard, side yard and rear yard setbacks established for Limited Business Districts. -2- (C) The following minimum requirements shall be observed: Lot area per dwelling unit - 10,000 square feet Lot width - 75 feet Lot depth - 125 feet Each 1 bedroom unit - 900 square feet of floor area Each 2 bedroom unit - 1100 square feet of floor area Each additional bedroom - 100 square feet of floor area" Section 7. Section 4.92, Subd. 17 of the Village Code defining the term "floor area" is amended to read" "Subd. (17) Floor Area. The sum of the gross horizontal areas of the several floors of the building or the portions thereof, devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the floor area shall not in- clude basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. In determining the floor area minimum requirements of 1-Family structures, 2-Family structures and Townhouse 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 closed breezeways or porches, or basement area other than such area devoted to garage purposes. Floor area of other residences shall not include base- ment area or the area of attached or unattached garages, enclosed breezeways or porches." Section 8. Section 4.23, Subdivision (9), Clause (C) of the Village Code is amended to read: "(C) In residential and limited business districts the minimum requirements for lot area for each dwelling unit for multiple dwellings or townhouses may be reduced not to exceed 50% and no variance shall be required for such exception. Otherwise, the same over- -3- all population density is to be maintained as would be the case with more conventional development under the Village's zoning requirements." Section 9. Section 4.23, Subdivision (9) of the Village Code is amended by the addition of the following: "(G) In townhouse projects constructed under Planned Development, the owner or owners by making an application of a special use permit authorizing completion of the development here- under shall conform to the following requirements: (i) Private owners within the project shall have an improved roadway sur- face of 25 feet, or more, in width and shall be so designed and con- structed as to permit the village fire trucks to provide protection to each building. Such roadways shall be improved in accordance with all specifications of Section 4.554, except subdivision (3) (b) (5) and (3) (f) thereof. (ii) Provision for trash pickup shall be provided according to a plan approved by the Planning Com- mission and Council. (iii) A contract shall be entered into wi th the Village relative to maintenance of common space giving the Village the right to enforce mai ntenance. (iv) Conditions imposed by the Council in the granting of the special use permit, including the recording of protective covenants running to the public limiting the number of units that may be built on the subject land. (v) All provisions of the zoning and building codes of the Village re- lating to multiple family dwellings of three units or more, except those which by their nature have no appl i cati on." -4- Section 10. Section 4.85 of the Village Code is amended to read: "4.85 Approval of Planned Development - Multiple Dwellings and Townhouses. 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 Development up to a maximum of $100.00. Such fee shall be in addition to any rezoning, special use permit (other than the Permit for the Planned Development per se) ordinance fee, if such action is required to implement the Planned Development." Section 11. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota this ~ day of ~ ~ ' 1971. -- q~k]Treasurer (Published in the New Hope-Plymouth Post _s~,m~ ~ ~__ , 1971). -5- ORDINANCE NO. 71-12 AN ORDINANCE AMENDING CHAPTER 4 OF THE VI LLAGE CODE RELATING TO TOWNHOUSES Village of New Hope, FAinnesata i The Village Council of the Village of New Hope ordains: Section 1. Section 4.92 of the Village TIlE NEW HOPE-PLYMOUTH POST 2ode is amended by the addition of the ~ :ollowing: ~'Subd. (15A) Dwelling-Townhouse. ~ See S~ction 4.92, AFFIDAVIT OF PUBLICATION SUbdivision (54A)." -Subd. (54A) Townhouse. Townhogse: Single family build- 'lng having only one or more walls in common with another single fam- ily_ bujIding orienteq so all exits ~ O~ ~J~O~ Settle'"2. Se~i0n 4.20 ~ ihe Vinage ~?.: ~; :ode is am~ded by the addition of the COUNTY OF HEN~EPIN ~ following: ?. "(2Al TR Townhouse R · s i dance Oistri~s. Areas deemed well well. suited to low,house developments." Section 3. Chapter 4 of ~e Village E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of Code is amended by addit~n of the ThePost Publishing Co.,publlsherandprinterofthene~paperknownas following: "4.32 TR T0wnhouse Resl~nce Dis- ~E NEW HOPE-PL~OU~ POST trict. Subd. ( 1 ) Permitted Uses. ~ and has fu II knowledge of the facts herein stated as follows: Within any "TR" District no struc. - ' (1) Said newspaper is printed in the English language in newspaper format and in column and sh~t form ~uivalent lure or land shall ~ used except for ~ in printed space to at least 9~ square inches. (2) Said newspaper is a weekly and is distribut~ at least once each ~<~one or mo~ of the following us~: week. (3) Said newspaper has ~ percent ~ its news columns, devoted to n~s ~ local inter~t to the community ~ iA) One family townhouses subject which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, ~'[' to the fo ow ng ;,~ plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it pur~rts to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its ~'"~ (ii A Townhouse is a single- 'r~. total circulation currently paid or no more then three months in arrears and has entry as second-class maffer in its family building which shall ~. have only one ~ two stet- local post-office. (5) Said newspaper purports to serve the ~es. ¥ ' VIL~GE OF NEW HOPE AND PL~O~ (ii) A structure containing a Townhouse shall have 3 to ~ in the County of He~nepin and it has its known ~ice of issue in the City of Crystal in said county, establish~ and open 6 dwelling units with no ~-:~[ during its r~ular business hours for the gathering of ne~, sale of advertisements and sale of subscriptions and single wall great~ than 80 maintained by the managing ~ficer of said newspaper or persons in its employ and subject to his direction and control feet without an ~fset of 10 during ell such r~ular hours and at which time said ne~paper is printed. (6) Said newspaper files a copy of each feet or more, or an angle ~: issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions ~ of 22.5 degrees, or more. for at least two years prec~ing the day or dates of publication mentioned below. (8) Said newspaper has filed with (iii) A two ~our rate,fire wall the Secretary of State of Minnesota prior to January 1, ]9~ and each January 1 thereafter an affidavit in the form from the basement floor to "- prescribed by the Secretary of State and sign~ by the managing officer of said newspaper and sworn to before a ~, the roof with a minimum 12 ~ notary public stating that the newspaper is a legal newspaper. ~ (2) dwelling units connect- He further states on oath that the printed ... alt other units~ ~ (iv) Townhouse ~ects shall ...................................................................................................................... ' (Bi Public parks and playgrounds." Section 4. Section 4.44 ~ the Village the English lan~age, o~e each week, for .~... successive weeks; that it was first so published on C~de is amended by the addition of.the '~Uowing: ..... ~ ~~~F .~ ~, "(7) tn TR Townhouse Residence the.~. ...... day o~~. 19. ~'... and was thereafter print~ and published on every ..................... Districts. Single family det~ch~ dwell- ings to and including the .......... day of ........................ 19 ...... and that the following is a prlnt~ copy of the Two family dwellings~' Section 5. Chapter 4 of ~e Village ~ode is amend~ by the addition of the lower case alphabet from A to Z, both inclusive, and is hereby acknowl~ged as being the size and kind of type us~ in ~following: ~(~,"4.46 Planned Developments For -~¥ Townhouse Projects by S~- thecom~sitionandpublicationofsaidnofice, towit: -~:' cial U~e Permit Only. ?~'~house pro ects (see Se~i~ 4.23, abcdefghijkimnopqrstuvwxyz--SV~ pt. Sans ~ Subd. 9] are permitt~ by. special :~Se~ien $. Section 4.22 of the Village ~ode is amended by the addition of the ~'4.22Subd. (1) Lot Area, Neight~ Lot Width and Yard Requi~- merits for TR Districts. iA) NO residential structure .............. ...... shall exce~ 35 feet in height. lB) All structures shall eom- Subscribed a~to before ply with the minimum ~~ o~ lished for Limit~ Eusi- ness Districts. lC) The following minimum ..................................... requirements shall be served: Lot area per dwelling (NOTARIAL SEAL) feet Lot width ~ 75 feet Notary Public, .............................. County, ~innesota Lot depth ~ 125 feet 1100 square feet of floor j~,_~ ?,:,~ PUBLIC Esch additional bedroom .... ~ ~ ~ ' ~ -- ~ square f~t of ccU~:~Y ~.F ........ ~ :~72.7E ~'~ , ~ction 7. Section 4.92, Subd. 17 of ~¥,:~.,, ...... ,.: ~" ~ :X;:'77: LZ?.2;:.:, IS77 the Village Code defining the term ~Subd'.(17) Flffir Area. NOTICE OF PUBLIC HEARING ON AMENDMENT TO ZONING CO~E (Townhouses) Village of New Hope, Minnesota Notice is hereby given that the New Hope Planning Commission w~3! meet at the Village Hall, 4401Xyton Avenue North, in saidVillage on August 3, 1971 at 8:30 p.m. to hold a public hearing on a pro- posed amendment to the Village Zoning Code. The amendment to be considered relates to provisions for townhouses under our present zoning code. Th® Village Council will consider this proposed amendment at its first meeting following the final recommendation of the Planning Commission. Ail interested persons are invited to attend both meetings and to be heard regarding this amendment, Actual copies of the proposed text of aforesaid amendments can be obtained from th® Village Manager. Dated: July 19, 1971 Betty Pouliot Village Clerk-Treasurer (Published in the New Hope Plymouth Post on July 22, 1971). THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known Office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6} Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He furthe~sta;es on oath that the printed.. · .~. · '.~. ~~.....~.. · .~. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for ...... successive weeks; hat it was first so published .~..~day/2~ ~ 19 .~../and wasthereafter r~nted and ubl~shed the~. ~ of.. p p on every to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--SV= pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota AAy Commission Expires .............................. 19 ...... ORDINANCE NO. 71-i3 AN ORDINANCE AMENDING SECTION 3. 164 OF THE VILLAGE CODE RELATING TO FENCING OF PRIVATE SWIMMING POOLS The Village Council of the Village of New Hope ordains: Section 1. Section 3.164 of the Village Code is hereby amended to read as follows: 3.164 Enclosed by Fence. Subd. (a) Pools on Location. Ail swimming pools to be con- structed or which are already con- structed shall be completely sur- rounded by a fence or wall not × less than 4 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in any dimension, except for doors and gates; if a picket fence is erected or maintained, the horizontal dimensions shall not exceed 4 inches. A dwelling house or accessory building may be used as part of such enclosure, but otherwise the fence or wall shall be erected on the ground. Ail gates or doors open- ing through such enclosure shall be equipped with a self-closing and self- latching device for keeping the gate or door securely closed at all times ~hen not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. The fence shall be of a type not readily climbed by children. Subd. (b) Pools on Display. Ail portable "private swimming pools" that are on display by re~- tailers, whether for sale, demonstra- tion or otherwise and when actually filled with water over a greater depth than 18 inches, shall be en- closed as provided in Subd. (a) of this section; provided that, the Building Inspector may make modifi- cations in individual cases of dis- play pools, upon the showing of good cause, with respect to the height, nature or location of the fence or wall gates or latches, or the necessity therefor, and may permit other pro- tective devices or structures to be used so long as the degree of protec- tion sought by this section is not reduced thereby. Modifications for other than display pools shall be processed pursuant to Section 3.169. Section 2. Effective Date. This ordinance shall be in full force and effect from and after its passage and pub- lication. Passed by the Village Council of the Village of New Hope this ~ day of ?f ..... ~ Z~- , 1971. ' ~-Treasurer {~blished in the New Hope-Plymouth Post ~M~~ z_ , 1971) '2- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject fo his direction and control during all such regular hours and at which time said newspaper is printed. (6] Said newspaper files a copy of each issue immediately with the State Historical Society. (7] Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed..~ .'~.... · . .~..~.:..'?.Zi .~.~..~... .......................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English langu~age, once each week, for./. ~.. successive weeks; that it was first so published on"~r"J...~ the..~...~ay of~~ 19. ?.~.. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans Subscribed and swor~ to before /'~ _~_~__~ // ~- ~ me this~,~ ............. day ~.~t~9..~./.. (NOTARIAL SEAL) Notary Public, .............................. County, Minnesota My Commission Expires ............... · ............... 19 ...... ORDINANCE NO. 71-14 AN ORDINANCE ADDING SECTIONS 2.300 THROUGH 2.308 TO THE VILLAGE CODE RELATING TO THE ESTAB- LISHMENT OF THE NEW HOPE ENVIRONMENTAL COMMISSION The Village Council of the Village of New Hope ordains: Section 1. Chapter 2 of the Village Code is hereby amended by adding thereto Sections 2.300 through 2.308 to read as follows: "2.300 NEW HOPE ENVIRONMENTAL COMMISSION" 2.301 Purpose. (1) There exists an expression of interest among the citizens of this community in regard to the quality of the environment, there being a deep concern for the safety, comfort, and well-being of our citizens, as well as posterity. (2) The problems of environmental control and the quality of the environment affects everyone. (3) Metropolitan growth has historically been coupled with deterioration of ecological systems. (4) It is the duty of government to safeguard our ecological systems and to assure all a safe health- ful environment for work and leisure. 2.302 Established and Scope. Subd. (1) Environmental Commission Established The Village Council hereby establishes the New Hope Environmental Commission. This commission shall function in an advisory role to the Village Council and other commissions on matters of the environment; as a resource group to the community, and~as a informational and educational coordinator to the Village.-- Subd. (2) Scope The Village Council may refer to the Environmental Commission problems including the following: air, water, watershed, community environmental aesthetics, noise ~nd other pollution, land use, and solid waste dispos- al for study and recommendation. 2.303 Membership, Terms, Removal and Vacancies. Subd. (1) Initial Membership The commission will be composed of twelve (12) members who are residents of the Village of New Hope -- two of which shall be under eighteen (18) years of age. The new members will be appointed by the Village Council, and will serve two year terms such that five (5) of the adult member's terms will expire each year, to allow a greater number of younger people to participate, the appointees under 18 years of age will serve one year terms, to expire the day after the first Council meeting of each year or until their successors are duly appointed and qualified. Each of the twelve regularly appointed members of the commission shall have one vote. Subd. (2) Term of Office The term of five of the first adult appointees shall extend to the first Council meeting of 1973, or until their successors are duly appointed and qualified. The term of the remaining five shall extend to the first Council meeting of 1974, or until their successors are duly appointed and qualified. Subd. (3) Resignation and Removal A member of the commission may resign upon written notification to the commission of his intent. The commission may by vote of a majority of its members, petition the Council to dismiss any member of the commission at such a time in its judgement, the best interest of the commission are not being served. Subd. (4) Vacancies Vacancies shall be filled by the Village Council for the unexpired term. 2.304 Offices. The commission will elect a chairman, a vice-chair- man, and a treasurer at its first regular meeting. The term of each office shall be one year. The chairman shall provide an agenda and preside over all meetings. The agenda shall include the date, time, and place and should notify members of the meeting one week prior to the meeting. The vice-chairman shall function in the role of the chairman upon his absence. The treasurer will keep a record of all fiscal operations of the commission and the commission shall submit an annual report to the council on or before the 10th day of January of each year. -2- 2.305 Secretarj/. The Village Manager shall assign one person to act as secretary from the regular staff of the Village to record the minutes of each meeting, distribute agendas and perform all the regular routine clerical duties of the commission. 2.306 Meetin.gs. The commission shall meet as is deemed necessary at the discretion of the commission but not less than four times annually. The meetings shall take place in the village hall in a place conducive to carrying out the organized, intelligent operation of the commission. The commission meetings shall be open to the public. The order of business shall be conducted by the same rules of Parlimentary Procedure which govern the opera- tions of the Village Council, except where manifestly inconsistent. Special meetings may be called bY the chairman or three members in accordance with the commission by-1 aws. 2.307 Ex-Officio Members. A member from each of the other village com- missions is encouraged to act as a liaison between their commission and the Environmental Commission. 2.308 Task Groups. Community task groups that form to study problems of the environment may approach the commission or be re- ferred to the commission by the Village Council. One or more members of the commission may serve on the task group to act as a communication link between the task group and the Environmental Commission. Section 2. This ordinance shall take.effect and be in full force from and after its pass.age and publication. Passed by the Village Council of the Village of New Hope this t3~ day of ~?~/~ 1971. AtteSt: ~ ~~ ' ' c~z~11~)~k-T re as u re r Published in the New Hope-Plymouth Post the ~m~ ~/~day of ~y~t~ &-~ , 1971. - 3 - ORDINANCE NO. 7i-14 AN ORDINANCE ADDING SECTIONS 2.300 THROUGH 2.308 TOTHE VILLAGE CODE RELATING TO THE ESTABLISH- MENT OF THE NEW HOPE ENVIRONMENTAL COMMISSION Village of New Hope, Minnesota The Village Council of the Village of New Hope o~'dains: TI-I~ HEW I'IOPE-PLYMOUTH POST section I ChapteR2 of the Village Code is hereby amended by adding thereto Sections 2.300 through 2.308 to read asfoliows: AFFIDAVIT OF PUBLICATION "2.300 NEW HOPE EN- VIRONMENTAL COMMISSION 2.301 Purpose. (1) There exists an expression of interest among the citizens of this community in regard to the quality STATE OF MINHESOTA of the environment, there being a deep concern for the safety, cum- CO~J'NT~' OF ItEHI~IliPlI~ fort, and well-being of our citizens, as wel as posterity. (2) The problems of en- vironmental control and the duality of the environment affects everyone. (3) Metropolitan growth has historically been coupled with E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of deterioration of ecological systems. The Post Publishing Co., publisher and printer of the newspaper known as (4) It is the duty of government to THE NEW HOPE-PLYMOUTH POST safeguard our ecological systems and to assure all a safe healthful and has full knowledge of the facts herein stated es follows: environment for work and leisure. (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent 2.302 Established and Scope, in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each Subd. (1) Environmental Cum- week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community mission Established which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, The Village Council hereby plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports establishes the New Hope En- to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its vFronmental:~ Commission. This total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its commission ~i~hall function in an local post~ffice. (5) Said newspaper purports to serve the advisory rode; to the Village Council and other Ce/nmissions on matters VILLAGE OF NEW HOPE AND PLYMOUTH of the environment; as a resource in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open group to the commmunity, end as an inforrnatib'nal and educati~)na during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control coordinator'to the Village. during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each Subd. (2) Scope issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions The Village Council may refer to for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Environmental Commission the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form problems including the following: prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a air, water, watershed, community notary public stating that the newspaper is a legal newspaper. environmental aesthetics, noise and , other pollution, land use, and solid ~,~.'~.. waste disposal for study and Hefurtherstatesonoaththattheprinted . . : .......................................... recommendation. 2.303 Membership, Terms, Removal and Vacancies. Subd. (1) Initial Membership ..... '. ................................................................................................................ The commission will be composed of twelve (12) members who are hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in residents of the Village of New Hope -- two of which shall be under eighteenmembers(18)willYears of be appointedage' Theby neWthe the Enqlish language,/o~nce each week, for .. uccessive weeks; that it was first so published o . Village Council, and wil serve two year terms such that five (5) of the the~... ....... day o~.~ ................. 9 ...... and was thereafter printed and published on every ..................... adult member's terms will expire each year, to allow a greater number of younger people to par. to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the ticipate, the appointees under 18 years of age will serve one year terms, to expire the day after the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in first Council meeting of each year or until their successors are duly ap- pointed and qualified. Each of the the composition and publication of said notice, to wit: twelve regularly appointed mem- bers of fha commission shall have one vote abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subd. (2) Term of Office The term of five of the f~rst adult appointees shall extend'fo the first Council meeting of 1973, or until their successors are duly appointed and qualified The term of the remaining five shall exten(~ to the first Council meeting of 1974, or until their successors are duly appointed and qualified. ' Subd. (3) Resignation and Removal .A member of the commission may ~ thereSign upon written notification tOcommission of his intent. The Subscribed and s.~n fo before f majority of its members, petition me ............... day A D 19 the Council to dismiss any member of the commission at such a time in its judgement, the best interest of ........................................... the commission are not being set- '~/ .... red. Subd. (4) Vacancies ( Vacancies shall be filled by the Village Council for the unexpired term. Notary Public, .............................. County, Minnesota 2.304 Offices. The commission will elect a chairman, a vice-chairman, and a My Commission Expires .............................. 19 ...... treasurer at its first regular L33~eet~ng. The term.of each office shall be one year. The chairman shell provide an agenda and preside over all meetings. The agenda shall include the date, time, and place and ~ ~- -~ should notify members of the meeting one week p?ior to the meeting. The vice-chairman shall function in the role of the chairman i upon his absence. The treasurer will keep a record of all fiscal operations ORDINANCE NO. 71- ~ AN ORDINANCE AMENDING SECTION 3.49 SUB- DIVISION 1 OF THE VILLAGE RELATING TO INCORPORATING BY REFERENCE THE UNIFORM BUILDING CODE, 1961 EDITION, VOLUME I, AND UNIFORM BUILDING CODE, 1970 EDITION, VOLUME III '~{OUSING". The Village Council of the Village of New Hope ordains: Section 1. Section 3.49, Subdivision 1, of the Village Code is amended to read: 3.49 Adoption of Publications by Reference. Subd. (1) Uniform Building Code. There is hereby adopted and incorporated into this Code, by reference, these certain published codes prepared by the Pacific Coast Building Officials Conference, for general circulation and use, which are entitled "Uniform Building Code, 1961 Edition, Volume I" and "Uniform Building Code, 1970 Edition, Volume III Housing", except to the extent that the provisions of either of said "Uniform Building Codes" are inconsistent with the other sections of this Code, and. save and except such portions as are amended or modi- fied in Sections 3.49 (2) and 3.50. All refer- ences in either of said "Uniform Building Codes" to (i) the'tity" shall be interpreted as meaning the Village of New Hope, (ii) the Building Official" shall be interpreted as meaning the Building Inspector, and (iii) the Health Officer" shall be interpreted as mean- ing the person designated by the Village as the Health Official of the Village. Ail re- ferences in said "Volume III Housing" to the 'Uniform Building Code, Volume I, 1967 Edition" shall be interpreted as meaning the "Uniform Building Code, Volume I, 1961 Edition: In the event of inconsistency between either of said "Uniform Building Codes" and this Code, the more restrictive provision or provisions shall govern. Three copies of said "Uniform Building Code, 1961 Edition, Volume I", and one copy of the "Uniform Building Code, 1970 Edition Volume III Housing" shall be marked as "Official Copy" and filed for reference and inspection in the Office of the Clerk- Treasurer. Section 2. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $300 or by imprisonment not to exceed 90 days, or both. Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this Z~g~ day of S~~,-, 1971. z 6~'Treasurer (Published in the New Hope-Plymouth Post this ~'~/~7~/~, 1971.) -2- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN E. C. L'Heraulf, being du~y sworn, on oafh says he is end during aH the times herein stated has been the Presidenf ot The Post Publishing Co., publisher and printer of fhe newspaper known es THE NEW HOPE-PLYMOUTH POST ~r e and has fu II knowledge of the facts herein stated as follows: Code, 1 (1) Said newspaper is printed in the English lenguage in newspaper format end in column and sheet form equivalent 1970 in printed spece to at least 900 square inches. (2) Seid newspaper is a weekly and is distributed et least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate eny other publication and is not made up entirely of patents, plate matter end advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has et least 500 copies regularly delivered to peying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more then three months in erreers and has entry as second-class matter in its local post-office. (5) Said newspeper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of edvertisements and sale of subscriptions end maintained by the managing officer of seid newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Seid newspeper has complied with ell the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to Januery 1, 1966 end each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is e legal newspaper. He further states on oath that the printed.. ~.~~..-'~.. ~. · .~...'.. i~./..~../..~.. ................................ hereto attached as a part hereof was cut from the columns of said newspaper, and wes printed and pubJished therein in the English lal~uage, o~ce each week, for.//..., successive weeks; thet it was first so published on th e~..~. ..... day of~ .... 19.././... and was thereafter printed and published on every to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used Jn the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Nofery Public, .............................. County, ~innesote Commission Expires .............................. 19 ...... ORDINANCB' NO.,' :7'I.-16 AN. '.OR~I NANC'B'. AMBNDI NC S B'CTION ".9 ~0 9, OF THE I~ILLA'GB CODB RBL~TING'. ~T0'. '' COL'LE'C'T,I.0N. 'D F ' COS TS % NCURRBD. I N EXT INGU. IiSHI NG F I RES THB IIILL'~GB C.OUNCIL 'OF THE lfill.age 'of New Hope Ordains :- Se'Ct'i~o'n 1. Chapte'.r. 9 of the Ifill'.aBe ·Code is he.reby amenTd~-d7 by. addi.ng tkez'e,t'o Section 9.0 9, to'. read as follows:' "Se'cti.on 9. O 91.Fire' iCont'rol' 'Costs. BverY .per. sen, firm 'or corpora~i'.on that is not 'a res[.ide.nt '.of the Vi:llage '.o~ the owner of real property.-.in tke~ Vi:llage subject to-. real proper:ty taxes ,' shall be llab.le for :all expenses. 'incurred by the l~i.llage in fighting or pr. even. ting the s'prea.d or eX'.tinghishing any. fi~e caused by. or resultihg from"his 'or its' 'acts',' negligence or om~ss'~ons. Th'.e.fFire Chi'el. shall keep a record, of the cost','.inclUding work .done by. volunte'.er firemen and other.' Vi:llage empl.oyees' and equipment, and £ile ith. e same ~ilth '.the. 'C.ler:k.-Tre a:s urer. Thereupon the Clerk.-T.r.easurer'-shall b:ill tke person, firm or corporation liable i.therefor, as above P. ro¥ided'.. No:. license of any p'erson, firm or corporation liable for ,the expenses incurred, in fire control as provided' ab.eve, shall be' renewed, if the licansee is defaul-t in payment of any bill hereUnder'.'' S'e'ctiO'n 2. This ordinance sh-all be 'in full :force and effect '.from and after its: passa'ge 'and publicati'on. passed by the Villa:ge .Council.of the .Village .of Pub l'ished', in: :the' Ne~. HOpe-:P.lymoutk Pos t' · ,..1,9'7 !, THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY' OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1] Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper... He further states on oath that the printed.. !/~. '.~ .~ .~'~. '~.~ ~. ~ ~..~.. ~ .'~..~.~: L...?.~.'.?.,.. ~7, ./~. ~' .x ./i .~.. .................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English I~nguage, once each week, for../..successivew~eks; that itwas first so published on.../~..~.,.~c~ the...~. ...... day of..~'.~'....-c~...~.~..~--~...-.~'...-?..~.~.-.. 19../..,./.. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sT to before (NOTARIAL SEAL) ~/ Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 71-17 AN ORDINANCE PROHIBITING THE SALE OF CERTAIN NON- RETURNABLE DISPOSABLE BEVERAGE CONTAINERS, PROVIDING FOR THE REDEMPTION OF RETURNABLE CONTAINERS, PRO- VIDING FOR INSPECTIONS, AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF, ADDING SECTION 9.180 The Village Council of the Village of New Hope ordains: Section 1. The Village Code of the Village of New Hope is amended by the addition of Sections 9.180 through 9.186, in- clusive. "9.180 NON-RETURNABLE DISPOSABLE BEVERAGE CONTAINERS 9.181 Prohibitions. No person shall sell, offer for sale, distribute, or donate beverage in non-returnable or disposable · beverage containers as herein defined within the Village of New Hope, Minnesota. 9.182 Redemption. No person shall refuse to redeem a specific re- turnable beverage container, provided such beverage container is offered for sale by such person. 9.183 Definitions. The following definitions shall apply in the in- terpretation and enforcement of this ordinance and the following words and terms whereYer~they occur in this ordinance are defined as follows: Subd. (1) Beverage. "Beverage" shall mean all alcoholic and non- alcoholic beverages as herein defined. Subd. (2) Non-Alcoholic Beverage. "Non-AlcoholicBeverage" shall mean any mineral waters, distilled waters, spring water and any bottled drinking waters, any soda or tonic waters, or any carbonated or uncarbonated beverage not -2- containing alcohol that is commonly known as a soft drink, pop, cola, soda pop, soda, near beer or a mix; provided, however, that orange juice, tomato juice and other fruit and vegetable juices shall not be deemed a mix for the purposes of this ordinance. Subd. (3) Alcoholic Beverage. "Alcoholic beverage" shall mean any beer, ale, or other malt beverage containing one-half of one per centum or more of alcohol by volume. Subd. (4) Container. "Container" shall mean any device or material used for the purpose of holding or containing a beverage. Subd. (5) Non-Returnable or Disposable Beve.rage Container. "Non-returnable or disposable beverage con- tainer'' shall mean any container which is or has at one time been sealed, the title to which the seller intends to pass with the sale of the con- tents, and which is not suitable or is not in- tended for reuse. Subd. (6) Sale. "Sale" shall mean a commercial transaction by any person, firm, individual, corporation, partnership, vendor, or owner or operator of a vending machine whereby beverages are exchanged for any consideration. Subd. (7) Health Authority. "Health Authority" shall mean the representa- tive(s) duly appointed and designated by the Village Manager, to promote and preserve the health and welfare of the citizens of the Village of New Hope. - 3- Subd. (8) Person. "Person" shall mean any individual, natural person, firm, association, organization, partner- ship, business, institution, agency, or any Federal, State or local government agency or instrumentality or other entity recognized by law as the subject of rights and duties; the masculine, feminine, singular or plural is included; in any circumstances and shall include employees, licen- sees, tenants, manager's and operators of equip- ment. 9.184 Inspections. Such person as is designated by the Village Manager, or his authorized representative, shall inspect any and all premises as often as deemed necessary to enforce the provisions of this ordinance. 9.185 Separability. Should any section, subdivision clause or other provision of this ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole nor of any part thereof other than the part so declared to be invalid. 9.186 Violations. Any firm, individual corporation, partnership or vendor selling beverages within the Village found guilty of a misdemeanor shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for not to exceed 90 days or both. Section 2. Effective Date. This ordinance shall take effect fifteen (15) days after its publication. Provisions of this ordinance shall apply to all sales, offers for sale, distributions or donations of beverages in non-returnable or disposable beverage containers as defined herein, made after September 1, 1972, but not until adoption of a similar ordinance by all Hennepin County munici- pal i ti es. Passed by the Village Council of the Village of New Hope, Minnesota on the 22nd day of November , 1971. ~~._.~_ ._c o ~, Attest: '~>~/ Clerk-Treasurer (Pu61i~hed in the New Hope-Plymouth Post December 16, 1971 ). AN ORDINANCE PROHIBITING THE SALE OF CERTAIN NON- RETURNABLE DISPOSABLE BEVERAGE CONTAINERS, PROVIDING FOR THE REDeMP- TION OF RETURNABLE CON- TAINERS, PROVIDING FOR IN- SPECTIONS, AND PROVIDING PENAt. TIES FOR VIOLATIONS OF THE PROVISIONS THEREOF, ADDING SECTION 9.180 Village of New Hope, Minnesota THE NEW HOPE-PLYMOUTH POST The Village Council of the Village of New Hope ordains: Section 1. The Village Code of the AFFIDAVIT OF PUBLICATION V age of New Hope is amended by the addition of Sections 9,180 through ~9.186, inclusive. "9.180 NON-RETURNABLE DiS- POSABLE BEVERAGE CON- TAINERS STATE OF MINNESOTA 9.181 Prohibitions. NO person shall sell, offer for sale, COUNTY OF H~'~N~PIN distribute, or donate beverage in non-returnable or disposable beverage containers as herein defined within the Village of New Hope, Minnesota. 9.182 Redemption. No person shall refuse to reaeem a E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of specific returnable beverage con- The Post Publishing Co., publisher and printer of the newspaper known as tainer, provided such beverage container is offered for sale by such THE NEW HOPE-PLYMOUTH POST person, and has full knowledge of the facts herein stated as follows: 9.183 Definitions. (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent The Following definitions shall in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each apply in the interpretation and week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community enforcement of this ordinance and which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, the tollowing words and terms plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports wherever they occur in this or- to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its dinance are defined as follows: total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its Subd. (1) Beverage. local post-office. (5) Said newspaper purports to serve the "Beverage'~ shall mean all alcoholic and~ ' non-alcoholic VILLAGE OF NEW HOPE AND PLYMOUTH beverages as herein defined. Subd. (2] Non-Alcoholic Beverage. in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open "Non-Alcoholic beverage" shall during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and mean any mineral waters, distilled maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control waters, spring water and any during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each bottled drinking waters, any soda I issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions or tonic waters, or any carbonated for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with or uncarbonated beverage not the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form containing alcohol that is cpm- prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a monlv known as a soft drink, pop, notary public stating that the newspaper is a legal newspaper. cola, soda pop, soda, near beer or a ..~.~ ..~.. ?...~. / F. mix; provided, however, that orange u~ce, tomato juice and Hefurther states on oath that theprinted ......... .~.. .'. .................... other fruit and vegetable juices shall dot be deemed a mix for the purposes of this ordinance. · ..................................................................................................................... Subd. (3) Alcoholic Beverage. "Alcoholic beverage" shall mean any beer, ale, or other malt hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi~ed therein in beverage containing one-half of one per centum or more of alcohol / volu me. the English I~]lguage, once each week, for ...... successive weeks; that it was first so published on by Subd. (4, Container- /..~. ~"'~' . .~..~.,~~ / "Container" shall mean any device or material used for the the ...... dayof ..19.?....andwasthereafterprintedandpublishedonevery ..................... purpose of holding or containing a beverage. Subd. (5) Non-Returnabl~ or to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the Disposable Beverage Container. "Non-returnable or disposable 9everage container" shall mean lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in any container whicl~ is or has al one time been sealed, the title to which the seller intends to pass the composition and publication of said notice, towit: with the sale of the contents, and which is not suitable or" is not in- abcdefghiiklmnopqrstuvwxyz 51/2 pt. Sans tended for reuse. Subd. (6) Sale. "Sale" shall mean a commercial transaction by any person, firm, individual, corpor,ation, part- nership, vendor, or owner or ~~..~. ~ operator of a vending machine whereby beverages are e~changed for any consideration. - Subd;,(7), Health Authority. .i. "Health Authority" shall mean .......................... the representative(s) duly ap- ~ointed and designated by the Village Manager, to promote and Subscribed and swo~n to before preserve the health and welfare of '~, the citizens of the Village of New Hope. m Subd, (8) Person. dividual, natural person, firm ............................................... nership, business, institution, agency, or any Federal, State or (NOTARIAL SEAL) strumentality or other entity recognized by law as the subject of Notary Public ............................... County, Minnesota right~i and duties; the masculine, feminine, singular or plural is included; in any circumstances My Commission Expires .............................. 19 ...... and shall include employees, 9.184 Inspections. ~ ,', ;~. ,.'~ ~, ~ , ,'~ ' . ,' ~ ~.~ Such person as is designated by the Village Manager, or his., ~i,:f .... ~- ~ .. i . ' ' ~:: '~ authorized representative, shall inspect any and all premises as often as deemed necessary to enforce th~! , provisions of th s etd nance: 9.185 Separability. Should any section, subdivision ORDINANCE NO. 71-/j? ~ AN ORDINANCE RB.GULATING THE KEEPING OF WILD ANIMALS 'IN THE VILL'AGE 'OF NEW HOPE The ¥ill.age Council of the Village of New Hope ordains: 'Se:c:.ti~.on 1. The following Sec.tions' -? .S0 through.' ? .57 are hereby~added-.to, t.ke ¥i~ll.age '.Cbde: "?'.50 R p. G U L A T I 0 N 0 F K E E P I N ,G W I L D ANIMALS }Vi.id animals as defined herein are .any animals ~or reptiles wtrich, when in' their uncaptu~red, wild st'ate, have the 'Physical capacity ~to. be dangerous to. the safety and welfare .of any person. 'EXamples 'of such wild animals (bu.t-~not 'limi~e'd. to. 'these exampleS) would .be bear, mountain lion, .wolf, cougar,' rattlesnake, and panther. Reducing such WiId animkls ~to captivity, whether 'trained or otherwise domesticated in any manner,' shall not' ~remove-Such animal · from' the .requirements' and r.egulations herein. 7'.15 2 RUnning'_ 'a'~t.. 'Large .~ No wild animals shall be. permitted' to'. run at large on ei:ther publ'ic or 'private'. 'property. in the ¥illage 'of New Hope, and shall be. regulated as 'follows:: Subd. ('1) '~ 'EnClos'ures · Ail' wild an'imals 'in .the ¥i:l'lage Shall' be. 'kept · in enclosures which 'are. SecUre bO.~h :from escape bY the' animals,~ .and from entrance :or access from t'h.e outside,, other than 'bY the'i'r keep:er's~ as authorized bY the' ¥i'l'lage iof New Hope. 'Acc'e'ssl 'from the: 'outside shall be' s'u~h'"that :the hand 'or arm or .otker'p'art~ of the-.hUman bOdy' cannot be reached by the caged animal, bY act ":of either..the Person 'or the a~imal · o r. b Oth..' The' .plans f'or the' constr,ucti'.on and se:cUrity of the. enclosure, containi.ng a wild'animal -shall be sU'bmi't~.e.d to. tkeBuilding Inspect-Or, who'. shall .uti~lize.'th.e SeCUrity re~irem.ents of .this · 'ordinance as st'andards in det:elr'mining the st'~engtk and adequacy of the proposed enclosure. Plan§ for enclOsu'res p.reS.ently in use' f'or wild animals wiltki'n'tke ¥il'la'ge shall~.be, sUbmitt'.ed to the Building Inspector ~ithi'n 30. days of t.ke ,effective date~ off-thiS-ordinance 'for r.eview and .action. Annually,'or upon reques.t of th.e Village Manager,. the' Bull. ding Insp'ecto~r shall inspect any or .all such enclOS'Ures for safety and compliance with this 'ordi'nance. The Building Inspector at his 'discreti. on may ca'll~ upon th.e-~S.Ociet¥, for the P. rev~nti.on of Crue.~l.ty to'. Animals, or its~count'er- part, for its. advice as to' th'.e 'facilities which are' made availrabl, e. 'The Building Inspect'o.r is hereby authorize'd to inspect-all such enclosures .at '.all reasonabl, e times, as a condition 'of the re.ten.ti, on of any'license Or permit issu'ed for the' keeping-of-such animals' Any enclosure for a wild animal-~shall be '.clean and · free .of o~dors 'at :.all' re~sona:bi.e times', and the Viillage Sanit'a.rian shall have tke resp'onsibi'lity' for the' approval of :all :plans ~and procedures as 'to sanitary 'facilities and procedures 'and for the enfo.rcement '.of sanitary con- diti~ons,".b, otk for th.e 'prote.c.tion of tke animals' and the Publ~ic., inclUding the' owner or keep.er. 7.54 ~:'Pe'rmitS. No' wild an'imal shall be kept,, harbolred, or maintained in the. Village..'.of New. Hope '.in. viola'ti.on of th.e i.terms ~th.is-ordinance '"Th.e' .owner. or keep'er' of any~ild"an'imal who. proposes.'.'tkat-such'Wiild'anima'l be"ikePt,-~ karbor~d,.'or maintained in. the Village skall''app1y· for a permit,. e'ffeC.ti~e.'until .D'ec'emb~'rl 3ist of the calendar year in which'applied, for'said wild animal kept '.or. harb'olred in th.e'iYi'llage;. Wild an'imals":re.gulate.d bF..this'ordinance, whli'ch are Presen'.tly kep. t Nitki'n. the'i 'Yillage, shall be' subj'.ect. ~to'. immediate~--appl'ica'ti'.on for a p~rmit .as pro~ vided in~' 7.~52, abolve,' and to'.'r~gulati'.on her'eUnder... ~ 'The' Building Inspecto'r,' sanitarian and Director of Police" sh'all~ make. l.tkei'r'recommendati'.ons as .'to each'.P'ermit '.or - 2~ annual' 'renewal ~the.reof to the. Village Ma'nager,~ who' · shall either' deter'mine, that ~the 'permit shb:uld issue, . or should not issue, Upon.-denial,..the Pet'i'tioner may appeal tO'. tke Village CoUncil for a review of the decision of~ the Manage'~.-"~"The application' for the permit ':.fee'. 'shall. be.' $2. S. 00. ~.for each 'year ~or ~porti'.on . thereof covered bY .the. permit,:_ .and shall not be'refunded, if the appli'cation is "rejected. 7..',S 5 ~ 'P'Ub'l~i'C :Nuisance. Any wild animal not restrained in an approved eh- cio'sure as provided kerein is :declared to..be, a public nuisance,' .and tke Village may p-roceed to: 'abate' Said nuisance, by :.all lawful.' remerti.es',' .including impoundment · of the animal.,' .and bY. destruction, wilthOht' Compensati-.on to the 'owner'.. In. th~ event 'such 'wi'ld animal 'is 'a pro~'e'.cte'd species',' appli'cab, l'.e State. 'and Federal laws ska.ll apply to: the' abatement '.of the'nuisance'.' 7'. 56 ' certain'. XnimalS': 'Ex'e~mpt. The' :provisions of this ~ordinance 'shall not .apply'. to. owners or possessors, of wild animals where such animals 'are exhi'bite:d in the Village ~for the education and ent~¢.rtainmen.t .of the public by. an insti:tuti.on authorized, by Federal law or Minnesota'..St'ate: Statute for that purpose. 7 .'S 7 Ex%'St'ing O'rdi'~anCeS'. :Ail ordinances now in force, and effect .in the Village pertaining to. the' owni.ng or keeping of animals shall apply to'. wi. id animals 'as hereinabO.ve idefined except insofar as this -ordinance may be inconsistent ther'eWilth .',, S'ect"i'o'n' '2. 'Pe'~alty.. Any person violating any provision of thi~ ordinan'ce shall' be guilty, of a mi'sdeme~nor and shall be punished by. a fine not ;to exceed' $300. or by imprisonment 'not '.to exceed 90 days-or b. oth. ' iSe'¢.ti:.o'n' 3. ' Se'verab:i~l'i'ty.. The. contents', of this 'ordinance are declaredl.to, be ~s'everabl.'e' 'and should any section, clause', paragraph or 'provision~hereo. f be. declared by any Court .to be invalid, the' 'same shall not '.af£eCt .the validity of the ordinance as-a whole 'or .any part tkereof, otke'~~ than the part so declared to be invalid. 3 S'e'C.t'i'.o~ '4.. Tkis 'ordinance shall be'. 'in full.. :fOrce and ef.fect !frOm and' 'afte'r .its'. pass.age and publ'ication. · Passed by the Vil'lage .Council of tke. Village 'of New Hope this· ~ ~$c~ day of ~'~Q_.~ ~'r'.~ ~'~' ~ 1~971. Att.es.t,:.~' .. .' (Published in the New HoPe-:'PlYmoutk Post P-~l~,,~ ~3 , 1971) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3] Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4] Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 perceef of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary Of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed..~. ~....~.....~...~...<~..~?...?.....~... ~..'?/~..~ .~. ........................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and pub/~ished therein in the English lagguage, once each week, for./..., successive weeks; that it was flrst so published on ~~.// the .~..~. ..... day of~~. 197.... and was thereafter printed and published on every ..................... with this to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the ~' ~ lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in ~the the cum position and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz---51/2 pt. Sans ~;~sluch ............................ .................... Subscribed and sworB to bofore the o~er or keeper. 7.54 P~it~ me this ................ day of,_/T_. A.D., 19. . Vill~8 of'~w ~ i~ viofafl~n O~ ........................................... who ~ro~$~o th~ Such ~ld ~i~l be kept, har~r~i or maintain~ in the Village Shall a~ly ~ a ~mit, eff~tive until December 31st of 1he Notary Public, .............................. County, ~inn~ota cal~r veer in which ap~li~ for ~id wild ~imal kept or hat,red in ~y Commission Expires ..... 19 .... ~e*Village. Wild animals r~ulat~ ........................... by this ordinance, which are pr~ntly k~t within the Village, shall ~ subiect to immediate ap- 7.52, above, and.to regulation hereund~. The Building InSpector, Sanitarian and 'D~r~r of Police sh~lt make t~1r ~omm~dafions the OPJ)INANCE NO. ";/-/F /3 AN O?Di~;~-~CE M,~,~ING SECTION 10.13~ SUBDIVISION (1) OF THE. VILLAGE CODE P~LATING TO FEE.~,S FOP. BF~ LICENSES The Village Council of the Village of Ne~.r Hope ordains: Se.c..ti0n l- Section lO.13, Subdivision (1) of the Village Code is amended to read.: "lO.13 Lic.ense Fees Subd. mOunt On Sale: The annual fee for an "On Sale" License shall be $&00.O0. Off Sale: The annual fee for an "Off Sale" License shall be $25.00. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of Ne~-~ Hope this 22nd day of November, 1971, // E¢l~m~/¢~. ~EricksOn, ...... Attest: Villa~ Clerk-Treasurer (Published in the New Hope-Plymouth Post 1971. ) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn~ on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has af least 500 copies regularly delivered to paying subscribers, has an average Of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed....~...~~..~'-..-~-...'...' .).'4"....?/..~../...~'.' ...................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for./..., successive weeks; that it was first so published on ~..~.~ fo and induding the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A fo Z, troth inclusive, and the composition and publication of said notice, to wit: abcdefghi[klmnopqrstuvwxyz--SV2 pt. Sans Subscribed and sworn to before me t ' . ................ day of.~'~....~.? ...... A.D,, 19./../.. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ......