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1973 ORD ORDINANCE NO.; 75 - / AN ORDINANCE AMENDING SECTIONS 8:.20 ~THROUGH 8..24. OF THE VILLAGE CODE'RELATING TO REGULATING THE DISPENSING OF OIL, GASOLINE, DIESEL FUEL AND LIQUIFIED PETROLEUM GAS IN THE VILLAGE OF NEW HOPE, MINNESOTA BE IT RESOLVED by the Village Council of the Village of NeTM Hope, Minnesota.: ' Section i. Sections '8..20 .th.roFgh 8:.24.~of the Village Code are hereby'amended to. read'as.follows: '8..201: O'I'L~]'GAS'OL'INE~''D'IES'EL FUEL AND LIQUIFIED PETROLE'UM GAS 8..21 'License' Re:quired. No person shall: (i) Engage in the business of operati.ng~ main- raining, conducting'or keeping any gasoline, or oil, diesel fuel' or liqui~ied petroleum'gas filli.ng stati.ons,'or both., or any wHoles:al~ oil or gasoline, diesel fuel or liquified petroleum ga5 'storage iplant-in the Village; or (2)~ Keep, maintain or operate a gasoline, diesel fuel or liquified petroleum' gas 'pump 'or other gasoline, diesel fuel or liqhified pe.t~. roleum gas dispensing device in the Village; with.ou't..first .obtaihing'a license therefor'in accordance with. Sections' 8.00. ~throngh 8..08,. 8.~22 Inspection. Before the license' is. granted, and any other ti'me during the term of the license, inspection of the premises may be made' to. determine that'.the premises and the equipment . for dispensing th.e'products to. be sold are adequate'and safe for the condhct of the business. 8.:23 Fe'es. The annual license fee for such licenses shall be as fol 1 ows: - page ,...2i... ~ Subd. (i) Ga'so'line Stati.on, $2. S for each licensel for gasoline and/or oil station. Subd. (2.)'. Fue'll ·Pumps· at G'aso'line St'at'ion. .$5 additional for each gasoline, diese'l, liquified petr.oleum, gas-or other fuel pump 'in excess of one at each "s tation. ' Subd. (3)' Gasoline', Diese'l' 'Fuel: :o'r Liquified Pet- r'o/ieum 'Gas :pump's' Not Dispensed t'o. Pu~-l)ic, $5 ~f'or the first' .gasoline, diesel fuel or liquified petr.oleum gas pump or dispensing device, when 'operated, maintained or kept .for the dispensi'ng of said products. used in the 'operation of a single bhsines's 'or enterprise and not offered for 'sale to the public.''A pump shall be defined as a device or machine 'that transfers gasoline thro.ugh one distributiona'l-service-outlet..' If th.e pump has more 'th. an one distributiona'l-service-outlet, each such outl:et shall be considered an additional'pump. Subd. (4). ' Ga'sO:l'ine~ '0il ~' Diesel Fuel 'or 'Li'qUified Petroleum Gas Stolrage' Plant. $25'. per year for each license for a wholesale or gasoline stor.age plant.'' 8,.24 i S'afelty "Precauti:ons. No licensee or other person in charge of 'or operating any such gasoline, oil,' diesel fuel or liquified 'petr.oleum gas filling st'ation in th.e Vill.age'shall fill or allow'ito, be filled with said products the tank or tanks of any motor vehicle or any kind what-. I ever while the engine 'or motor of such motor vehicle is running or in'motion and-no' owner or other 'person driving'or in cha.rge o~ any such motor vehicle shall fill' or allow Or cause' the tank of the same to'. be. fi. lled'with.'gasoline, diesel 'fuel oF liquified petr.oleum gasp while the engine or moro.r-of such vehicle is running. Section: 2.. This amendment .shall be effective upon its passage and publication. ' Passed by th.e Village Council the ~' day of' "~'~7 , 1.973. ~.' ~dward~,~.~a, E-rickso'n, MaYOr . uliot, Cler k-Treas'urer (Published in the' New Hop.e-iP.lymouth Post the , 1973'.) ORDINANCE NO. 73-1~ AN ORDtNANCE A~END SECTIONS 8.20 TH ROUGH' ~'~-4" OF THE VILLAGE CODE ~RELA~ TO REGULATING THE ~ DISP;NSiNG OF OIL, GASOUNE, DIESEL FUEL AND LIQUIFIED N THE s~ T R~S T~ ~W HOPE-PLYMOUTH POST ~CoU'ncil of ~innesota: the here~y~ AFFIDAVIT OF PUBLIOATION FUEL~, PETROLE~ ~o -~; ~ ' _. ~ STATE OF MINNESOTA ~erat~ain~ai~i~, ~U~i~'~ COUNTY OF ~NNEPIN o~ kee~ any 9~eline, or d~sel tu~r Hq~fl~ petroleum gas~ (~) ~e~, r~ta~~or operate a~ ~. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stat~ has been the President of gasoline~ foet or ~ l i~uifie~ The Post Publishing Co, publisher and printer of the newspaper known as petro~m aa~a~mp or omer~ ~E~EW~O~-~LYMOUTH~OST petro~ ~iS~sing device in~ and hasfull knowl~geof thefacts herein stated asfollows: the ~ ~th0ut first obtaining ~ (1) Said newspaper is print~ in the ~nglish language ~n newspaper format and in column and sheet form equivalent lice~e~0r~in accordance with~ in print~ space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each ~8. ' ~1 ~ ~ . :r,~ which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, ~e license is granted, an~ ~ an~ plate matter and advertisements. (4) Said newspaper is circulat~ in and near the municipality which it pur~rts the term to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its t~L~ense 'inspection of th~ total circulation currently paid or no more than three months in arrears and has entry as second-class ma~er in its made to determln~ local post-office. (5) Said he. paper purports to serve the nd the equipment~ ~ pr~ucts to b~ VIL~GE OF NEW HOPE AND PL~OU~ a~d s~ie for th~ i~ the Coonty of Hennepi~ ~nd it h~s its k~own office o~ i~oe in the City of Crystsl i~ s~id ~oo~ty, established ~nd open .iness. [~ during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and fee for such~ maintain~ 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 printS. (6) Said ne~paper files a copy of each follows: ~ issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions Station. for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with ~h ~i~se for the Secretary of State of Minnesota prior to January 1, 19~ and each January I thereafter an affidavit in the form :~r oil s~tion, prescribed by the Secretary of State and sign~ by the managing officer ~ said newspaper and sworn to be~re a (2) Fuel Pumps at notary public stating that the newspaper is a legal newspaper. ~: $5 additional for eec ot~&r fuel pump in excess of one ~ He further states on oath that the print~ Su~. (3)Gasoline, Diesel Fuel ~ ~Liqulfied PetrOleum Gas Pure ...................................................................................................................... '~'L ~ No[.Oispensed to Public. ~ $5.~or 1he first gasoline, diese or liquified petroleum gas pump hereto attach~ as a part hereof was cut from the columns of said newspaper, and was printed and published therein in ~?_'ma~talne,~ or kept for / ~ ,'~ ~i~e~ing ~ said products u~ed the English language, once each week, for successive w~eks; that it was first so published on ...... ~'~ f~he p6b~.'A pump shall e y ~ ...19.~.andwasth reafter print~ and published on every ............... defin~ as a device transfers gasoline through  distributional*serviCe*outlet. If ' ' g .......... ay ........................ 19 ...... and that the following is a print~ copy of the ~ '~ pump has more tha~ distributionai-ser~ ~e-outlet lower case alphabet from A to Z, both inclusive, and is hereby acknowl~ged as being the size and kind of type used in ? such outlet shall ~ considered  ~ additional pump.' ~/Subd. (4 Gasoline, oii, Diesel Fu :f or'Liquified Pet~o~um Gas Store the composition and publication of said notice, to wit: ~[~ $25 per year fei each license for abcdefghiiklmnopqrstuv~yz~SV~ pt. Sans ~; * wholesale or gasoline ~ ~ ~.24 Safety Precautions. NO licensee or other person charge of or operating any gasoline, oil, diesel petroleum gas filling station in t Village shall fill or allow to be fill~ with said products the tank tanks of any motor vehicle or k nd whatever wh e the engine ................................................................. motor of such motor ~&h'~cle r unn~g ~,~iPs~t~e and,no owner er o~her ~&'~i~ng or:in charge Of Subscrib~ and sworm to before ~ ~yo~ engine or molor of such vehicle is running. effective u~n its passage and (NOTARIAL SEAL) publication. 8th day of January, 1973. [ Notary Public ...... /.~~ounty, ~innesofa Edward J. Erickson, ~ayor~ Attest BeIW ~oulioh C~rk-Trea~u (Published in the New Hope-Ply:'~ .~mquth ,p~t ~he lath day of Januar~ ' ~973). ORDINANCE NO. 73-2 AN ORDINANCE AMENDING SECTION 8.23 OF THE VILLAGE CODE RELATING TO LICENSE FEES FOR DISPENSING OF OIL, GASOLINE, DIESEL FUEL AND LIQUIFIED PETROLEUM GAS IN THE VILLAGE OF NEW HOPE, MINNESOTA. Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 8.23 of the Village Code is hereby amended to read as follows: "8.23 Fees. The annual license fee for such licenses shall be as follows: Subd. (1) Gasoline Station. $25 for each license for gasoline and/or oil station. Subd. (2) Fuel Pumps at Gasoline Station. $5 additional for each gasoline, diesel, liquified petroleum gas or other fuel pump in excess of one at each station. Subd. (3) Gasoline, Diesel Fuel or Liquified Petroleum Gas Pumps Not Dispensed to Public. $10 for the first gasoline, diesel fuel or liquified petroleum gas pump or dispensing device, andS1 additional for each gasoline, diesel fuel or liquified petroleum gas pump or dispensing device in excess of one at each station or location when operated, maintained or kept for the dispensing of said products used in the operation of a single busines or enterprise and not offered for sale to the public. A pump shall be defined as a device or machine that transfers gasoline through one distributional-service-outlet. If the pump has more than one distributional-service-outlet, each such outlet shall be considered an additional pump. Subd. (4) Gasoline, Oil, Diesel Fuel or Li(]uified Petroleum Gas Storage Plant. $25 per year for each license for a wholesale or gasoline storage plant." Section 2. This amendment shall be effective upon its passage and publication. Passed by the Village Council the 12th day of February .. , 1973. // ' -Edw~a~x~ $. Erickson, Mayor Attest: ~~ B~l'iot, Clerk-Treasurer (Published in the New Hope-Plymouth 22nd clay o~c ]~ah~rv , 1973.) 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 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 fo 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. ~e further states on oath that the printed .... .~. ~./.~~.? .~..~...~......~ .~.~'. ~. ?:~. ~? ............................. '~/ ,// ,? ................... ~/... the..~. :'~. ..... day of ~..~.~.~..~. ~/~ ..... 19../~ .~/..and was thereafter printed and publ,shed 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 sworn t~ before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires ............................. 19 ...... ORDINANCE NO. 73 - 5 AN ORDINANCE AMENDING SECTIONS 7.02, 7.08 AND 7.14 OF THE VILLAGE CODE RELATING TO CONTROL OF DOGS AND OTHER ANIMALS The Village Council of the Village of New Hope, Minnesota, ordains: Section 1. Section 7.02 of the Village Code is hereby amended to read as follows: "7.02 LICENSE AND REGISTRATION Ail dogs kept, harbored or maintained by their owners in the Village shall be licensed and registered if over six months of age. Dog licenses shall be issued by the Clerk- Treasurer upon payment of a license fee of $3.50 for each male or spayed female, and $5.00 for each unspayed female and upon receipt by the Clerk-Treasurer of a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with Section 7.08. Such license shall be for the whole or unexpired portion of the year in which the same is issued and shall expire on May 31st of the year following. The Clerk-Treasurer shall cause a notice of the necessity of obtaining dog licenses and registration to be published in the official Village newspaper one time in May prior to May 15 of each year. Dog licenses shall be issued free of charge as to dogs properly trained to assist blind persons and actually used for the blind per- sons for the purpose of aiding them in going from place to place. The license provided for herein shall be ob- tained not later than February 1st of the license year. The sale or transfer of any licensed dog shall carry with it and transfer to the new Owner the license. Licenses issued in 1972 for the calendar year 1973 shall be effective until May 31, 1974." Section 2. Section 7.08 of the Village Code is hereby amended to read as follows: "7~08 RABIES VACCINATION. No license shall be granted for a dog which has not been vaccinated ~or rabies with a modified live virus type of vaccine within 18 months prior to June 1st of the license year for which application is made, or with a killed virus vaccine within 3. months prior to June 1st of the license year for which application is made. A Certificate of Vaccination or other statement to the same effect executed by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated shall be prima facie proof of the required vaccination." Section 3. Section 7o14, Subdivision (Section) 2, is hereby amended to read as follows: Section 2. Penalty.. Any person violating any of the provisions of this ordinance shall be guilty of a petty misdemeanor and shall be punished by a fine not to exceed $100. Section 4. This ordinance shall be in full force and effect after its passage and publication° Passed by the Village Council of the Village of New Hope this 12th day of February, 1973. Edwai~d J, V~rickson~ ~or Attest: ~~- . ~-~f~y~6ulio t, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd day of February , 1973.) 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 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 ifs 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 lan~guage, onceeach week, for./....successiveweeks; that itwasfirstsopublishedon ...~.:...~....~~~ 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 com position and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans SubscribeC and sworn/to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ........ : ...:i: : 'i'~ ORDINANCE NO. 73-4 AN ORDINANCE AMENDING SECTIONS 9.100 THROUGH 9.121 OF THE VILLAGE CODE RELATING TO WASTE STORAGE, COLLECTION AND DISPOSAL; DEFINING TERMS USED THEREIN; ESTABLISHING SANITATION REQUIREMENTS; PROHIBITING UNWHOLESOME AND UNHEALTHY LITTER AND OTHER NUISANCES; REGULATING THE KEEPING OF ANIMALS;. AMENDING SECTIONS 8. 140 THROUGH 8.145 OF THE VILLAGE CODE AND ADDING SECTIONS 8.146 AND 8. 147 THERETO RELATING TO LICENSING AND OTHERWISE REGULATING REFUSE AND GARBAGE HAULERS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Purpose. In an effort to provide the Village of New Hope with efficient, high quality, economical and safe service and to enhance the en- vironmental quality of the Village, the following amendments have been made to the Village Code. Section 2. Sections 9.100 through 9.120 of the Village Code are hereby amended to read as follows: "9.100 WASTE COLLECTION AND DISPOSAL 9.101 Definitions. The following words and phrases when used in this ordinance shall have the meanings as set out herein: Subd. (1) Collector. "Collector" shall mean a person licensed by the Village of New Hope to collect, transport and dispose of garbage and refuse. The term shall include the collector's duly authorized and acting employees and agents. Subd. (2) Dwellin~ Unit. "Dwelling Unit" shall mean a separate dwelling place with a kitchen. Subd. (3) Garbage. "Garbage" shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subd. (4) Garbage and Refuse Collection. "Garbage and Refuse Collection" shall mean the taking up and collecting of all garbage and refuse accumulated at all dwelling residences and places of business and other insti- tutfons in the Village and the transportation of such garbage and refuse to a sanitary landfill or other place of disposal approved by the Village and provided by the collector at the sole expense of the collector. Subd. (5) Litter. "Litter" shall mean "garbage", "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a nuisance or danger to public health, safety and welfare. Subd. (6) Person. "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind and shall include the owner, occupant, or person in charge of any premises in the Village. Subd. (7) Public Receptacle. "Public Receptacle" shall mean a container for the deposit of waste and litter furnished, placed and maintained for use by the public and exempt from the provisions contained in 9.102, 9.103 and 8.140 through 8.147. Subd. (8) Refuse. a. "Refuse" shall mean all putrescible and nonputrescible solid wastes (except human body wastes) including but not limited to rubbish, Christmas trees, and ashes which normally result from the operation of a house- hold, and also including anything when placed in -2- waste containers, one average man can lift easily. Sod, dirt, rocks, cement, other trees and construction material are not considered collectable refuse under the terms of this ordinance if their weight, when placed in waste containers, is heavier than one average man can lift easily. b. Yard refuse is vegetation such as grass clippings, leaves, weeds and similar yard maintenance accumulations. , .~, , Subd. (9) Rubbish. "Rubbish" is nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, beddi.ng, crockery and similar materials. Subd. (10) Waste. "Waste" shall mean "Garbage" "Refuse" or "Rubbish" ~.~ as those terms are defined hereinabove. Subd. (11) Waste Containers, General. "Waste Containers, General" shall mean a container of galvanized iron, plastic or non corrodible material with a close-fitting cover, rodent and fly-proof non-absorbent, and leak-proof, of the type commonly sold as a garbage can, of suitable gauge and construction to insure durability and with suitable handles on can and lid and of a capacity not less than ten (10) gallons nor more than thirty (30) gallons. Sealed, impervious bags or any type of disposable container not to exceed thirty (30) gallons shall be used as containers for the collection of yard refuse. Light hedge clippings and tree branches not more than four (4) feet in length may be tied in bundles not more than twenty-four (24) inches in diameter and not more than fifty (50) pounds in weight. Subd. (12) Waste Containers, Optional. "Waste Containers, Optional" for other than single family use shall meet the sanitation standards described in the preceding paragraph, and the construction standards of paragraph 9. 102, Subdivision (2) d below. -3- 9. 102 Waste Storage. Subd. (1) Accumulation of Waste Prohibited. a. Waste shall be removed from the premises at least once every seven days and every person shall keep his premises at all times free and clean from same. b. No person shall permit any garbage or refuse to accumulate within the Village unless the same is ~ suitably enclosed in waste containers as defined~, ~ hereinabove. ~ ~ ,~'~ Subd. (2) Waste Containers Reciuired - Placement and Maintenance. a. Number. A sufficient number of waste containers for accumulation of waste between normal pickup shall be provided. b. Maintenance. All waste containers shall at all times be maintained and kept neat and clean and in good order by the owner, occupant or person in charge of any premises in the Village. Such containers shall be disinfected with a disinfectant solution as often as necessary to maintain them in a sanitary condition. c. Inspection. All waste containers shall be subject to inspection and approval by the Village Sanitarian. Filthy, leaking or defective containers shall be cleaned, repaired or replaced by and at the expense of the owner, lessee or person in charge of the premises in question at the direction of the Village Sanitarian. d. Institutional, Commercial and Industrial Waste Containers. Institutional, commercial and industrial waste containers not mounted on wheels shall be stored on durable racks, placed on an easily cleanable sur- face, and screened from view. The racks shall raise the waste containers at least twelve (12) inches off the storage surface. Containers mounted on wheels Shall be specifically designed for use with collection vehicles. The wheels of the container must elevate the base of the container at least a distance of six (6) inches off the storage surface. Containers with wheels must be placed on a concrete or other non-penetrating surface. -4- Subd. (3) Deposit of Garbase in Waste Containers. It shall be the duty of the owner, occupant or person in charge of any premises to cause all garbage produced on the premises to be securely wrapped or bagged in paper or packed in a covered box or carton of such dimensions as will permit its free passage into and out of the waste container, and finally deposited, after such wrapping or bagging, in such waste container as soon as practicable after the same is produced on the premises. Ail liquid waste sba]] be confined in a leak-proof container. Subd. (4) Location of Waste Containers. It shall be the duty of every owner, occupant or person in charge of any premises to place the waste con- tainers on the ground or above ground level at an ac- cessible outdoor or indoor location that may be conveniently and economically serviced; however, no waste container shall extend more than three (3) feet in front of the dwelling unit and shall not be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Containers placed outdoors shall be placed in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Subd. (5) Screening. Waste containers shall be screened from view in accordance with the Village Code and regulations promulgated by the Village Manager. Such screening shall be considered a fence for the purpose of Section 4.12 of the Village Code. Subd. (6) Disposable Containers. Disposable containers, as defined hereinabove, con- raining only yard refuse, as defined hereinabove may be placed on the curbside, but may not be placed on the curbside any earlier than sunset preceding the day of pick-up. Dis- posable containers which contain garbage or refuse other than yard refuse, as defined hereinabove, are prohibited from being placed on the curbside at any time. 9.103 Collection and Disposal of Waste. Subd. (1) Collection and Disposal Once Per Week. In residential areas, all garbage and refuse shall be called for at least once every seven days, and d~sposed of at ]east every seven days by a collector duly licensed by the Village of New Hope. The collector shall not call for waste at the residence of any person as defined herein before the hours of 6 A.M. or after 6 P.M. Subd. (2) Special Collection. Ail bulky wastes, construction and demolition wastes and special wastes not resulting from the performance of work within the Village by a building demolition or other con- struction contractor shall require a special collection not less than one week from the time such waste J s. produced on the premises in question. Building demolition and other construction contractors shall remove bulky wastes, construction and demolition wastes, and special wastes resulting from the per- formance of work within the Village as frequently as necessary to maintain sanitary conditions, but at least once per week, employing either their own equipment and employees or a collector which either is duly licensed by the Village of New Hope, or confoms to the standards set forth herein. Subd. (3) Garbage Disposals. Garbage may be disposed of by grinding and finely shredding it and disposing of it through pipes leading to public sanitary sewer, providing that all garbage so disposed of in such pipes shall be ground or shredded to such a degree that all particles are carried freely under the flow conditions normally prevailing in the sewers into which the same is deposited. 9.104 Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles or in waste containers as defined hereinabove, nor shall -6- any person bury any litter or waste within the Village limits, except as permitted in Section 9.114. 9.105 Placement of Litter in Receptacles to Prevent Scattering. Persons placing litter in public receptacles or in waste containers shall do so in such a manner as to prevent it from being carried or de- posited by the elements upon any street, sidewalk or other public place or upon private property. 9.106 Sweeping Litter Into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying or in charge of property shall keep the sidewalk in front of their premises free of litter. 9.107 Merchants' Duty to Keep Sidewalk Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Village shall keep the sidewalk and private parking area in front of or servicing their business premises free of litter. 9.108 Litter in Parks. No person shall throw or deposit litter in any park within the Village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. 9.109 Litter in Lakes and Streams. No person shall throw, deposit or permit the scattering of litter in any pond, lake, stream, or any other body of water in a park or elsewhere within the Village. -7- 9.110 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain waste containers for collection as provided herein and in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. 9.111 Owner to Maintain PremiSes Free of Litter. The owner, occupant or person in charge of any private property shall at all times maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in waste containers for collection. 9.112 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the Village whether owned by such person or not. 9.113 Unwholesome Premises and Material. No person shall permit, deposit or maintain on any real property under his control, whether owned by such person or not, any outhouse, privy, vault, sick or unsound flesh, meat, fish, skin, carcass or any other unwholesome or offensive substance, liquid or thing what- soever, which is nauseous, dangerous, unhealthy or uncomfortable to or for the neighborhood. 9.114 Unhealthy or Offensive Substances. No person shall permit, deposit, or maintain on any real property under his control, whether owned by such person or not, any dead animals, or animal, vegetable, excrement or other substance which is foul, nauseous, or unhealthy, or which by decomposition shall become offensive, unless the same be buried at least three (3) feet under the surface of the ground, except as provided for in Section 9. 118. -8- 9.115 Maintainin~ Animals or Birds. No person keeping or maintaining dogs, cats, horses, Cattle, swine, sheep, goats, mink, foxes, muskrats, racoons, poultry, pigeons, hamsters, rabbits, or other animals on any real property under his control, whether owned by such person or not, shall permit or maintain the accumulation of manure, litter or other foul, nauseous, or unhealthy substances. 9. 116 Horses on Public Streets. No person shall ride, herd or drive horses on the public streets of the Village, if said street has a permanent wearing course in place, such as bituminous asphaltic surfacing, except by permit issued by the Village Manager. 9.117 Minimum Area for Maintainin~ Animals or Birds. No person shall keep or maintain any horse, cow, goat, mink, fox, chicken, turkey (or any other fowl) , except in conformity with the minimum lot or parcel area limitation specified below: (a) For the first of any such animal, or the first six of such fowl or bird, a minimum lot area of not less than 54,450 square feet. (b) For each additional such animal or bird, or fowl, not less than 10,890 square feet. 9. 118 Defense to Prosecution. It shall be a sufficient defense to prosecution under this ordi- nance that the accumulation of manure, yard clippings, leaves or putrescible solid wastes, except garbage, permitted or maintained was done as a well-defined, suitably screened, compost, and in such a manner as not to attract flies or vermin, nor result in foul or nauseous odors offensive to adjacent residents or any considerable number of members of the public. 9. 119 Clearing of Litter and Unhealthy Offensive .Substances from Private Property by Village. Subd. (1) Notice to Remove. The Village Sanitarian is hereby authorized and empowered to notify the owner of any private property within the Village or the agent of such owner to properly -9- dispose of litter and unhealthy or offensive substances located on such owner's property which is either a nuisance or dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to said owner at his last known address. For purpose of giving mailed notice, owners shall be those shown to be such on the records of the County Finance Director, but other appropriate records may be used for this purpose. Subd. (2) Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter or unhealthy or offensive substances dangerous to the public health, safety or welfare within five (5) days after receipt of written notice provided for in Subd. (1) above, or within eight (8) days after the date of such notice in the event the same is returned to the Post Office DePartment because of its in- ability to make delivery thereof, provided the same was properly addressed to the last known address of said owner, or agent, the Village Sanitarian is hereby authorized and empowered to pay for the disposing of such litter or un- healthy or offensive substances or to order its disposal by the Village. Subd. (3) Charges Included in Tax Bill. When the Village has effected the removal of such dangerous litter or unhealthy or offensive substances, or has paid for its removal, the actual cost thereof plus current interest at the rate of eight percent (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. Subd. (4) Assessment. The cost of removal shall be a lien against the real property. On or before September 1 of each year the Clerk-Treasurer Shall list the total unpaid charges for such service against each separate lot or parcel for which they are attributable under this ordinance. The Council may then -10- spread the charges against property served as a special assessment and certify such charges to the County Auditor for collection for the following year along with current taxes in the manner provided by Minnesota Statutes lg61, Sections 429.061 and 429.081, but the assessment shall be payable in a single installment." Section 3. Sections 9.120 and 9.121 are hereby repealed and deleted from the Village Code. Section 4. Sections 8.140 through 8.144 of the Village Code are hereby amended to read as follows: "8.140 G AR B A G E AN D R E F U S E C O L L E C T O R S 8. 141 License Required. No person, except as provided herein shall remove waste as hereinabove defined from any premises in the Village, or transport such waste upon the streets and public highways within the Village, or in any other manner dispose of waste originating in the Village, or contract for a permit himself or itself to be employed or engaged in any such removal, transportation or disposal without first having obtained a license there- for from the Village. 8.142 Licensin~ Regulations, Terms and Conditions. Subd. (1) Application and Issuance. Application for and issuances of licenses hereunder shall be governed by the provisions of Sections 8.00 through 8.08 of the Village Code, except as to expiration or renewal dates. Subd. (2) Fee. The annual license fee shall be $25.00 for each collector's first vehicle and $10 for each additional vehicle. Subd. (3) Expiration. Each license hereunder shall expire on the 30th day of June following its issuance. Subd. (4) Qualifications. Every applicant for a license hereunder shall furnish the Village with evidence that he has sufficient equipment and personnel to render service to existing and prospective customers and in accordance with the requirements of this ordinance; and further, that he has the capability to assure completion of his routes on schedule should any occasion arise prohibiting the collector from doing so himself. Subd. (5) Equipment. a. All licensed vehicles shall be equipped with a back-up warning device which complies with Minnesota Statutes and Minnesota Highway Regula- tiOns applicable thereto. b. All licensed vehicles transporting waste shall be otherwise equipped as provided in Section 8.144 hereof. Subd. (6) Sanitation and Appearance. All licensed vehicles and equipment shall be kept clean and in good repair and appearance and shall be maintained in a sanitary condition so as to prevent insect breeding therein or other nuisance characteristics~ Subd. ,(7) Inspection. No license shall be issued or renewed until the vehicle to be licensed has passed inspection bY the Village Sanitarian. Subd. (8) Liability Insurance. Every licensee shall carry bodily injury liability in- surance in an amount not less than $250,000 per person and not less than $500,000 per occurrence and not less than $100,000 of property damage insurance on all licensed vehicles in addition to a $1,000,000 umbrella coverage. Every licensee shall also carry Workmen's Compensation insurance for his employees. The licensee s.hall provide the Village with evidence that said insurance is in full force and effect and shall provide the Village with thirty (30) days' notice of cancellation of said insurance. -12- Subd. (9) Cancellation or Revocation. The parties hereunder may, if mutually agreeable, cancel such license. However, the Village may revoke the license of any collector as provided for in Section 8.06 of the Village Code. Subd. (10) Display of License. The Village shall furnish evidence of the license to the collector and such evidence shall be displayed in or upon each licensed vehicle in accordance with regulations promulgated by the Village Manager. Subd. (11) Identification. The collector shall display his name and telephone number in a conspicuous place on both sides of each licensed vehicle in letters and numerals no less than four (4) inches in height. Subd. (12) Denial of License. The Village reserves the right to deny any applicant a license or a renewal thereof if any reasonable doubt exists as to the applicant's compliance with the provisions of this or any other Village ordinance. 8. 143 Collection Practices. Subd. (1) Rates. Each collector shall furnish the Village Clerk-Treasurer with a current written schedule of rates charged for service to residential customers in the Village. The collector shall also immediately notify the Village Clerk-Treasurer in writing of any changes in such rates. The Village Clerk- Treasurer shall cause such rate schedules to be posted in the Village offices. Subd. (2) Routes. Each collector shall establish with the Village an acceptable schedule of regular collection days and areas in -13- the Village and the collector shall comply with such schedule except as provided in Subd. (3) hereof. Subd. (3) Frequency of Service. The collector shall provide residential garbage and refuse collec- tion service once each week Monday through Friday. The collector shall not be required to make regular collections on legal holidays and on days of extreme inclement weather provided, however, that the routes are collected reasonably in advance thereof or thereafter in the opinion of the Village Sanitarian and the week's schedule shall be completed regardless of the holiday or weather. Collection from other than single family residences shall be as often as required for sanitation and nuisance protection as provided in this ordinance. Subd. (4) Vehicles to Carry "Rules of Collection". A copy of the "Rules of Collection" as provided by the Village shall be carried in the cab of each licensed vehicle operat- ing in the Village, which rules shall be followed by each collector. Subd. (5) Service Complaints. a. Each collector shall have a local telephone number listed in a telephone directory of general circu- lation in the Village, and shall provide telephone answering service between the hours of 9 A.M. and 4:30 P .M. Monday through Friday, except on legal holidays. b. A telephone number shall be established in the Village offices which each collector shall call to receive complaints which the Village has re- Ceived from residents. c. Where, due to the collector's fault, a customer is not serviced on the regularly scheduled day, the collection shall be made the day following the scheduled collection day. If the customer was not serviced because the waste containers were not accessible on the scheduled collection day, the collection shall be made as soon as possible by agreement between the collector and customer. -14- Subd. (6) Collector to Replace Damaged Waste Containers. The collector shall replace at his expense, containers which are damaged by his carelessness or the carelessness of his employees or agents. Subd. (7) Collector to Replace Covers and Cans to Their Original Locations. The collector shall after servicing the customer, replace all covers and cans to their original location. Subd. (8) Use of Private Driveway Prohibited. The collector is prohibited from driving his vehicle upon the private driveways of residents unless written approval is first obtained from such resident. 8.144 Transportation of Waste. Subd. (1) Waste to be Covered. No collector shall transport waste upon the public streets and highways or other public property of the Village unless such waste being transported is entirely and securely covered. Subd. (2) "Packer-type" Refuse Body for Transporting Garbage. No collector shall transport garbage upon the public streets and highways or other public property of the Village except in a leak-proof, compaction type body commonly re- ferred to as a "packer-type" refuse body, as approved by the Village Sanitarian. Subd. (3) Clean up of Spilled Waste. The collector shall immediately clean up in a neat and' workmanlike manner any waste that he may have caused to spill upon the streets and highways or other public or private property in the Village. -15- 8.145 Prohibited I)umlnin~. No collector shall dump, place or otherwise dispose of waste in violation of the laws of the United States, this State and its counties, or the laws of any political subdivision thereof." Section 5. Chapter 8 of the Village Code is hereby amended by adding thereto the following: "8.146 Storage of Vehicles in the Village. Collectors may store or keep their waste removal vehicles in the Village when not in use (after such vehicle is free from ail waste) in a tightly-constructed and enclosed structure, provided such structure shail conform to the requirements of the building and zoning ordinances of the Village. 8.147 Annual Meetin~. Each collector shall meet with a representative from the New Hope Environmental Commission, the New Hope Planning Commission, and the Village Staff to review and discuss the terms and conditions of this ordinance as well as new methods concerning the efficient use of natural resources as they relate to solid waste disposal and re- cycling. This meeting shall be set at the direction of the New Hope Village Manager." ' 'section 6 .' 'Penalty.: Any perSon violating any pr.ovisions of thiS ordinance shall be guilty :of a pettY misdemeanor and upon conviction/thereof, shail be' . punished bY a fine not to exceed $100'...' Each' day of continued violation, after citation or COmplaint, shall be deemed a separate .offense and :chargeable and pUnishable accOrdingly. 'Section' 7. ~ 's.everabili.ty.: The' contents of thiS ordinance.are declared to be severable and shoUld anylsection, subdivision, clause, paragraph Or pro- vision of: this ordinance .be declared bY a CoUrt of Competent jurisdiction to be'. invalid,: the' Same Shall not affect: the' ValiditY .of the Ordinance as a whole nor any part thereof other:ithan the' part so declared to be invalid. ' 'SeCtior/ 8.: 'Repeal '0f Inc0nsistent 'or 'ConfliCting 'ordinances.. All former ordinances or parts: Ihereof conflicting or inconsistent with:'.the' Provisions of this ordinance or of: the' Code hereby adopted are hereby, repealed. Section 9. Interl)retation. Words singular in form may include the plural; any words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter genders. Section 10. Effective Dates. This ordinance shall be in full force and effect from and after April 1, 1973, except as to the. screening requirements contained in Section 9.102, Subd. 4 of the Village Code (as contained in Section 2 hereof) and except as to Sections 4 and 5 hereof, which provisions shall be in full force and effect from and after July 1, 1973. Passed by the Village Council of the Village of New Hope this 12th day of March, 1973. " Edw~d ~. Erickson, Mayor B~~ii0t, clerk-Treasurer -17- · ~.unrmea ~ ,~-r,~eaR Subd. ('4) Location of wast on. ' · ~1~ i~'/ml~rm~ it shall be the duty of every owner, prosecution under this ordinanc~ )rln occupant or person in charge of any the accumulation of manure, premises to place the waste containers clippings, leaves or putrescrlble al on the ground or above ground level at W~stes, except garbage, permitt~ an accessible outdoor ar indoor maintained Was done as a location that may be convenientlv and defined, suitably screened, cor~ A[OU AN ORDINANCE AMENDING economically serviced; however, no and in such a manner as not to at ie -~J SECTIONS 9.100 THROUGH 9.121 OF · waste container shall extend ~ore tiles or verm n, nor result in fc~ THE VILLAGE CODE RELATING than three (3)- feet in front of the nauseous odors offensive to adj~ · TO WASTE STORAGE, COLLEC- dwelling unitand shall not be placed or · residents or any considerable nu[~ OTVlUI'~TT'I'T-T TION AND DISPOSAL; DEFINING maintained in such a way as to of members of the public.' TERMS- ~D THEREIN; unreasonab y interfere with the use of 9 119 Clearing of Lifter and Unhe~ ESTA~B~a~e~it~NG SAN ITATION ad oining property. Containers placed r Offens ve Substances fromPri ........ ~-REOU~rEME.TS; PRO",E,T,.O outdoors she,, be p,aced ,n such e' Property by Vi,,nge. r~l= PUBLICATION , U N W 14 O L E S O M E A N D manner as not to permit entry of or Subd. (1) Notice to Remove. ~'-- . UNHEALTHY LITTER AND OTHER harborage for animals, insects or The Village Sanitarian is h~ '~J1, NUISANCES; REGULATING THE other vermin. ' author zed and empowei'ed to n~ ~db; KEEPING OF ANIMALS; AMEND- a Subd. (5} Screening.; the owner of any pr vale prol~ · lNG SECTIONS 8.140 THROUGH Waste containers shall be screened within the Village or the agent of pirie 8.145 OF THE VILLAGE CODE AND from view in accordance with the ' ownertopropertlydisposeof liffed~ ~DOE ADDING SECTIONS 8.146 AND 8.147 Village Code and regular ons. unhea thy or offens ~e substai THERETO RELATING TO promulgated by the Village AAanager. located on such · owner's pro~ ' ecip LICENSING AND OTHERWISE Such screening shall be considered a which · ~s either ;a nuisanc~i fence for the purpose of Sect on 4 12of dangerous to public'health, safel~ )ick: REGULATING REFUSE AND [ ~ ~ GARBAGE HAULERS; PROVIDING the Village Code. welfare. Such notice she I be~ ~ PENALTIES FOR THBVIOLATION Subd. (6) Disposable Containers r~gisteredor'certified mail, addre~ . ,L~ ~ THEREOF. Disposable confa ners, as defined to said oWner at his last known1 Villageof New Hope, Minnesota , hereinebove, containing only yard dress. For purpose of giving m~ [elic The Village Council of the Village of refuse, as defined hereinabove may be not ce, own'~rs ~hal be those sh01eJpnd during all the times herein stated has been the President of S Ca New Hope ordains: placedon the curbside, but may not be ~ be suchlon the records of the Co~spaper known as - Section I. Purpose· In an effort to placed on the curbside any ear er F hence Director,' b0t ·other ~ provide the Village of New Hope with than sunset preceding the day of pick. propr ate records m~y be used f0r~'r-~-£~-~ A~] efficient, high quality, economical and up. Disposable containers which purpose.~ ' : 4 ~ r" ' safe service and to enhance the an- cont.ain.garbage .or. refu. s.e other than Subd.~' (2) Actioh :Upon ~ ~l~in newspaper formatand nco umn and sheet form equ va eat ,elt(~ ~ vironmental quality of the Village, the yara retuse, as uetineo nereinabeve, Compliance "~ ~d newsnaoer s a week y and s d sir buted at east once each t~tC! following amendments have been are prohibited from being placed on .up~n the failUre, neglect or: ref~ columns;devoted to news of local interest to the community made to the Village Code. · the curbside at any tlme~ of any owner 0r agent so nofifie(~te any other publication and is not made up entirely of patents, ~vell Section 2. Sections 9.100 through · 9103 Co lect on and D sposal of Waste ro erl dis s ~f ' : runhea - · - P P Y po · hirer o ~a~er is circulated m and near the mumc~pahty which ~t purports ~-P! 9.120 of the Village Code are hereby Subd. (1) Collection and Disposal Once paying subscribers, has an average of at least 75 percent of its amended to read as follows: Per Week. ~ the months in arrears and has entry as second.class matter i~ its "9.100 WASTE COLLECTION AND In residential areas, all garbage and within five the DISPOSAL refuse shall be called for at least once written notice 9.101 Definitions. every seven days, and disposed of at r HO]:~]~ AND ~LYMOUTE The following words and phrases least every seven days by a collector · when used in this ordinance shall have duly licensed by the Village.of New issue in the City of Crystal in said county, established and open the meanings as set out herein: Hope. The collector shall not call for news, sale of advertisements and sale of subscriptions and Subd. (I) Collector. waste at the residence of any person as persons in its employ and subiect to his direction and control 'Collector" shall mean a person ~defined herein befor~e the hours of 6 is printed. (6) Said newspaper files a copy of each licensed by the Village of New Hope to a.m. or after 6 p.m. Said newspaper has complied with all the foregoing conditions collect, transport and dispose of Subd. (2) Special Collection. "agent, the Vii ~lication mentioned below. (8) Said newspaper has filed with garbage and refuse. The term shall Al bulky wastes, construction and 1966 and each January 1 thereafter an affidavit in the form include the collector's duly authorized demolition wastes and special wastes managing officer of said newspaper and sworn to before a and acting employees and agents, not resulting from the performance of Subd. (2)Dwelling Unit. work within the Village bye building to order its dis '~f -~'~ ,, ~ "Dwelling Unit" shall mean a demolition or other construction Subd. (3) Y separate dwelling place with a kit- contractor shall require a special Bill. . ................. ~. ....................................... chen. collection not less than one week from L Subd; (3) Garbage. ~ the time such waste is produced on the "Garbage" shall mean putrescible premises in question. Building unhealthy or offensive .;~.'.,.~ ~imal and vegetable wastes resulting demolition and other construction ,~ has paid for its removal, t ll~.,?.~.~ .~m the handling, preparation ·contractors shall remove bulky cost thereof plus ~-', ~-,~aking and consumption of food. wastes, construction and demolition 'the rate:of ~ of said newspaper, and was printed and publ~hed therein in ~:ollection. from the performance of work within , "Garbage and Refuse Collection" the Village as frequenfly as necessary thetitwasfirstsopublishedon~ shall mean the taking up and collec* to maintain sanitary conditiohs, but at ting of all garbage and refuse ac- least once per week, employihg either' cumulated at all dwelling residences · theirownequipmentandemployeesor s thereafter prinfed and published on every ..................... and places of business and other in- a collector which either is duly licensed by the Village of New Hope, a within ten (10) stitutions in the Village and the or conforms to the standards set forth ' billing · ....19 .... and that the following is a printed copy of the transportation of such garbage and . .. refuse to a sanitary landfill or other herein. place of disposal approved by the Subd. (3)Garbage Disposals. Su Village and provided by the collector Garbage may be disposed of by - acknowledged as being the size and kind of type used in ~ at the sole expense of the collector, grinding and finely shredding it and Subd. (5) Litter. disposing of it through pipes leading to "Litter" shall mean "garbage," public sanitary sewer, providing that Treasurer "refuse" and "rubbish" as defined f all garbage so disposed of in such herein and al other waste material pipes shall be ground or shredded to which, if thrownor deposited as herein such a degree theft all particles are :yz--SV= pt. Sans prohibited, tends to create a nuisance carried freely 'under the flow con- or danger to public health, safety and ditions normally prevailing in the welfare, sewers into which the same is Subd. (6) Person· deposited. 9.104 Litter in Publi~: Places. ~ "Person" shall mean any person, firm, partnership, association, car. No person shall throw or deposit poration, company or organization ~ litter in or upon any street, sidewalk or provided by any kind and shall include the owner, ~ other public place within the Village 'Sections 429.061 and r429.081 occupant, or person in charge of any except in public receptacles or in assessment.' shall. premises in the Village· waste containers as defined Subd. (7)Public Receptacle. hereinabove, nor shall any person ~ "Public' Receptacle" shall mean a bu~y any litter or waste within the container for the deposit of waste and Village limits, except as permitted in litter furnished, placed and main. Section 9·114. ~ rained for use by the public and 9.105 Placement of Litter in Recap- exempt from the provisions contained tactes to Prevent Scattering. .' A.D., 19 ...... m 9.102, 9.103 and 8.140 through 8.147. Persons placing litter in public f'8.140 . Subd. (8) Refuse. ~ receptacles or in waste containers COLLECTORS a. "Refuse"shall mean all putrescible shall do so in such a manner as to and nonputrescible solid wastes prevent it from being carried Or (except human.body wastes) in- deposited by the elements upon any ~ herein 'shall cluding but not limited to rubbish, street, sidewalk or other public place ' Christmas trees, and ashes which or upon private property. normally result from the operation 9.106 Sweeping Litter and also including Prohibited. when placed in waste Nopersonshallsweepinfoordeposit one average man can in any gutter, street or other public Sod, dirt, rocks, cement, ~ place within the Village the ac- and construction cumulation of litter from any bu Iding are not considered or lot or from'any' public or private refuse under the terms sidewalk or driveway. of this ordinance if their weight, when placed in waste containers, is ~-:'.~heavier* tha~onp averag~ma~ CanJ~ ? b lift easily· · Yard refuse is vegetation such as grass' clippings, leaves weeds and NO person owning ~i"occupying a ~ s miler yard maintenance ac- t place of business shall sweep into or cumulations, deposit in any gutter, streetrOr other ORDINANCE NO. 73- 5 AN ORDINANCE AMENDING SECTION 11.83 OF THE VILLAGE CODE RELATING TO PARKING SIGN REQUIREMENTS Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 11.83 of the Village Code is amended to read: "11.83 Director of Police to Cause Signs to be Posted. Whenever by Section 11.80 of the Village Code any parking time limit is imposed or parking is prohibited on designated streets or highways, it shall be the duty of the Director of Police to cause to be posted appropriate signs giving notice thereof and no such regulation shall be ef- fective unless said signs are erected and in place at the time of any alleged offense." Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this 12th day of February, 1973. Ed~i:d J. Erickson, Mayor Attest: B~tt~Pouli°t, Clerk-Treasurer (Published in the New Hope-Plymouth Post this 22 day of Februar)r , 1973. ) 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 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 immediatety with the State Historicat 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 N~innesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by fha 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....~,~.~'~..~. ~ .~..~.... ~.../...~. ~-.~T ............................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and pubii,~hed therein in the English .anggage, once each week, for ...... successive weeks; that ,, was first so published on/.~.~ ............. .~.~ ./. the._25~,..~.. .... day Of. ~.'~': .~...'T..%..~/~/... 19. ;.Z'..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: - ,~k abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans ..................................... Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 73-~ AN ORDINANCE ADDING SECTION 12.40 TO THE VILLAGE CODE RELATING TO THE POSSESSION OF SMALL AMOUNTS OF MARIJUANA Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. The Village Code is hereby amended by adding thereto the following: "12.40 Possession of Small Amounts of Marijuana. Subd. (1) Definitions. The following definitions shall be used in the inter- pretation and enforcement of this ordinance: a. Marijuana. "Marijuana" means all parts of the plant Cannabis sativa L., including all agronomical varities, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every com- pound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of gemination. b. Person. "Person" includes every individual, co- partnership, corporation or association of one or more individuals. C. Small Amount. "Small amount: as applied to marijuana means 1.5 ounces avoirdupois or less. This provision shall not apply to the resinous form of marijuana. Subd. (2) Posession of Small Amounts of Marijuana Prohibited It shall be unlawful for any person to: a. Possess a small amount of marijuana except when such possession is for his own use and is authorized by law. Subd. (3) Penalty Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $300 or imprisonment not exceeding 90 days, or both." Section 2. This ordinance shall be effective from and after its passage and pub~'ication. Passed by the Village Council of the Village of New Hope this-~day of ~~ , 1973. / Edwar~l~ Erickson, mayor Attest: ~/~~ Betty ~uliot, Clerk-Treasurer -2- 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 fha 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 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 Eng~anguage, once each week, for../. ~... successive weeks; that it was first so published on ~.~...~ the...~.'~ ...... day of..~...~--~...~...~.. ...... 19..'~J. and was thereafter printed and published °n 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 ................ (NOTARIAL SEAL) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... N~I OflDl~ NX)ING SECTION 12o4~ TO THE; ¥1L~ COOE RELATING TO THE DISTRIBUTION OF SHALL ,M4CXINTS OF I4ARIJU,q~A VI I laga of Ne~ ~, #lmteaota The Village G~mcil of the Village of New Hope ordains: $ec~ton I. The Village Gods is hereby amended by adding ~here- 12.41 ~DIs~rlb.u~Ion of S~li ~ts of,..,.Harljuana. Subd. (I) .l~...fin!~lons. The roi Io~lng definitions shall be used in the pr~?ation and enforcemen? of ~hls ordl .mmc~: a. HarlJuana. "HariJuana' mans al I part~ of the ~iant Cannabis sa?lva L., includi~ng all agronomical va~le~l®s, ~hether g.r~., ling or -t~e seeds thereof; ?he resin ext~ fr~m par~ of such ptant; and aw~ry ~gl~ factur~, sal~, derlvaflve, mlxfure or pml~ra- ~ion of such plan~, Its seeds or resla~ but shal I not include ?he mature s~lks of tuah . plarff, tiber from such sl'alks~ ol I or .role fr~m the seeds of such plant, any ather coq)ound, .manufacture, salt, derivative, mi xture, or.preparation of suc~ ~re sial ks except the resl n extracted therefrom, f lber, oi I, or c~ke, or ~he s~erl I i zed seed of~ Such plan~ vhlch is I~1~ ofgermLfl4tion. b. ~.~ ,Person"- InCludes ®vecY Indlvi.duel, · co~Br~nershlp, CorpOratiOn Or ~,assoolatl'on of one or more individuals. c. Smll~aount. "S,~li amount" as,~!ied to imrlJuana mans 1.5 ounces evl~Is or less. This provision shal I flor ~pply ,~o tJ~ resinous rfOrm of mrl~uana. -2- Subdo (2) It shall be unlawful for any person to gro~, sell ~ give away, barter, deliver, or distribute a small amount of marijuana. Subd. (:~) penal~. Any person violating any of the provisions of ~he ordinance shall be gui Ity of a misdemeanor and upon con- vlctlon shall be punished by a fine not exceeding S~)0 or .Imprisonment not exceeding 90 days, or both. Se~l~ 2_. This ordinance shall be effective from a~d after Its :passage and. PUbltcation. ~/~ Palled by 11~ Village Council of l~he Village of Ne~ Hope this ~Attest: _ _ Vi I lage Clerk-Treasurer ~(~il~hed ,in the ~ Hope-Plymouth Post this THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA f 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 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 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 ...~....~...~..~..~..~.-.....~...;..7~ --~7 ......... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi~tledtherein in the English~,~n~ge onceeach week, for.../...success veweeks; that itwasfirst so published on. ,~.~../.~. ~g~Z//~ ~' thetiS-- .~- · - ' '~'~Y of. - .~..~ ..... 19'~..'~-.and was thereafter pr nted and published on every ........... iiiiii i..i 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 sw~o~before (NOTARIAL SEAL) Notary Public,...~~.County, ~innesota My ORDINANCE NO. 73-~' AN ORDINANCE AMENDING SECTION 5.168, SUBD. (2) OF THE VILLAGE CODE RELATING TO INSTALLATION, OWNERSHIP AND CONTROL OF WATER METERS. Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 5.168, Subd. (2) of the Village Code is hereby amended to read as follows: "Subd. (2) Installation, Ownership and Control. All meters shall be purchased from the Village and installed by the consumer. Payment therefor shall be made in advance. The charge to the consumer for the meter shall cover the actual cost (including shipping charges) of the meter to the Village. Said charge shall also include a handling charge as established by the Village Manager, which charge shall not exceed twenty percent (20%) of the actual cost of the meter to the Village. The Village Manager shall from time to time post with the Water Department the total purchase price for the meters as established hereinabove. Upon con- nection with the Village water system, all meters shall there- after be deemed the property of and under control of the Village; the applicant for the connection permit releasing all claims thereto. All meters heretofore connected to the Village water system regardless of how paid for or installed shall be deemed the property of and under the control of the Village." Section 2. This ordinance shall be effective from and after its passage and publcation. Passed by the Village Council of the Village of New Hope this ~?~ day of .~/.,~r~- ~ , 1973. ' ~/l~Buliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this ~r~ day of ~,.~,/ , 1973. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'F;~, aUlf, 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 pest-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 N~innesota 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 ... ' )~f ~'~ ~ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publ!~hed therein in the Engli~nguage, once each week, for../.., successive weeks; thaf it was first so published on.. ,~...~..~.~.~ the..~.....~c~., day of. ~./.~ .~.. i ...... 19..~..~.. and was thereafter printed and pubhshed on every ................. .4~... fo 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 swo~'n to before (NOTAI~IAL SEAL) Notary Public, .............................. County, N~innesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 73- 9 AN ORDINANCE AMENDING SECTION 9.05 OF THE VILLAGE CODE RELATING TO PERMITS FOR CERTAIN OPEN BURNING Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 9.05 of the Village Code is hereby amended by adding thereto the following: "Subd. (4) Permits For Certain Open Burning. (a) Open Burning Allowed. Open fires for recreational purposes (for example, fires for the cooking of foodstuffs or warmth; campfires, bonfires) or for the purpose of thawing frozen ground in connection with construction projects ("Coke Fires") shall be allowed in the Village only upon issuance of a permit therefor by the Fire Chief. (b) Open Burning Permits. (1) Conditions. Permits for open fires for recreational purposes or for the purpose of thawing frozen ground in connection with construction projects within the Village shall be issued by the Fire Chief in accordance with regulations promulgated by the Village Manager only under such circumstances as may be allowed by the air pollution regulations as promulgated by the State air pollution standards and as may be allowed by such other sections of the Village Code. The Village Manager may condition the granting of such permits in such manner as is reasonable and appropriate. The violation of such conditions shall be a violation of this ordinance. (2) Application. Any person desiring a permit as required by this section shall make application therefor to the Village Fire Chief on such forms as the Village Manager may prescribe. (3) Fees. (a) Recreational Purposes. The open burning permit for recreational purposes shall be issued without charge. (b) Thawin§ Purposes. The fee for each open burnin~ permit' for the purpose of thawing frozen ground shall be Five Dollars ($5). (c) Penalty. Penalty provisions shall be as provided hereinafter for Section 9.06." Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this~ day of April, 1973. JEdwardyErickson, MaYor Attest: ~' ~~ B~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post /~7~_~ .~ , 1973.) / 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 ; ~,0r, for 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 fha 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 a-/ 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 OF 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 1wu years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of N~innesota 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 .. ~..~~..'~...~..~2.~ . .~...~..;. ?..~...~.?.. ........................ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, onceeach week for./(, success veweeks; that twasf rst so published on the.~..~y 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 be lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the cum position and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans · pehai'ty provisions shall be and Subscribed and swc)[n to before (NOTARIAL SEAL) Notary Public ............................... County, Ntinnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 73-10 AN ORDINANCE ADDING SECTION 3.27, SUBD. (11) TO THE VILLAGE CODE RELATING TO CHECKING BUILDING PLANS AND SPECIFICATIONS BY THE BUILDING DEPARTMENT AND ESTABLISHING A FEE THEREFOR Village of New Hope, Minnesota The Village Council of New Hope ordains: Section 1. Section 3.27 of the Village Code is hereby amended by adding thereto the following: "Subd. (11) Checkin~ of Buildin~ Plans and Specifications by Buildin~ Department. (a) Requests for Checking BuildinQ Plans and Specifications. All requests for the Building Department to check plans and specifications for all new structures, except single family dwellings, to determine whether said plans and specifications are in conformity with the Village Code shall be submitted in accordance with regulations promulgated by the Village Manager upon such forms as prescribed by the Village Manager and accompanied by the fee as provided hereinbelow. (b) Fee. The applicant hereunder shall pay a fee in an amount equal to fifty percent (50%) of the potential building permit fee as provided in Section 3.04." Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this~3 day of April, 1973. Edw~d-J~ Erickson, Mayor Attest: ~~ t~/Pou lot, Clerk-Treasurer (Published in the New Hope-Plymouth Post , 1973.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA 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 bas entry as second-class mailer 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 att 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 ........ : ................................... the English language, once each week, for../...success,ve weeks, tha,,twasf,rstsopub,,shedon ~...~...~~ fha...~. ...... 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 cum position and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sw,~rn to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 73-/! AN ORDINANCE AMENDING SECTION 8.142, SUBD, (8) OF THE VILLAGE CODE RELATING TO LIABILITY INSURANCE COVERAGE FOIl GARBAGE AND REFUSE COLLECTIONS Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 8.142, Subd. (8) of the Village Code is hereby amended to read as follows: "Subd. (8) Liability Insurance. Every licensee shall carry bodily injury liability insurance in an amount not less than $100,000 per person and not less than $300,000 per occurrence and not less than $50,000 of property damage insurance on all licensed vehicles in addition to a $1,000,000 umbrella coverage or, at the licensee's option, bodily injury liability insurance in an amount not less than $250,000 per person and not less than $500,000 per occurrence and not less than $100,000 of property damage insurance on all licensed vehicles. Every licensee shall also carry Workmen's Compensation insurance for his employees. The licensee shall provide the Village with evidence that said insurance is in full force and effect and shall provide the Village with thirty (30) days' notice of cancellation of said insurance." Section 2. This ordinance shall be in full force and effect from and after July 1, 1973. Passed by the Village Council of the Village of New Hope this f~/~.4 day of ~.~, , 1973. Edward J. Erickson, Mayor Attest:  o~liot, Clerk-Treasurer (Published in The New Hope-Plymouth Post ??.~ y ~y ~, 1973.) 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 if 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 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 publi~.~hed therein in thed:~'/' d:yof ~,~-"Z~ 19')~_~,ndwasthereafterprintedandpublishedonevery ~ 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,~ before m ...................................... (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 73 - /z-- AN ORDINANCE AMENDING CHAPTER 10 OF THE VILLAGE CODE RELATING TO THE PURCHASE , POSSESSION AND CONSUMPTION OF LIQUOR AND BEER BY MINORS Village of New Hope, Minnesota The Village Council of the Village of New Hope, ordains: Section 1. Section 10.01, Subd. (6) of the Village Code is hereby amended to read as follows: "Subd. (6) Minor "Minor" any person under 18 years of age" Section 2. Section 10.17 of the Village Code is hereby amended to read as follows: "10.17 Persons Ineligible For License No license shall be granted to or held by any person who is: (1) Under 18 years of age; (2) A convicted felon, or who has been convicted of violating any law or local ordinance relating to the sale, manufacture or transportation of intoxicating liquors; (3) A manufacturer of beer or who is interested in the control of any place where beer is manufactured; (4) An alien; (5) Not of good moral character and repute; (6) The holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place (or becomes said holder during the period of this license); or (7) Not the proprietor af the establishment for which the license is issued. Section 3. Section 10.19, Subd. (2) and (3) of the Village Code are hereby amended to read as follows: "Subd. (2) Sale To Minors or Intoxicated Persons No beer shall be sold to any intoxicated person or to any person under 18 years of age. Subd. (3) EmplOyment of Minors No minor under 18 shall be employed on the premises of a beer store or be permitted to sell or serve beer in any "on sale" establishment." Section 4. Effective Date This ordinance shall be in full fOrce and effect from and after its passage and publication in the New Hope-Plymouth Post, the official newspaper of the Village. Passed by the Village Council of the Village of New Hope this llth day of June, 1973. /,"' Edw~: Erickson, M~yor Attest: ~~, B~tt~o~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this day of June, 1973.) -2- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENN~..PiN[ 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 fo 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 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 AAinnesota 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 I,~g~ newspaper. He further states on oath that the Pr nted....~.x~ ............ ,..~....,~...~..~ ................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English la~uag~ce each week, for....~..successiveweeks; that it was first so published ~ ......~:z~c__~ theol. · .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: abcdefghiiklrnnopqrstuvwxyz--5V2 pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public ............................... County, N~innesota AAy Commission Expires .............................. 19 ...... ORDINANCE NO. 73- l~ AN ORDINANCE AMENDING SECTIONS 4.68 AND 4.92 OF THE VILLAGE CODE RELATING TO PARKING SPACE REQUIREMENTS Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 4.68, Subd. (4) is hereby amended to read as follows: "Subd. (4) Parkin9 Space Standards The following minimum parking standards are here- by established for all districts other than SR (Single Family Residential) Districts: Space 2 Space Lengths Plus One Center Aisle Angl~ Width Curb to Curb With Curb Overlap 90~ (Two-way) 9' 19'+19'+24':62' 17'+17'+24'=58' 60° (One-way) i9~ 20'+20'+19'=59' 19'+19'+19'=57' 45° (One-way) 9' ' 18'+18'+16':52' 17'+17'+16'=50' 0° (Parallel) lO' wide by 24' long, with 24' aisle An accurate, dimensioned parking layout which complies with the foregoing shall be submitted for approval with a site plan, and parking arrangements shall thereafter comply with such layout. Parking spaces shall be clearly designated by yellow lines painted upon the surface of the parking area". Section 2. Section 4.68, Subd. (8) is hereby amended to read as follows: "Subd. (8) Off-Street Spaces Required (O'ne space -- equals 300 square feet) a. Single Family Residence - one enclosed space (garage) and one open space. b. Multiple Family Dwelling of two Dwelling Units - one enclosed space and two open spaces per dwelling unit. c. Multiple Family Dwelling of three or more Dwell- ing Units - one enclosed space and two open spaces per dwelling unit. d. Townhouse Residence - two enclosed spaces per dwelling unit. e. Planned Unit Development - one enclosed space and two open spaces per dwelling unit. f. Service Station - three spaces per bay and once space per service vehicle, plus one space per employee per shift. g. Car Washes - sufficient spaces to hold 25 auto- mobiles waiting to be serviced. h. Motels and Hotels - one space per employee per shift and one space per unit, plus one space per 200 square feet of building area, not in- cluding area occupied by units. i. Bowling Alleys - six spaces per bowling lane, plus any additional spaces required for eating facilities and other recreational areas, (as provided herein) contained on the premises. j. Drive-Ins - one space per 25 square feet of building area. k. Eating and Drinking Establishments - one space per 3 seats, plus one space per 200 square feet of building area, not including "drive-in" spaces. 1. Furniture Stores - one space per 200 square feet of gross building area. m. Shopping Center or Planned Commercial Districts: (1) 0 - 20,000 square feet of building area - ten spaces per 1,000 square feet. (2) 20,001 - 30,000 square feet of building area - eight spaces per 1,000 square feet. (3) 30,001 square feet and over of building area - six spaces per 1,000 square feet. All areas are cumulative and refer to gross leasable building area and do not include covered or enclosed walkways, malls or lanes between stairs and similar public areas not intended or used for sales, dis- play or other commercial purposes. n. Other Retail - ten spaces per 1,000 square feet of gross building area. o. Office Buildings (with accessory retail use limited to 10% of gross leasable area) - one space per 200 square feet of gross building area excluding retail area, plus one space per 125 square feet of accessory retail area. If accessory retail area exceeds 10% of gross leasable area, then such re- tail area shall be calculated as "Other Retail" as provided hereinabove. p. Hospitals and Regional Medical Centers - one space per 2 beds and one space per staff doctor plus one space per two employees (other than doctors) per shift. q. Medical and Dental Clinics - one space per 125 square feet of building area. r. Rest Homes - one space per 4 beds, plus one space per 2 employees per shift. s. Places of Public Assembly (churches, theaters, arenas, schools, etc.) - one space per 3 seats contained in the major assembly area. t. Industrial and Wholesale - ten spaces, plus one space per 1,000 square feet of gross building area. The above requirement does not include company or delivery vehicles and therefore an additional space shall be provided for each such vehicle. Also no company vehicles shall remain stored in open parking areas longer than 8 hours unless such vehicles are at loading docks or are adequately screened from streets and other public areas. u. Other Uses - Other uses not specifically mention- ed herein shall be determined on an individual basis by the Village Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehi cl es ". Section 3. Section 4.68, Subd. (9) is hereby amended as follows: "Subd. (9) Joint Parking Facilities (A). Planned Development and Shopping. Centers With respect to planned development and shopping centers, the required parking facilities to serve two or more uses may be located on the same lot or in the same structure, provided that the total number of park- ing spaces furnished shall not be less than the sum of the separate requirements for each use. (B). Non-Planned Developments With respect to non-planned developments, the Village Council may approve the joint use of common parking facilities if the following conditions are met: (1) The building or use for which application is made to utilize the off-street parking facilities provided by another building or use shall be lOcated within 500 feet of and contiguous to such parking faci 1 ities. (2) The applicant shall show and the Village Council must determine that there is no substantial conflict in the principal operating hours and park- ing demands of the two or more buildings or uses contemplating joint use of off-street parking facilities. (3) A properly drawn legal instrument providing for joint use of off-street parking facilities, duly approved by the Village Council as to form and manner of execution, shall be filed for public record with the appropriate County official" Section 4. Section 4.92 is hereby amended by adding thereto the fol 1 owl ng: "Subd. (44A) Shopping Center Shopping Center: An integrated, planned business development, that can consist of a single multiple occupancy principal building or a unified arrangement of buildings and service facilities designed for occupancy by competative uses serving the general public with re- tail shopping uses as defined in Subd. (43) hereinabove". Section 6. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this day of y-~l~ , 1973. /  ~. ~d~r-di~. E ri ckson · Mayor~ Attest: Vi 11 age C1 erk-Treasurer (Published in the New Hope-Plymouth Post this/¢ day of,~-~/~ , 1973. THE NEW HOPE-PLYMOUTH POST Angle 90 degrees 9' AFFIDAVIT OF PUBLICATION area." uly sworn, on oath says he is and during all the times herein stated has been the President of ~ ~ publisher and printer of the newspaper known as ~ ' ~ THE NEW HOPE-PLYMOUTH POST ~ the facts herein stated as follows: is printed in the English language in newspaper format and in column and sheet form equivalent inches. (2) Said newspaper is a weekly and is distributed at least once each has 50 percent of its news columns, devoted to news of local interest to the community ~ not wholly duplicate any other publication and is not made up entirely of patents, ~, (4) Said newspaper is circulated in and near the municipality which it purports ?. copies regularly delivered to paying subscribers, has an average of at least 75 percent of its paid or no more than three months in arrears and has entry as second-class matter in its newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH in and it has its known office of issue in the City of Crystal in said county, established and open hours for the gathering of news, sale of advertisements and sale of subscriptions and officer of said newspaper or persons in its employ and subiect to his direction and control hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each , ~ · Historical Society. (7) Said newspaper has complied with all the foregoing conditions the day or dates of publication mentioned below. (8) Said newspaper has filed with )f AAinnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form . ·. ~etary of State and signed by the managing officer of said newspaper and sworn to before a t the newspaper is a legal newspaper· · . ~' that the printed .. ' ........ ~... · [:~: ' · hereof was cut from the columns of said newspaper, and was printed and published therein in e each week, furl.., successive weeks; that it was first so published on ........ ~ .......... · ....19..~.~. and was thereafter printed and published on every ..................... .... day of ........................ 19 ...... and that the following is a printed copy of the ~ A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in "~ ~' '"~ :atlon of said notice, to wit: · ,, ~ abcdefghiiklmnopqrstuvwxyz 5W pt. Sans before dayof ^o ~. . .............. County, AAinnesota BEVERLY, J., JORDAN~ NOTR[RY PUBLIC --MINNESOTA HENNEPIN COUNTY ~ ~ommission .Expires Dec. 2, 1977 ORDINANCE NO. 73 -~Af AN ORDINANCE AMENDING SECTIONS 11.24 AND 11.25 OF THE VILLAGE CODE AND ADDING SECTIONS 11.26 and 11.27 THERETO RELATING TO PARKING TIME LIMITS AND PROVIDING FOR TEMPORARY PERMITS FOR ON-STREET PARKING Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 11.24 of the Village Code is hereby amended to read as follows: "11.24 Parking Time Limit No person, except physicians, other persons on emergency calls or persons having a permit from the New Hope Police Department as provided in Section 11.26 hereof, shall park a vehicle on any public street, highway or alley for a period of time longer than 30 minutes between 2 A.M. and 6 A.M.; nor in any case, except by permit from the New Hope Police Department, for more than six consecutive hours at any time." Section 2. Section 11.25 of the Village Code is hereby amended to read as follows: "11.25 Snow Removal Notwithstanding the issuance of a temporary on-street parking permit as provided in Section 11.26 hereof, no person shall park or leave standing any veh- icle upon any street in the Village after a snowfall of 14/2" depth or more, until the snow from such street has been removed or plowed to approximate Village over-all average, and the official depth for the purpose of this ordinance shall be determined by a duly appointed Village official, whose determination shall be final and not sub- ject to appeal. In case any vehicles are parked or left standing on the street in vio- lation of this section, said vehicle or vehicles may be removed in accordance with Section 6.10, by or under the direction of any police officer or Village employee after such officer or employee has attempted to notify the owner to remove such veh- icle and it has not been removed. Removal of the car by or under the direction of the Village shall not prevent prosecution under this ordinance." Section 3. Chapter 11 of the Village Code is hereby amended by adding thereto the following: "11.26 Temporary On-Street Parking Permits When undue hardship may result from strict compliance with Section 11.24, the New Hope Police Department may issue a temporary on-street parking permit as provided herein upon application therefor by the operator of the vehicle to be parked on the street, on a form provided by the Police Department. 11.27 Issuance of Temporary Permit The following shall govern the issuance and use of temporary on-street parking permits: (1) A permit may only be issued for parking a vehicle in front of a single family residence. (2) No more than 2 permits may be issued per residence. (3) No permit may be issued for a vehicle owned or operated by a resident of the place for which a permit is desired unless the residence driveway is under repair or construction. (4) A permit shall be issued for a period of time not to exceed 7 days, however should circumstances warrant, such permit may be renewed for additional 7 day periods. (5) As a condition of granting a permit, the owner of the vehicle shall furnish the Village with a release of liability upon a form provided by the Police Department for damage to the vehicle resulting from park- ing the same on the street pursuant to said permit. (6) A permit issued hereunder shall not be valid unless the same is affixed to the inside of the windshield of the vehicle on the side of the vehicle facing the street. (7) The issuance of a permit hereunder shall not be a defense to the violation of Section 11.25 relating to Snow Removal." Section 4. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~ ~ day of , 1973. Be~t~ Po~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this /?t~ day of ~y-~ ..., 1973.) ! -2- TEMPORAllY ON-STREET PARKING PERMIT RELEASE AGREEMENT WHEREAS, I, the owner of the following described motor vehicle: Year Make ' ' Model " License No. have applied to the New Hope Police Department pursuant to Section 11.26 of the New Hope Village Code for a temporary on-street parkini~ permit to allow me to park said vehicle on the public street in front cf the following residence: overnight and/or for more than six consecutive hours at anytime during the period in which said permit is valid, and I~rlBREAS, the New Hope Police Department has indicated that it is willing to grant my application for said permit providing that I execute in writing this instrument releaain[~ the New Hope Police Department, and the Government of the Village of New Hope. and its or their officers, agents or employees from and against any and ail suits or claims for loss or damage to said vehicle resulting from parking said vehicle in front of said residence pursuant to said permit. NOW, THEREFORE, KNOW ALL MBN BY THESE PRESENTS: That I, being the owner of said vehicle, for and in consideration of the issuance of a temporary on-street parking permit by the New Hope Police Department, do hereby assume any and all risk and liability for damage to said vehicle resulting from parking the same in front of said residence pursuant to said permit, and do hereby, for myself and for other persons claiming under or through me, remise, release, indemnify, hold harmless and for- ever discharge the said New Hope Police Department, the Government of the ViLlage of New Flope, and its or their officers, agents ~r employees, from and against any and all claims, suits or demands, which I, or other persons claiming under or through me, have, or can or might have as a result of any claims for loss or damage to said vehicle resulting from parking said vehicle in front of said residence pursuant to said permit. I have carefully read this agreement, fully understand its terms and hereby acknowledge receipt of a copy hereof. Dated: 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 fo 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 subiecf 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 N~innesota 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. 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..."~..~..4~..~..~/ 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 I pel~mit may be ~! Subscribed and sworn to before. 7 day eddifi0n~l. methi ~....-T ......... dayof .... the vehicle shall :the P~i~e Depart~n! ~o th~. v~icle result ng fromJ (NOTARIAL SEAL) ~parking~. the. ~me ~ on the stre~ ~. p~ua~ ~e said permit. (6) A'permit i~u~ here~d~ Shall Notary Public .............................. County, ~innesofa not ~. ~alid unless the same is .aff~x~ tO the inside 0f ~e wind- shield ~'the v~hicle on the si~ of, ~y Commission Expires .............................. 19 ...... r-~e v~i~le fa~hg ,fhq st~t. ~7) The '!~su~ce of h~e~der shall..~t be .a d~ense to ~ ~' ~ttt~tb~~,~- - t~ vi~letien of~Sectlen 11.25 B~[ELY ~ 4. T~ m~ce s~ ~ ~ :. =~._~ .~ NOTARY PUBLIC - ~:, ~ive Pa~by ~e Villa~ Council ? ORDINANCE NO. 73-t~ AN ORDINANCE AMENDING SECTION 4.92, SUBD. (43) OF THE VILLAGE CODE RELATING TO RETAIL SHOPPING USES. Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 4.92, Subd. (43) is hereby amended to read as follows: Subd. (43) Retail Shopping Uses. Retail Shopping Uses: Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies; auto accessories; bakeries; barber shop; beauty shop; bicycles; books and stationary; candy; cameras and photographical supplies; carpets and rugs; catering establishments; china and glassware; Christmas tree sales; clothes pressing; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances, sales and repair; florists; food; furniture; furrier shops; garden supplies (year-round operation only); gifts; hardware; hats; hobby shops for retail sale of items to be assembled or used away from the premises; household appliances; hotels and apartment hotels; interior decorating; jewelry, including watch repair; laboratories, medical and dental research and testing; laundry and dry cleaning provided the process used meets the requirements of the Fire Prevention Code for use in buildings with other occupancies; leather goods and luggage; locksmith shops; musical instruments; office supply equipment; optometrists; paint and wall paper; pet shops, including retail sale of pet supplies, pets (where no more than three dogs and three cats over six months of age and no more than a total of six dogs and six cats are kept or offered for sale) and pet grooming services rendered in a room separate from retail sales areas; phonograph record; photography studies; restaurants, when no entertain- ment or dancing is provided; shoes; sporting goods; tailoring; theatre, except open air drive-in; tobacco; toys; variety stores; wearing apparel. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~.~ day of July, 1973. ,j~./' Edw~ Erickson, Mayor ~ouliot, Clerk-Treasurer (Published in the New Hope - Plymouth Post ?,~.~ ,~ u ~ ~ ~' , 1973.) -2- 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 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 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, forZ.., successive weeks; that it was first so published on .~.~.~.4. H. ?.~..~ the.-c-~....-'~.., day of..C..~..L.~..~.... 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--SV2 pt. Sans Subscribed and sworn to before me this....~. ........ day O,....~...~.~/~...~...A.D., 19Z~. ...... ..... ............................ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 73-77 AN ORDINANCE ADDING SECTION 4.44 (8) TO THE VILLAGE CODE RELATING TO LOCATION AND OPERATION OF TRAINING SCHOOLS BY SPECIAL USE PERMIT IN RETAIL BUSINESS, LIMITED INDUSTRY AND GENERAL INDUSTRIAL DISTRICTS Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 4.44 of the Village Code is hereby amended by adding thereto the following: (8) In Retail Business, Limited Industry and General Industrial Districts -.T.ra.inin9 Schools, provided such school is operated by the principal use seeking the permit to provide training for the consumer, distributor, or installer of the product, process or service which is sold, distributed or manufactur- ed by the principal use and subject to the following: (i) obtaining separate occupancy permit for the space occupied by the school; (ii) compliance with Village and State life and safety codes; (iii) adequate on-site parking so that no customers, visitors or employees are required to park outside the existing off-street parking areas of the business as a result of the operation of the school. Section 2. This ordinance shall be effective from and afters its passage and publication. Passed by the Village Council of the Village of New Hope this ,%~ day of July, 1973. (Published in the New Hope-Plymouth Post on~ ~.~ p ~L , 1973). 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 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 et 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 N~innesota 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 .... .~..~ ......... . .~...~ ..... .?.71~. ~.?.. Z ........................... 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 . the. ~;~'..~.~.. day of ..... ~..~--....: i .... '... 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--51/2 pt. Sans Subscribed and sworn to before me is~~ ........ ay o . .~7.. A~..: . . (NOTARIAL SEAL) Notary Public ............................... County, Nlinnesota My Commission Expires .............................. 19 ...... ,,~;~;~:~;~* BEVERL~ :~ ~ ~OTARY PUBLIC -- ~' ;~ HE~NEPIN COUNTY ., My Commission E~ ORDINANCE NO. 73- [~ AN ORDINANCE AMENDING SECTION 8.40 OF THE VILLAGE CODE RELATING TO TAXICABS AND TAXICAB DRIVERS Village of New Hope, Minnesota The Village Council of the Village of New Hope does hereby ordain as follows: Section 1. Sections 8.40 through 8.48 of the Village Code as presently written, are hereby repealed in their entirety. Section 2. Purpose. In an effort to provide the Village with the ability to license, regulate and control the operation of taxicabs and taxicab drivers, within the boundaries of the Village, the folloWing amendments have been made to the Village Code. Section 3. Section 8.40 of the Village Code is hereby amended to read as follows: "8.40 T'A X I C A B S AND T A X I C A B D R I V E R S 8.41 Definitions. Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given them by this section: Subd. (1) Certificate. "Certificate" means a certificate of public convenience and necessity issued by the Village Council authorizing the .holder thereof to conduct a taxicab business in the Village of New Hope. Subd. (2) Driver's License. "Driver's License" means the permission granted by the Village Manager to a person to drive a taxicab on the streets of the Village of New Hope. Subd. (3) Holder. "Holder" means a person to whom a certificate cf.public convenience and necessity has been issued. Subd. (4) Person. "Person" means and includes one or more persons of either sex, natural persons, corporations, partnerships and associations. Subd. (5) Street. "Street" means and includes any street, alley, avenue, court, bridge, lane or public place in the Village of New Hope. Subd. (6) Taxicab. "Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, whether over a fixed route or not, having a seating capacity of less than ten persons; provided further that said term shall not include vehicle subject to control and regulation by the Railroad and Warehouse Commission or vehicles regularly used by undertakers in carrying on their business. Subd. (7) Taxicab Stand. "Taxicab stand" means any place along the curb or street or elsewhere which is exclusively reserved by the Village Manager for the use of taxicabs. Subd. (8) Taximeter. "Taximeter" means any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whether by distance traveled or waiting time or both, and upon which such charge shall be indicated by figures. Subd. (9) Waiting Time. "Waiting time" means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the re- quest, act or fault of a passenger of passengers. 8.42 Certificate of Public Convenience and Necessity Required. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the -2- Village of New Hope without having first obtained a certificate of public convenience and necessity from the Village Council, provided that any taxicab licensed to operate in any other municipality of this state may carry passengers from said municipality where so licensed to any place or point within the Village of New Hope and may receive passengers for carriage to such municipality where so licensed, but owners and drivers of such vehicles shall not be permitted to solicit business in the Village of New Hope, or otherwise operate a taxicab on the streets of said Village, without being licensed under the provisions of the chapter. 8.43 Application for Certificate. An application for a certificate shall be filed with the Village Clerk-Treasurer upon forms provided; and said application shall be verified under oath and shall furnish the following information: (a) The name, address and birthdate (if any) of the applicant. (b) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments. (c) The experience of the applicant in the transportation of passengers. (d) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. (e) The number of vehicles to be operated or controlled by the applicant; the name and address of the owner of each; the name and address of the holder of legal title thereto, if different; the class and passenger- carrying capacity of each of said vehicles; the length of time the vehicle has been in use; the make of the vehicle; its serial number, engine number and State license number; the mortgagee of said vehicle, if any, and the amount thereof; and the name and address of the persons receiving the revenues from the operation of said vehicle and paying the expenses therefor. (f) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. -3- (g) Such further information as the Village Manager may require. If such application is made by an individual, it shall be signed and sworn to by such owner; if it is by partnership, then it shall be signed and sworn to by one of the partners thereof; and if by a corporation, then by one of the duly elected officials of said corporation. 8.44 Public Hearing. Upon filing an application, the Council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by publishing a notice of such hearing in the official newspaper. 8.45 Issuance of Certificate. If the Council finds that further taxicab service in the Village of New Hope is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public trans- portation and to conform to the provisions of this chapter and the rules promulgated by the Village Council, the Village Council shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied. In making the above findings, the Village Council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. 8.46 Indemnity Bond or Liability Insurance Required. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect a lia- bility insurance policy issued by an insurance company authorized to do business in the State of Minnesota for each vehicle authorized in the amount of Two Hundred Thousand Dollars ($200,000) for bodily injury to any one person; in the amount of Five Hundred Thousand Dollars ($500,000) for injuries to more than one person which are sustained -4- in the same accident and One Hundred Thousand Dollars ($100,000) for property damage resulting from any one accident. Said policy or certifi- cate of the insurer showing issuance of the policy shall be filed in the office of the Village Clerk-Treasurer. 8.47 License Fees 'for Certificate Holders. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee for the right to engage in the taxicab business of Twenty Dollars ($20) each year for each vehicle operated under a certificate of public convenience and necessity. Said licenses fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to said holder of the vehicle or vehicles under his operation and control. 8.48 Transfer of Certificates. No certificate of public convenience and necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Village Council. 8.49 Suspension and Revocation of Certificates. A certificate issued under the provisions of this ordinance may be revoked or suspended by the Village Manager if the holder thereof has: (a) Violated any of the provisions of this chapter; (b) Discontinued operations for more than sixty (60) days; (c) Violated any ordinances of the Village of New Hope, or the laws of the United States or the State of Minnesota, the violations of which reflect unfavorably on the fitness of the holder to offer pUblic transportation. Prior to suspension or revocafion, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard, and the acfion of the Manager reviewed by the Village Council. 8.50 Taxicab Driver's License. No person shall operate a taxicab for hire upon the street of the Village of New Hope, and no person who owns or controls a taxicab -5- shall permit it to be so operated, and no taxicab licensed by the Village of New Hope shall be so driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall have then in force a taxicab driver's license issued under the provisions of this chapter; provided that any driver licensed to operate in other municipality of this state may carry passengers from said municipality where so licensed to any place or point within the Village of New Hope, and may freely enter and travel upon the streets and thoroughfares for that purpose, and may receive passenters for carriage to said municipality where the driver of such vehicle is so licensed and in such case it shall not be deemed necessary for the driver of such vehicle to pay the license fee herein provided; but such driver shall not be permitted to solicit business on the streets of the Village of New Hope, or to otherwise operate within the Village of New Hope, or to otherwise operate within the Village of New Hope without being licensed under the provisions of this chapter. While within the corporate limits of the Village of New Hope the driver of such vehicle from such other municipality of the state shall have with him the licensed certificate for said vehicle and display the same to any person upon demand. 8.51 Application for Driver's License. An application for a taxicab driver's license shall be filed with the Village Clerk-Treasurer on forms provided by him; and such application shall be verified under oath and shall contain the following information: (a) The names and addresses of four residents of Hennepin County who have known the applicant for a period of five years and who will vouch for the sobriety, honesty and general good character of the applicant. (b) 'The experience of the applicant in the transportation of passengers. (c) The educational background of the applicant. (d) A concise history of his employment. Each application shall be accompanied by a certificate from a reputable physician of Hennepin County certifying that, in his opinion, the applicant is not afflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. At the time the application is filed the applicant shall pay t° the Village Clerk-Treasurer the sum oI- Three Dollars ($3). -6- 8.52 Examination of Applicant - Current State Motor Vehicle ..O. perator's Permit Required. Before any applicant is finally passed upon by the Village Manager the applicant shall be required to pass a satisfactory examination as to his knowledge of the Village and to show that he has a current chauffeur's license issued by the State of Minnesota. 8.53 Police Investisation of Applicant - Traffic and Police Record. The Police Department shall conduct an investigation of each ap- plicant for a taxicab driver's license and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Village Manager. 8.54 Consideration of Application. The Village Manager shall upon consideration of the application and the reports and certificate required to be attached thereto approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Village Manager to offer evidence why his application should be reconsidered. 8.55 Issuance of License - Duration - Annual Fee. Upon receipt of a Five Dollar ($5) license fee and approval of an application for a taxicab driver's license the Village Manager shall issue a license to the applicant which shall bear the name, address, age, signature and photograph of the applicant. Such license shall be in effect for the remainder of the calendar year. A license for every calendar year thereafter shall be issued upon the payment of Five Dollars ($5), unless the license for the pre- ceding year has been revoked. 8.56 Display of License. Every driver licensed under this ordinance shall post his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab. -7- 8.57 Suspension and Revocation of License. The Village Manager is hereby given the authority to suspend any driver's license issued under this chapter for a driver's failing or refusing to comply with the provisions of this chapter, such sus- pension to last for a period of not more than thirty (30) days. The Village Manager is also given authority to revoke any driver's license for failure to comply with the provisions of this chapter. However, a license may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf. 8.58 Failure to Comply with Village, State and Federal Laws. Every driver licensed under this ordinance shall comply with all Village, State and Federal laws. Failure to do so will justify the Village Manager suspending or revoking a license. 8.59 Vehicles--Equipment and Maintenance. (a) Vehicles Must Be Inspected. Prior to the use and operation of any vehicle under the provisions of this ordinance said vehicle shall be thoroughly examined and inspected by the Police Department and found to comply with such reasonable rules and regulations as may be prescribed by the Village Manager. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the Village Manager shall deem necessary therefore. When the Police Department finds that a vehicle has met the standards established by the Village Manager, the Department shall issue a certificate to that effect, which shall also state the authorized seating capacity of said vehicle. (b) Periodic Inspections. Every vehicle operating under this ordinance shall be periodically inspected by the Police Department at such intervals as shall be established by the Village Manager to insure the continued maintenance of safe operating conditions. -8- (c) Vehicles Must Be Kept in a Clean and Sanitary Condition. Every vehicle operating under this ordinance shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Village Manager. 8.60 Designation of Taxicabs. Each taxicab shall bear on the outside of each rear door, in painted letters not less than four (4) inches nor more than eight (8) inches height, the name of the owner; and in addition, may bear an identifying design approved by the Village Manager. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the Village Manager, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be mis- leading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab hereunder, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the Village Manager, in conflict with or imitate any color scheme, identifying design, monogram, or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab or taxicabs shall be suspended or revoked. 8.61 Taximeter Required. Ail taxicabs operated under the authority of this chapter shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night; and, after sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would effect their correct reading and recording. Each taximeter shall have thereon a flap to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of such taximeter into a non-recording position at the termination of each trip. The said taximeters shall be subject to inspection from time to time by the Depart- ment of Police. Any inspector or other officer of said department is -9- hereby authorized either on complaint of any person or without such complaint, to inspect any meter and, upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept of the highways until the taximeter is repaired and in the required working condition. 8.62 Rates of Fare--Rate Card Required. Every taxicab operated under this ordinance shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers. Rates charged may not exceed taxicab rates which are lawful in the City of Minneapolis. 8.63 Receipts. The driver of any taxicab shall upon demand by the passenger render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number of motor number, amount of meter reading or charges and date of transacticm. 8.64 Refusal of Passenger to Pay Legal Fare, It shall be unlawful for any person to hire any vehicle herein de- fined with intent to defraud the person from whom it is hired of the value of such s~rvice. 8.65 Taxicab Stands. The Village Council may designate taxicab stands by resolution in such place or places upon the streets of the Village of New Hope as it deems necessary for the use of taxicabs operated in the Village. Said resolution shall also designate the number of taxicabs which may be stationed at any such stand. No taxicab shall remain parked at the head of a column of two or more taxicabs at any stand for more than one hour consecutively. After that time, it shall move and permit the taxicab next in line to move up to the head of the column. No taxicab driver shall solicit passengers as fares except when traveling around the street or at a regularly designated stand. No driver shall dismount from a taxicab at any time for the purpose of soliciting passengers; provided that this shall not prohibit any driver from dismounting from his taxi- cab to assist a passenger entering his taxicab or dismounting therefrom. No taxicab shall park within thirty feet of any crosswalk unless this portion of the street has been designated as a taxicab stand. Only licensed taxicabs shall be permitted to park at any taxicab stand. - 10 - 8.66 Prohibitions of Other Vehicles. Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as taxicab stands. 8.67 Taxicab Service. All persons engaged in the taxicab business in the Village of New Hope operating under the provisions of this chapter shall answer all calls received by them for services inside the corporate limits of the Village of New Hope as soon as they can do so and if said services cannot be rendered within a reasonable time they shall then notify the propsective passenger how long it will be before said call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere within the corporate limits of the Village of New Hope at any time when such holder has available taxicabs shall be deemed a violator of this chapter. 8.68 Operating Requirements. All taxicab drivers shall be clean and courteous at all times. 8.69 Extra Passengers. No driver of any licensed taxicab shall carry any other than the passenger first employing a taxicab without the consent of such passenger. 8.70 Over Charging. No person shall charge or attempt to charge any passenger a greater rate of fare than that to which the taxicab is entitled under this chapter. 8.71 True Destination and Distance. No taxicab driver shall deceive any passenger who may ride with him, or who may desire to ride in any such vehicle, as to his destination or distance traveled or to be traveled. 8.72 Violation. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor." - 11 - Section 4. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~ ? day of .,~u~ ~,~7~ , 1973. - ~-Tre~urer (Published in the New Hope-Plymouth 3'~/~/~ ~-'~,g ~'~-~ ~.~ , 1973.) - 12- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION sleLw'atie~ the number of ta)dcabs may be prescribed by the Village ~ a~ '~ i~ 01~eration, whether existing Manager. These 'rules and ~ :~.is adee~uate to meal the regu!ations Shall be promulgated te ~ _ ~, ~ .probable ~ of pr~v.?de. ~afe transpertatie~ r '. ncraaseo serwce on Ioca traffic shall sPecifysuchsafety equ pm~R3t , conditions, and the charactei-ex, i and regulatory devices as the "Perience and responsibility of the Village Manager shall deem ~ applicant, necessary therefore. ~ 8;a6 tm~emnity Bond or Liability When the Police ~ taspranCe'Requfred, that a vehicle has NO ~ertificate of Public convenience dards established by the Village ; and=hecessity shall ~r issued or.con- N~anager, th~ Department~ shall t hued h operation unless there is in issue a -cert f cate to that effect, full a I.iability in- which shal also state the insurance authorized seating capacity of sa d vehicle. (b) Periodic inspections. Every amount of Two vehicle operating under this or. ($200,000) dinance shall be periodically in- ~ any one person; ' n spected by the Police Deportment ~ . at such intervals as shall be established by the Village Manager to insure the continued main- ($100,000 I be filed in the office of the Village Clerk-Treasurer. 8.47 LiCense Fees. ~or Certificate Ne shall be issued or AN I i his operafibn and New entirety. Section · qNIW HJ.~JON 3H1 ~u~ 12 i~s.~.w.,rn t° bef°re ~ ~/~.~. "~.~ ..... ............................................. (NOTARIAL SEAL) Notary Public, .............................. County, ~innesota ~y Commission Expires .............................. 19 ...... ~!ENNEF;N COUNTY Passed by the Village Council of the Village of New Hope this /~ day of .£ ~/~ ~&.~ , 1973. " "~'~4~lerk- Treasurer (Published in the New Hope-Plymouth / , ..19¢.3. ) 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 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 further states on oath that the printed... ~.. ~. :....Z_ .~....-../.~../... ~.,...~/~-'~// hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in th e English languag e, once each week, for__.., successive weeks; that if was first so published 0 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 fhe composition and publ icafion of said notice, to wit: abcdefghi[klmnopqrsfuvwxyz~51/2 pt. Sans Y to Subscribed and sworn to before are suf- to (NOTARIAL SEAL) all,building, electrical, mech~ical .~nd f,i~e~coi:l~sg6Verning'the usein Notary Public ............................... County, Minnesota ,~ rl,~Jideflfialr occuPancy.. The Council shah find that the ~raffic generated by the business My Commission Expires .............................. 19 ...... ~9TARY PUBLIC ~ ~INN[$.OIA ~E'NNEPIN, CO U ~_TY~ 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-PLYMOtITH 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 fo 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 lo 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 end 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.. ~. ?...~...~.......~.. :....~..~...~.....~..~...r~...~ .... ?..-.. & ............. hereto attached as e 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 .~...~.,?...~..-~. ']..~.~ay '~'~'~';, ~7~ O3 . ............. tbe_...., of. was thereafter printed and pub, lshed on every ....... to and including the .......... dey 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--SV2 pt. Sans Subscribed and sworn to before me ,his,~,~....~.....-~..~....day of~.'.~..~..~.~..~..~A.D., 19..~.-~.?. .................................... Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ~'i:'~ ~'.";'~ i~ ,/~ ~, . ORDINANCE NO. 73- 20 -AN ORDINANCE AMENDING CHAPTER 7.04 "NUISANCES AND RUNNING AT LARGE" Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 7.04 of the Village Code is amended in its entirety to read as follows: 7.04 Nuisances and Running at Large Animals shall be maintained and handled in such a manner as to prevent their becoming a nuisance or a threat to health and safety. No owner or keeper of animals shall permit such animal to run at large within the limits of the Village other than on premises owned by or rented by the owner. No owner shall permit barking, howling or other noises that disturb the peace and quiet of the neighborhood and no owner shall permit the deposit of animal excrement on public property or the property of others, nor to accumulate on his own or rented property, as otherwise provided herein. It should be specifically understood that the public streets and the adjacent boulevards are public property and within the scope of this ordinance and any deposit of excrement by animals, even if accidental, shall be the responsibility of the owner or caretaker of the animal to immediately remove and deposit in the public sanitary sewer system, the public storm sewer system being specifically mentioned as a prohibited depository of such excrement. Section 2. This ordinance shall be in force and effect upon its passage and publication. Dated the 9th day of October , 1973. / ~. Mayor / /Clerk-Treasurer Published in the New Hope Plymouth Post the 18th day of 0etober , 1973. 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 [ts 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 ...~.~.'...~. ..... Z .~....-..~.....~....~ .... ................................................................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English lan. guage, once each week, for Z... successive weeks; that it was first so published on/.~..~.~ the. ZZ..~'~. day of..~...~..; ........ 1 .~. J. 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 cum position and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans Subscribed and sworn ~to before (NOTARIAL SEAL) Notary Public ............................... County, N~innesota N~y Commission Expires ........................... ~].~9~.~,~. ORDINANCE NO. 73-21 AN ORDINANCE AMENDING SECTIONS 9.101, (8), (lO), (ll), 9.102 (1), (2) (d), (3), (4), (5), (6) RELATING TO WASTE STORAGE COLLECTION, AND DISPOSAL; DEFINING TERMS THEREIN; ESTABLISHING SANITATION REQUIREMENTS; PROHIBITING UNWHOLESOME AND UNHEALTHY LITTER AND OTHER NUISANCES Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 9. lO1 (8) Refuse is hereby amended by adding thereto the following: c. Bulky materials are materials which, because of their size and/or weight are not commonly stored or placed in waste containers and include, but are not limited to appliances, furniture, sod, building materials, light hedge clippings and tree branches when such clippings or branches are not more than 4 feet in length and are tied in bundles not more than 24 inches in diameter or more than 50 lbs. in weight. Section 2. Section 9.10-1 (lO) Waste "Waste" shall mean "Garbage", "Refuse", or "Rubbish" as those terms are defined hereinabove, but shall not include reusable, recyclable industrial~aste products ..... SectiOn 3. Section 9.101 (11) Waste Containers, General is hereby amended to read as follows: 9.101 (11) Waste Containers, Permanent and Disposable ,,~ a) "Permanent waste containers" shall mean a container of galvanized iron, plastic or non corrodible material with a close-fitting cover, rodent and fly-proof, non-absOrbent, and leak- proof, of the type commonly sold as a garbage can, of suitable gauge and construction to in- sure durability and with suitable handles on can and lid and of a capacity not less than ten (10) gallons nor more than thirty (30) ..~ gal 1 ons. b) "Disposable waste containers" Shall mean containers made of lightweight material including plastic bags Or' cardboard boxes, intended by a person, when left for pickup, to be disposed of along with any refuse, garbage, rubbish or yard clippings contai ned~ therein. Section 4. Section 9.102 (1) Accumulation of Waste Storage is hereby amended, by adding thereto the following: 9.102 Waste Storage. Subd. (1) Accumulation of Waste Prohibited. a. Waste shall be removed from the premises at least once every seven days and every per- son shall keep his premises at all times free and clean from same. b. No person shall permit any garbage or refuse to accumulate Within the Village unless the same is suitably enclosed in waste containers as defined hereinabove, unless otherwise provided herein. c. The above provisions shall not apply to reusable or recyclable industrial wastes, which shall be considered an industrial by-product. Section 5. Section 9.102 (2) d. Institutional, Commercial and Industrial Waste Containers is hereby amended to read as follows: d) Institutional, Commercial and Industrial Waste Containers. Institutional, commercial and ~industrial waste containers not mounted on wheels shall be stored on durable racks, placed on an easily cleanable surface and screened from view. The racks, when placed on the surface shall be raised above the ground. Containers mounted on wheels shall be specifically designed for use with collection vehicles. Containers with wheels must be placed on a concrete or other non-pene- trating surface. Section 6. Section 9.102 (3) Deposit of Garbage in Waste Containers is hereby amended to read as follows: Subd. (3) Deposit of Garbage in Waste Containers. It shall be the duty of the owner, occupant or person in charge of any premises to cause all garbage produced on the premises to be securely wrapped, bagged and placed in either a sealed disposable con- tainer or permanent container as .defined herein, as soon as practicable after the same is produced on the premises. All garbage placed in permanent con- tainers shall be bagged or wrapped in such a manner as will permit its free passage out of said con- tainer. All liquid waste shall be confined in a leak-proof container. Section 7. Section 9.102 (4) Location of Waste Containers is hereby amended to read as follows: Subd. (4) Location of Waste Containers - Regular Storage It shall be the duty of every owner, occupant or person in charge of any premises to place the waste containers on the ground or above ground level at ac- cessible outdoor or indoor location that may be con- veniently and economically serviced; however, no waste container shall extend more than three (3) feetlin front of the dwelling unit except as otherwise pro- vided herein, and shall not be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Containers placed outdoors shall be placed in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Section 8. Section 9.102 (5) Screening is hereby amended to read as follows: 9.102 (5) Screening. All pemanent and disposable waste containers, used in SR residential zoned areas or for SR homes in any zoning district shall be screened from all principal residential structures within 50 (fifty) feet and from the adjacent streets. Industrial, commercial, MR and Institutional uses shall provide screening for their waste containers so as to screen the containers from sight from off the premises on which located. The Village Manager may promulgate additional regulations as may be reasonably necessary to effectuate the above provisions. Such screen- ing shall be considered a fence for the purpose of 4.12 of the Village Code. Section~9. Section 9.102 (6) Disposable Containers is hereby amended to read as follows: Subd. (6) Location of Residential Waste Containers on Pickup Day. Di Spos ab~ e<, ~; SeatedJ con t~i hers ~ ~s. 'de f~.ned, h e~e i n-~ above uSed by SR homes, containing waste may be placed on the curbside for pickup, but may not be placed on the curbside any earlier than sunset preceding the day of scheduled pick-up. Bulky materials and permanent waste containers cannot be placed a-i~curbside but may be~placed in front of a single family residence on the apron of the garage area or at the corner of the residence if there is no garage not earlier than sunset preceding the day of pick-up. Section lO. Section 9 of the Village Code is hereby amended by adding thereto the followin§: 9.120 Penal tS Violation of any provision of this ordinance is hereby declared to be a petty misdemeanor, punishable by a $5.00 fine assessable in the following manner: a). $5.00 for single family residences, including duplexes for which each occupant is responsi- ble for storage and disposal of his own waste; b). $5.00 per dwelling unit for duplexes, four- plexes and other multiple residences, inclUding townhouses and other residential struci~ures utilizing common facilities for storage and disposal of waste, not to exceed a maximum of $100.00 for all units therein; c). $5.00 per 1,000 square feet of building space, or fractional portion thereof for retail businesses, office buildings, warehouses, manufacturing plants, churches, automotive service stations, or all other buildings not primarily used for residential purposes, not to exceed a maximum of $100.00 for any single building. Adopted by the Village Council this ~$~-~ day of October, 1973. Attest: ~Cli~Ot~ /' ~Oarr~ EricksOnl~rk-Treasurer (Published in the New Hope-Plymouth Post on November 15, 1973 ). THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION MINNESOTA ~F HENNEPIN SS. being duly sworn, on oath says he is and during all the times herein stated has been the President of ing Co., publisher and printer of the newspaper known as a for THE NEW HOPE-PLYMOUTH POST vermin. s of the facts herein stated as follows: tq read as ~spaper is printed in the English language in newspaper format and in column and sheet form equivalent ' - ' ' to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each · ' ' ~ newspaper has 50 percent of its news columns, devoted to news of local interest to the community s fo serve and does not wholly duplicate any other publication and is not made up entirely of patents, ~ o~ for SR; ~ advertisements. (4) Said newspaper is circulated in and near the municipality which it purports least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its ; currently paid or no more than three months in arrears and has entry as second-class melter in its  (5) Said newspaper purports to serve the acent VILLAGE OF NEW HOPE AND PLYMOUTH Hennepin and it has its known office of issue in the City of Crystal in said county, established and open ar business hours for the gathering of news, sale of advertisements and sale of subscriptions and s from ne managing officer of said newspaper or persons in its employ and subject to his direction and control ~ regular hours end at which time said newspaper is printed. (6) Said newspaper files a copy of each , ,ly with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form i. ~e Secretary of State and signed by the managing officer of said newspaper and sworn to before a tting that the newspaper is a legal newspaper. ton oath that the printed ~..~/. .... Day. . ........................... as a part hereof was cut from the columns of said newspaper, and was printed and published therein in ~uage, once each week, for../., successive weeks; that it was first so published on..'-~..~..~..~ beplacedat yof..~ .... 19~'~ and was thereafter r~ntedand ubhshedon ......... P ' p ' every ..................... the · the g the .......... day of ........................ 19 ...... and that the following is a printed copy of the ~unset abet from A to Z, beth inclusive, and is hereby acknowledged as being the size and kind of type used in b, )f the Vilt~ge. bY ad.ding and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz 5]/2 pt. Sans lowing manner: a) $5.00'fof sihg efarh y res dences, ,~nStitetiohal.uct' - Commercial and In. including dIJplexes for Which e. ch' '~' ' '~'~ Section $; Section ~.102 {21 ~ In- occupant s responsible'for stor- stitufi0nal,'Comme~'cialar~lmluStrial age and disposa! Of his own Waste Containers is hereby amended waste; to read as follows: b)$5.00 per dwelling unit for du- ) plexes;tour:plexes and other mu .......... ' duslrial Waste Containers. Insti- tiple residences., including town. ' ............. lutional, commercial and indus- houses and other residential trial waste containers not mount- . Structures utilizing common fa- I sworn to before ed on wtleels shall be stored on cililies for- storage and dis ,posal . .~._.,~...~ .~. .~...~ durable racks, placed on an easily of waste, not to exceed a r~axi. cleanable surface and screened mum of $100.00for allunits there- . .... placed on the surface shall be c) $5.00 per 1,000 sguare feet of raised above the ground. Con- building space, or fractional.per- ... ........... tainers mounted on wheels -shall - lion thereof for retail businesses, ' .......................... be specifically' designed for use office buildings, Warehouses, with, collection vehicles. Contain. manufacturing plants- churches, ,EAL) ers wit~) wheels must be placed automotive service stations, or on a concrete or other *non-pane- all .other buildings not primarily trating surface· ' . used for r~esidential purposes, , _.~ection ~ Section 9.102 3)-Oepos t ....................... County, Minnesota /~ '~rbage.in Waste Containers is not to exceed a maximum of ....... '-- ~/ amended to read as follows: St00.00 for an;y Single build ng Adopted by the Village Council this )n Expires ..... 19 ...... ~. (3) Deposit ot Garbage in 23rd day Of October, 1973. ' ........................ -jWaste 'Containers, (slEttward J. Erickson, hP~,., It shafl be tl~e duty .o.f the owner, Mayor occupant or person in charge of any ,', premises to cause all ' garbage Attest: . produced on the premises to be Cs)Betty PouHot · ~ secui~ely wrapped, bagged and Viltage Clerk-Treasurer ~,{L~ H ~-;OUNTY placed in either a sealed disPOsable (Published in The New HOpe- '~;~ container or Permanent container ~s Plymouth Post on November 15,: 19731.. - ORDINANCE NO. 73-22 AN ORDINANCE AMENDING SECTIONS 2.82 AND 2.85 OF THE VILLAGE CODE RELATING TO COMPOSITION AND PROCEDURES OF THE PARK AND RECREATION COMMISSION The Village Council of the Village of New Hope ordains: Section 1. Section 2.82 of the Village Code is hereby amended to read as follows: "2.82 Composition. Subd. (1) Number. The Commission shall consist of seven members who shall be appointed by the Council, with at least two members of each sex. Subd. (2) Term. Each member shall serve a term of office for three years except that members appointed to the two positions established by Ordinance 73-22 shall serve an initial one year term expiring on December 31, 1974. Terms of office shall expire December 31st. The Council shall have authority to reappoint members. Subd. (3) Vacancies. Any of the following shall be sufficient ground for the office of a member to become vacated upon the adoption of a resolution by the Council thereon: (A) Death; (B) DiSability or failure to serve, shown by failure to attend any of three con- secutive meetings without good reason. (C) Removal of residence outside of the Village of New Hope; (D) Resignation in writing, or (E) Conviction of a crime constituting a felony or an offense involving moral terpitude. Subd. (4) Fillin9 of Vacancy. Vacancies shall be filled for the unexpired portion of the term by the Village Council. The remain- ing members of the Commission shall interview candidates for Commission membership and make recommendations there- on to the Council. Section 2. Section 2.85 of the Village Code is hereby amended to read as follows: "2.85 Meeting Procedures. The Commission shall adopt the rules for the transaction of its business and shall establish regular monthly meeting dates. Special meetings may be called by any officer of the Commission upon three days notice to all members. A majority of the member- ship shall constitute a quorum provided that in the event of a vacancy, a majority of the appointed and qualified members shall constitute a quorum at any regular or special meeting. All questions presented for a vote of the Commission shall be decided by a simple majority of those present. Minutes of each meeting shall be filed with the Village Clerk-Treasurer as a permanent record of the Village and mailed to the Village Manager and all Commission members within two weeks after the meeting. The Secretary shall notify all'members of regular and special meetings of the Commi ssi on. 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 1-2th~ day of '~Nov~mber ~1~97~. /~ Edward.J/~ Erickson Mayor ~/ Attest: B~P~ Vi 1 l~ge Clerk-Treasurer Published in the New Hope-Plymouth Post ~/m~, ~,~y/~7'--~ . 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 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 end 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 N~innesota 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 print_e,~ .... ~.~.~.;...~. · · .~. ~...2 ................ ~.~ .............. 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./.., success ve we~eks; that t was f rst so published on ........... '~' ~' ' 'c~ the~ .~.....-~. day of. ~ ........ 192 .~... 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 cum position and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me this.~..~.. ......... day of..~.. .... ~4~), 19,27 (NOTARIAL SEAL) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... BEVERLY J,~ JOR©Ai'~ ORDINANCE NO. 73- 23 AN ORDINANCE AMENDING SECTION 8.12 OF THE VILLAGE CODE RELATING TO LICENSE FEES FOR FOOD HANDLING Village of New Hope, Minnesota The Village Council of New Hope ordains: Section 1. Section 8.12, Subd. (1) Soda Fountain, is hereby de- leted and a new section to read as follows added: Subd. (1) Restaurants. a). Full Restaurant $75.00 for each establishment such as traditional restaurant, fast food restaurant, drive-in restaurant, cafeteria, carry out and delivery restaurant, preparing and serving food from a menu having more than three food types such as beverage, salad, sandwich, main course, side dish and desert. b). Limited Restaurant. $35.00 for each establishment such as a soda fountain offering a limited menu of non-alcoholic beverages, ice cream products and pre-packaged snacks served for consumption on the licensed premises. Section 2. Section 8.12, Subd. (3) Pack.a~ed Goods, is hereby deleted and a new section to read as follows added: Subd. (3) Vendin~ Machines. a). $15.00 per location for the first machine and $2.00 for each additional machine dispensing unwrapped food goods. b). $10.00 per location for the first machine and $1.00 for each additional machine dispensing wrapped food goods. Section 3. Section 8.12, Subd. (5) Retail Stores, is hereby amended to read as follows: Subd. (5) Retail Stores. $50.00 for each establishment for the retail sale of food or food products which are not prepared and served on the licensed premises which is not pro- vided for in Subdivisions (1) through (4) above. -2- Section 4. Section 8.12, Subd. (6) Restaurant and Miscellaneous, is hereby amended to read as follows: Subd. (6) Miscellaneous. $10.00 for each establishment not covered in Subdivisions 1 through 5 above and 7 below selling, serving, preparing, distributing, packaging, manufacturing, or in anyway dealing with food or food production intended for con- sumption by the general public including food establishments operating for a temporary period, including, but not limited to food booths at fairs, carnivals, circuses, church suppers, or public exhibitions. Section 5. Section 8.12 is herebY amended by adding thereto a new Subdivision (7) Manufacturin9 to read as follows: Subd. (7) Manufacturing. $50.00 for each establishment such as a bakery or manufacturer of food staffs preparing food articles intended for sale'at a later date to retail food outlets. Section 6. This ordinance shall be in full force and effect from and after its passage and publication. Adopted by the Village Council of the Village of New Hope this 12th day of November, 1973. Attest: ~ Acting Mayor Vil age Clerk Treasurer 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 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 N~innesota 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 furth r states on o~ath that the~orinted .~....~...'.....~...~.. :...?...~..: ~....~...~ .:...~.. ................... 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 flrst so published on .~'~'~...~.~.~?..~?..~ th .e~...~....'2~.. 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--51/2 pt. Sans N~rle Jo'lfllson Subscribed and sworn to before ~ttest: Betty Pootiot ~i' lage Clerk ?r ~,,~Jrer ~=-('l~ubt, ished i~ the 'New Hope- ~iPtymouth ~Po~t~: N~, .22, 1973~} (NOTARIAL SEA[-) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 73- 24 AN ORDINANCE AMENDING SECTION 4.67, SECTION 4.92 OF THE VILLAGE CODE RELATING TO SIGNS Village of New Hope, Minnesota The Village Council of New Hope ordains: Section 1. Section 4.67, Subd. 2 Sign Permits, is hereby amended to read as follows: "Subd. (2) Sign Permits Except for routine maintenance, no sign may be painted, constructed, erected, remodeled, re- located, or expanded until a sign permit is obtain- ed in accordance with the Building Code (See Section 3.20) and until all other signs/on the premises of the applicant are brought into con- formance with this ordinance. No sign permit shall be issued for any sign unless the sign is a permitted use (See Sections 4.51 and 4.52) and the sign is permitted by, and complies with the regulations of this section, provided, however, that signs of a duly constituted 9overnmental body, includin9 traffic or similar regulatory de- vices, legal notices, and warnings at railroad crossings are exempt from the permit requirement and from the regulations of this section. Furthermore, the following types of signs are exempt from the permit requirement and from the regulations of this section,, except that they shall be set back from the street right-of-way line a distance of at least one-half (1/2) of the minimum setback specified in the district regulations. Section 2. Subdivision (2) of Section 4.67 Subd. 2, Sign Permits is hereby deleted. Section 3. Section 4.67 Subd. 3, General Standards, paragraph 4 is hereby amended to read as follows: Para. (4) Projectin9 Signs No sign will be permitted which projects more ~than twelve (12) inch~$ beyond the side of the 'buildinq to which it is attached. Section 4. Section 4.67 Subd. 3, General Standards, Para- gmaph 7, is hereby deleted. Section 5. Section 4.67 Subd. 3, General Standards, Para- graph 9 is hereby deleted. Section 6. Section 4.67 Subd. 3, General Standards, Para- graph 13, Political and Election Signs is hereby amended to read as fol 1 ows: Para. (13) Political and Election Signs Signs of the type referred to in Subdivision (2) paragraph (6) of this Section are permitted in addition to other sig.ns in any zoning distri~ provided that no person shall permit or allow any such sign to be located or maintained on his property more than 31 days before or 5 days after the election to which the sign relates. Section 7. Section 4.67 Subd. 3, General Standards, Para- graph 14, Window Signs, is hereby amended to read as follows: Para. (14) Window Signs An interior window sign means a sign affixed to a window or within a distance of 36 inches from the window. I~kJ~o_.event shall the s~ze of the interior window sign exceed 25% of the area of the window,.on Orby which the si.qn, is located. Lettering or letters of interior window signs shall not be larger from top to bottom than five (5) inches or wider than one (1) inch. Interior window signs shall not be of the gaseous tube type nor shall they be illuminated by interior means of lighting directed toward the window. Section 8. Section 4.67 Subd. 5, Name Plate, Directional, and Identification Signs, paragraph 2, is hereby amended to read as fol 1 ows: Para. (2) Name Plate, Directional, and Id,entification Signs For each apartment development there shall be per- mitted one (1) identification sign not exceeding twenty-five square feet in area located near the main entrance to the building or complex of buildings, and indicating only the name.a~U address of the bull-ding or coniplex of buildings, the name of the owner or manager thereof, and the phone number of the manager or owner thereof. In addition each building within an apartment development with a separate address shall be identified by a separate sign not exceeding 5 square feet in area with letters of a size and color to clearly identify the individual building. Section 9. Section 4.67 Subd. 6, "For Sale" and "To Rent" Signs, paragraph 1 is amended by adding the following: -2- "Subd. (6) "For Sale and "To Rent" Signs. "For Sale" and "To Rent" signs shall be permitted subject to the following regulations: (1) For Sale or rental of a single family residence. There-shall be no more than one (1) such sign per lot, except that on a corner lot two (2) signs, one facing each street, shall be permitted. No such signs shall exceed twelve (12) square feet in area, and no such sign shall be illuminated. Each such sign must be devoted solely to the sale or rental of the property being offered and must be removed immediately upon the sale or rental of the property. Each sign must be placed only upon the property offered for sale or rent and shall not be positioned closer to the property line than 50 per- cent of the setback required within the particular zoning district in which the property is located. Section 10. Section 4.67 Subd. 9, S~.g.ns Accessory to Business or Industrial Uses, shall be titled as follows: Section 4.67, Subd. 9, S.~i.gns AccessorS to Single Occupancy Business or Industrial Uses. Section ll. Section 4.67, Subd. lO, Front Wall Signs, para- graph 2 is hereby deleted. Section 12. Section 4.67, Subd. 14, Roof Signs is hereby amended to read as follows: Subd. (14) Roof Signs No part of any sign shall be maintained that pro_iects into the air space over the roof of any building or structure. Section 13. Section 4.67, Subd. 17, S~gns Accesso?y'to Shopping Centers, is hereby amended to read as follows: Subd. (17) Si.g.ns Accessory to Multiple Occupancy Business and Industrial Uses Including Shopping Centers When a single principal buil'ding is devoted to two (2') or more businesses, commercial or industrial uses, a comprehensive sign plan for the entire building or shopping center shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with Paragraphs (1) through (3) of this subdivision. No permit shall be issued for an individual use except upon a determination that it is consistent with previously or concurrently approved comprehensive sign plan. -3- (1) All signs shall comply with the provisions of subdivisions (10) through (15) of this ordinance which subdivisions govern single occupancy, business and industrial uses, ex- cept as otherwise prOvided. (2) Each individual operator within a multiple occupanc~v building havinq a separate exterior entrance shall be permitted a wall siqn or .signs consistent with the sign plan required _in ~uhdivision 17 above, the maximum area o7 which shall not exceed 15 per cent of the area iof the~proportionate share of the exterior wall (_including doors and windows) of the principal buildinq occupied by such use in Limited Business a~ld General Business Districts, and ~lO per,cent in Limited Industry and General .!.ndustry Districts and provided that the total area of sign or siqns of each such use shall not exceed two hundred (200) square feet. A multiple OCCupancy buildin§ providing a common shared entrance for the occupants shall be _enti~;led to only the amount and type of signa_qe ~that would be permitted if the entire building were occuPied by a single operator. (3) ~e followinq siqns accessory to shopping ~_nt~_r_~ are permitted in ~ddil~ion to signs ~ermitte~(~ under paraqr~ph 2 of this sub- division: (i) One additional .qround siqn per thorou.ghfare (single or double faced) may be u.~ed as an identification siqn for the shopping center. Individual businesses within the shop- ping center may not be advertised thereon. These provisions will appl_v to shopping Ce~lter$. notwithstandinq the provisions of Subd. (13)~ ~(i~) Individual businesses within a shopping center will be allowed no qround si~ns~ not-~ withstanding the provisions of Subd. (13). ~(iii) Each business located in such shoppin~g center shall be allowed a front wall sign as. .provided in paragraph 2 abo~e, even if such i~dividual business shall not have a front face .upon the exterior of the shopping center building. Section 14. Section 4.67, Subd. 20, Si~n Variance, is hereby amended by deleting the following: -4- "Subd. 20 Sign Variance " ...... : except that areas designated shopping centers as defined in the Village Code may pre- sent full and complete sign plans for the entire center. Such plan, when approved by the Village Council shall constitute the permitted signs for that center and any future change to such sign shall be submitted under the variance procedure and when adopted shall become part of the plan. Section 15. Section 4.92 of the Village Code is hereby amended by adding thereto the fol lowing: "Subd. 53 Sign, Gross Surface Area. Sign area shall be defined as the gross ~urface area and further defined as the entire area with- in a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall include any structural or framing elements, For~ computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure whiCh can encompass all of the letters. Section 16. This ordinance shall be in full force and effect from and after its passage and publication. Adopted by the Village Council of the Village of New Hope this /4 day of ~,~/~~. ~ ~7_~ . / .... · Edward ~. Erickson Mayor ~/ Attest: ~~ Bc~gtlJ~yP~Ful i ot Vi 11 a~e C1 erk-Treasurer -5- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION ~ being duly sworn, on oath says he is and during all the times herein stated has been the President of hing Co., publisher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST is printed in the English language in newspaper format and in column and sheet form equivalent .~ to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each does not wholly duplicate any other publication and is not made up entirely of patents, advertisements. (4) Said newspaper is circulated in and near the municipality which it purports least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its ~. (5) Said newspaper purports to serve the VILLAGE OF NEW HOPE AND PLYMOUTH Hennepin and it has its known office of issue in the City of Crystal in said county, established and open business hours for the gathering of news, sale of advertisements and sale of subscriptions and 'he managing officer of said newspaper or persons in its employ and subject to his direction and control regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each -ly with the State Historical Society. (7] Said newspaper has complied with all the foregoing conditions years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form Secretary of State and signed by the managing officer of said newspaper and sworn to before a that the newspaper is a legal newspaper. printed .......... ~ .~ ...... ~s a part hereof was cut from the columns of said newspaper, and wes printed and published therein in le, once each week, for. Z.. successive weeks; that it was first so published on i~..~...~ 19/...-~.. and was thereafter printed and published on ever ;I the .......... day of ........................ 19 ...... and that the following is a printed copy of the ~bet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in and publication Of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans ...... day of. ~L) ........................ County, Minnesota Expires .............................. 19 ...... N0~;ARY PUBLIC .- HENNEF'~N CO~,~ f~yComm~ss~e~ ~;xp~es Dec 2. ORDINANCE NO. 73- 25 AN ORDINANCE AMENDING SECTION 2.00 PERTAINING TO MEETING TIMES OF THE VILLAGE COUNCIL. Village of New Hope, Minnesota The Village Council of the Village of New Hope, Minnesota ordains: Section 1. Section 2.01, Subd. (1) of the Village Code is amended to read as follows: Regular meetings of the village council shall be held on the second and fourth Mondays of each calendar month at 7:00 P. M. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. In the event a regularly scheduled meeting as defined above, falls upon the day before a legal holiday, the Council may by the majority vote oI a quorum, by resolution change such meeting date to the next customary business day following such legal holiday, or cancel or reschedule the meeting as the Council shall determine. All meetings, including special and adjourned meetings, shall be held in the village hall, unless the council by a majority vote of a quorum sets or adjourns the meeting to another place of meeting. Section 2. This ordinance shall be in full effect and after its passage and publication. Passed by the New Hope Village Council the 26th day of November, 1973. ,, ..... ' Mayor ~l~k-Treasurer (Published in the New Hope-Plymouth Post the 6th day of December , 1973.) 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 fo 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 ifs 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 ,~rther states on oath that the printed ................... ~./~~ . . . hereto attached as a p'art hereof was cut from the columns of said newspaper, and was printed and published therein in ttl l Engli~d~uiie,/~ ~each week, f o r i ~ .~..~....~iilswsi~t~ii~s; that it was first so published on .'.7~..~-..~- -_~ · .~./....-~.. y ....... ,~--~--~..~. .......... after 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--5½ pt. Sans Subscribed and sworn Jo before (NOTARIAL SEAL) ~' Notary Public ............................... County, Nlinnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 73-;Zl AN ORDINANCE AMENDING SECTIONS 5.52, 5.53 5.54 AND 5.63 RELATING TO SEWER RATES AND CHARGES City of New Hope, Minnesota The Council of the City of New Hope, Minnesota, ordains: Section 1. Section 5.52 of the City Code is amended in its entirety to read as follows: 5.52 Rates The following rates and charges for use and service of the sanitary sewer system are hereby established, such charges and rates to be made against each lot, parcel of land, unit or premises which may have a connection directly or indirectly into the City sanitary sewer system and which discharge only normal sewage into such system. Subd. (1) Minimum Charges. The minimum quarterly sewerage charge, whether use of water is metered or not, shall be Two Dollars ($2.00). Said charge to be allocated to fixed administrative and maintenance costs that have been determined to be $1.55 per bill- ing and the treatment of a maximum of 1,000 gallons of sewage based on water use. Subd. (2) Meter Flow Char~es. For all premises where the sewer rate is based upon the metered use of water, the rates shall include the minimum charge provided for in Subd. 1 of $2.00 per quarter plus 45 cents ($.45) for each one thousand (1,000) gallons of water consumption over and above the first one thousand (1,000) gallons of sewerage included in the minimum charge provided for in Subd. 1 above. Subd. (3) Unmetered Flow Char~es. For these structures connected to the city sewage system, but not to the city water system, the user shall be billed at a rate equal to similar uses in the city, the flow to be estimated and determined by the City Manager, such determination of rate being subject to appeal to the City Council as to rea~onab~lenes~s~~. Said mates $~qall be available for ex~mination ~at the City Ha~tl during all normal working hours. Section 2. Section 5.53 entitled "Rate, Industrial Waste & Large Units" is hereby repealed. Section 3. Section 5.54 is amended in its entirety to read as follows: 5.54 Required Installation of Water Meters. a. A meter recording the use of water may be installed on any lot, parcel, premises or unit in the City and thereafter the rate shall be based upon such use of water. The Council may, by resol- ution, require and order the installation of such meter on any such lot, parcel, premises or unit or class thereof where it shall determine that the equitable administration and application of sewer rates requires the metering of water used on the premises. Section 4. Section 5.63 entitled "Sewer Operating Fund", is hereby amended to read as follows: 5.63 Sewer Operating Fund. All revenues derived from these rates and charges shall be credited to the Sewer Operating Fund. Such revenue shall be used for the purpose of paying the cost of operating and maintaining the sewage system, paying charges made by a duly authorized municipal authority, such as the Metropolitan Sewer Board, providing an adequate depreciation fund, paying costs of meter-reading, billing, collection and other similar or related sewer operating expenses. To the Sewer Operating Fund shall also be credited all revenues derived from any "Use Charge" paid for use of service of the sanitary sewer system. Net revenues from "Use Charge" shall be paid by the Village from time to time for the purpose for which such Use Charge was established. If the rates and charges prescribed herein do not produce a net revenue sufficient to permit payment of the Use Charge revenues for the purposes for which established, the rates and charges provided herein shall be adjusted from time to time to permit the accumulation of net revenues equal to the deposits of Use Charge Funds to the Sewer Operating Fund. Section 6. This ordinance shall be in full effect after its passage and publication. Passed by the City Council of the City of New Hope this y/~-~ day of ~ ~ ~ ~.~z~_ , 19 7~._. -/I~dwar~,.~/~ickson, Mayor Attest: ~~ T ~Be~y Pouliot, Clerk- reasurer ? (Published in the New Hope-Plymouth Post the/'~) ~"~day of . '~'~%,,,~..~. ~ ?.' ~/,:~.'~. Z/~. 197'~'; ) -3- NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E~ 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 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 CITIES 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. ~...~....-...~..2.'~.~.....~....~.. .... ~~ ................ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'lEnglish language, once each week, for.~Z~__.. successive weeks; that it was first so published o~ :ieln~ i~~'~' ' ' ' f' -~J . ...... 19'? '7' and was thereafter printed and published °n every ............. ' ' '~' ' '" ~-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 l~p before me t,is..../..~.,~ ......... day of..-~. ~'~'. ...... A.D., 19.Z7 .......... ........................................ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ......