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1970 ORD ORDINANCE NO. 70-/ AN ORDINANCB AMENDING SECTION S.'49, SUBDIVISI'ON ('2.)~, OF THEi VILL'AGE iCODE RELATING TO CONSTRUCTIiON OF UNDERGROUND. GARAGES. Thel Village 'CoUncil of the Villa'ge of New HO.pe ~ordains: iSec:~i.o'n 1. 'Section 3.49,. Subdivision (2.), ~of the Village COde is :amende'd b'y adding tkelreto paragraph '(D). to read as followS: "(D) Notwithstanding the' provisions ~of .the' Uniform Building Code, the following require.ments~ apply to underground public · or private garages 'constrnhted in all buildings btke~ than one or two family residential buildings: "1. Ail entrance driveways to under.ground garages with a grade exceeding' 5 percent 'shall be heated in a manner adequate to prevent accumulation of ice and s~ow, for a sufficient distance to permit safe egress and ingress 'of motor vehicles to tke underground garage. Before constructing underground garages, anyone wishing to'do so Shall apply to tke Building' Inspector for a special permit and witk-such application sh'all submit detail plans of the entrance driveway for which 'such permit is quested. If tke~Building Inspector approves the design, a permit shall be. issued subject to any conditions 'required by the' Building Inspector to ensure safe. egress and ingress of motor vehicle's. ':All. portions of underground garages' shall be illUminated' wiltk. 'light' having an intensity (when vacant)0f not .than 5-foot 'candles',: measured .at a height of 30 inches: :ab.eve the floor prbvided that :the exits 'for' motor vehicles · s.h-all: be illuminated wilth l~ight having .an intensity. of not :less' ~than 5e-foot :candles." 'Sec~tilOn' '2.1 This Ordinance shall be in full fOrce and effec'tll 'from and 'after .its' passage land publication. .Passed bM the .Village.CoUncil..of .the Village ~of NeW Hope this. '~ day ]of' ' ~-~ ~'~7 ............ , 1970.~ ' c4~:T.~re as 'ret Pub 1.isked in. The' :NEW: Hope -Plymouth Pos t~ '..' ~'e'~'~.~ ~.J~'/i:~. ?',~" ' ')' -, 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 tim~s herein stated has been the President of The Post Publishing Co., publisher anti printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST a~d has full knowledge of the ~acts 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) ~aid newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears an& has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of Hew Hope and Plymouth in the County of Hennepln and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hcurs for the gathering of news, sale of 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. (?) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1. 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. lle further states on oath that the printed. ~a~-'-~/~-~<-<~'~7~-~~ ' hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Engl,'~sh language, once each week, for...%"la~ceesslve weeks;~that it was 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 compositlnn and publication of said notice, to wit: abcdefghijklmnopqrstuv~xyz--6 pt. News Text abcdefgMiklmnopqrstuvwxyz~6 pt, Vogue Subscribed and.~rn to before ~ me ................ d, ....... I .?C (NOT.~I~^~ SE^r.) / ~ ~ Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... ORDINANCE ~NO. 70-. ~ AN ORDINANCE ADDING SECTIONS '9.130'.AND 9.131 TO THE VILLAGE CODE RELATING TO AIR POLLUTION REGULATIONS AND INCORPORATING PROVISIONS OF THE MINNESOTA POLUTION CONTROL AGENCY REGULA- TIONS BY REFERENCE, AND IMPOSING A PENALTY FOR VIOLATION THEREOF. The Village Council of the Village of New Hope ordains: 'Se'ct'ion 1. Chapter 9 of the Village Code is hereby amended by .adding thereto the following: 9.130 AIR POLLUTION CONTROL Section 9.131 Air Pollution RegUlations. Subd. (1) Minnesota Pollution Control Agency Regulations Adopted. There is hereby adopted by the Village and incorporated into this 'Code for the purpose of preventing, abating and controlling air pol- lution, those certain Regulations known as "Ambient Air Quality Standards 'and Air Pollu- tion Control Regulations'" prepared by the Minnesota Poll. ution Contr.ol Agency, as the same' appear in mimeographed form and page marked #242-1 through #242L38, inclusive (ke.reafter referred to as MPCA Air Pollution Regulations), save and except to the extent that the provisions are inconsistent with SeCtion 4.77 of the Village Code, and save and except such portions as 'are kereafte.r modified or amended, of which one copy has been marked "official copy" and filed for use and examination .by the public in the office of the Clerk-Treasurer. In the event of inconsistency between the said~MPCA Air Pollution Regulations and Section 4.~77, the more restrictiv~ provision or provisions 'shall govern. Ail references 'in the R~gulations to Director. shall be interpreted as meaning the Fire Marskal, and all references to eithe~ Agency or Minnesota Pollution Control Agency (except APC 3 Subsection A(5)) shall be interpreted as meaning the Village. Subd. (2) Amendments -to MPCA Air Pollution Regulations. The 'said MPCA Air Pollution Regulations are amended and changed in the following respects: (A) Regulation APC 8' Open' Burn%ng' Res"t~rlic'- ' 't'ilons, subse'ction A("i)~ i's' ~me~ni~ed t'o rea--~as' fol lows: (B.) (i) No person shall dispose of refuse by open burning or cause, suffer, allow 'or permit open bUrning of refuse· .' Regulation APC'8 :"Open' :B'~ir~nilng[ 'Res--tric- · t'i~ons,'' .sec'tion C is. am'ended to r'ea'd as "Ci 'Restrictions on open burning of tree leaves. C.C.) The open bUrning of leaves in con- tainers 'or bUrning devices meeting the fire safety standards provided in section 9.04, of the Vi:llage Code is permitted. Regulation APC 9' C'on:t'roI Of Od'ors' :in 'the Kmb'ilent ~ir, subsect'io-ns' X[.1)' '~anR (21) are ame.~dYed' to read as follows: In areas zoned as single-family, multiple family, l'imited bUsiness, retail business· and general business districts;' (2.) In areas zoned Limited Industrial wren air containing ·suck odorous matter is diluted'with 2 volumes of odor-free air. Section 2. Any person violating any provisi'ons of this O dinance shall be. guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine not to exceed $300 or by imprisonment for not to exceed 90..days, or bOth. 'Sect'fon 3. ·Th·is Ordinance shall be in full force and effect from an~ a~.te.r its passage and publication. Passed .by·the Village Council of the Village of · Attest: ~~ .... /'" - ~ Mayor ~ rk- T r.e as'ute ff (P.ublis.hed in the' New Hope-Plymouth 'Post· -2¸- s THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publiabcr and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the /acts herein stated as follows: (1) Said newspaper is printed in the Engilsh language in newspaper /ormat and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper ia circulated in and near the municipality which it purports to serve, has at least cop/es regu.larly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears an& has entry as second-class matter in its local post-office. ($) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- llshed and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manacing officer of said newspaper or persons in its employ and' subject to his direction and control during ail such regular hours and at which time sai~ newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Saciety. (?) 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 l~{innesota prior to January 1, 1966 and each 3anuar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ,e ,urthe, ,tat,, on that the ................ hereto attached as a part hereof was Cut from the columns of said newspaper, and Was printed and therein in the Eng,}ah language, once each week, for...~..~s~ccessive weeks; that it was published ............. .... first so published ~ h d ~ ~ 75 and .... was thereafter printed and pu is ed on eVery .......................... to an 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: abcdefghijklmnopqrstuwrxyz--6 pt, News Text abcdefghiiklmnopqrsfuvwxyz--& pt. Vogue Subscribed and sworn~to before m this.....~.'..~.'.~.~.. ...... day of..~ .~.~..~,~.~,~? ....... A.D., 19.~-~ ..... : .................. Notary Public,. ....................... County, Minnesota My Co~nmlsslon Expires ......................... 19 ...... AN ORDINANCE AMENDING SECTION 3.63 OF THE VILLAGE CODE RELATING TO THE ADOPTION OF AN ELECTRICAL CODE The Village Council of the Village of New Hope ordains: S'~ctiOn 1. Section 3.63 of the Village Code is amended to' read as follows: "3.63 A'do~'ti'on Of Minneapoli's ~le'c't'r~ical ~Or'dm~nance. Subd. (!) ~dop'ti'on of Minneapoiis'iColde. For the purpose of establishing a mini- mum standard fo~ the installation, alteration, maintenance, repair and use of all electrical wiring and electrical apparatus in the Village, Chapters 140 to 143, inclusive, of the Minneapolis Code of Ordinances, as amended, and as 'the same appears from pages 3 to SS, inclusive, in a pamphlet entitled "City of Minneapolis Electrical Ordinance 1969" are hereby adopted by reference as though' fully set forth herein as the "Electrical Code of the Village of New Hope" and shall be in full force and effect in this Village insofar as applicable to electrical construction therein and all wOrk done hereafter within the Village shall be done.in accordance with the provi- sions thereof, except for such portions as hereinafter may be deleted, modified' or amended in Subdivision 2 of this section. One copy of the Electrical Code shall be filed for use and examination by the public in the office of the Clerk-Treasurer and shall be marked with the words "The Village of New Hope -- Official Copy." Subd. (2) Ame'ndme'nts, Mo'difications, De'l'et~io~s'~and ~ddi'tions. The following amendments, modifications, deletions 'and additions to the Minneapolis Electrical Code are hereby made: (^) Section 142..02.0,. Minneapolis Electrical Code, is amended by adding thereto the fol lowing: In apartment houses, as defined in Uni- form Building Code,; 1961 Edition, Volume 1, the irequired artificial lighting shall be controlled by an automatic regulating device of a type approved bY the electrical inspector. Chapter. 142, Minneapolis Electrical Code, is fur. ther amended bY adding thereto Section 142.045 to. read: Off-s't~eet parking areas and the area adjacent to Such'parking site and build- ing exit door shall be illuminated with light having an intensity of not less than one-h~lf foot candle power, measured at any height between ground level and six feet above ground' level, and shall be regulated by an automatic controlling device to turn the lights 'on from sunset to sunrise, provided that if the lighting is on at all times, no such controlling device shall be required. ''S'ec-~i~o'n 2. This ordinance shall be in full force and effect-from and after its passgge and publication. Passed by the Village Council of the Village of Na~ Hope this :~ day of'~j~/~ , 1970. Attest:.. ~~~, /' s'ur e r Mayor (Publisked in the NeW Hope~Plymoutk Post on /f/~,/ ~ ,19 7.0). THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA CO'UNTY OF HENNEPIN~ SS. ~C4~lt, being duly sworn, on oath says he is and during all the times herein stated has been the-Presi4en~ of The Post Publishing Co., publiaher and printer of the newspaper known as ~?.-:i~'~ ~.~ ~ THE NEW HOPF~PLYMOUTH POST ~d ha~ ~ull knowl~e o[ th~ [acts hcr~in stated ~s ~ollows: (I) S~d ncw~papcr is printed in thc English language in he,paper ~ormat and in column ~d ~h~¢t ~orm ~qui~al~nt in printed space to at least 900 square inches. (2) ~id new~paper i~ ~ w~kly ~nd i~ distributed at l~t once each week. (3) Said new~aper has 5~% o.~ it~ news ¢olumn~ d~vot~d to ncw~ o~ 1~1 intcr~t to th~ community which it purports to serve and does not wholly dup~cate any other publication and is not made up entirely o~ patents, plat~ matter and adverti~ement~. (4) S~id n~spap~ i~ circulated in and n~r the municipality which it purports to c~i~ r~gul~rly d~li~ered to paying sub~riber~, has an average o[ at least Y5% current~ ~id or no more th~n t~ months in arrears and* has entry as s~ond-¢las~ m~tt~r in ~i-offic~. (5) Said ~w~pap~r purpo~s ~ serv~ the Vill~es o~ New Hope and Plymouth in [he County o~ Henn~pln and it has its k~ewn offic~ ~f issue in ~e City of C~tal in ~id county, estab- lished ~nd open during it~ regular busln~s hours for the gathering o~ ne~, s~ of adver[is~ment~ ~d ~I~ o~ ~ub~riptlon~ and mainlined by the managing officer o[ said newspaper or persons in i~ ~mploy ~d subject to hi~ dlr~ion ~d ~ontrol during ~1 such regular ~r~ and at which fim~ ~ newspaper is prated. (6) Said n~wspap~r ~ile~ a copy o[ ~ach i~su~ immediately with the State ~istoric~l S~ty. (Y) S~d n~w~p~ ha~ complied wi~ all the foregoing conditions for at least two ye~s preceding th~ ~y or ~t~ o[ pub~tlon m~ntlon~d below. (8) Said n~wspaper has filed with ~he Secretary o[ S~te o~ Mian~o~ prior to January 1, 1966 and each January 1 thereafter an a[[idavlt in th~ [orm pre~crlb~d by ~ Secre~ry o[ S~t~ ~nd signed by th~ man~glng officer o~ ~a~d new~pap~r and sworn to before a not~ry public ~tati~g that ~h~ newspaper is ~ legal news~p~r. He further states on oath t~t the p~nt~ ..... ~.-~;.,,...~ ..... ~ ..... ~ ...................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the En~1ish language., once each week, for../.~'~..suecessive weeks; that it was I~.~... and was thereafter pnnted and published on every ................ to and including the .......... day of .......................... 1~ .... 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 si~e and kind of type used in the compo~iti.on and publication of said notice, to wlt: abcdefghijklmnopqrstuvwxyz--6 pt. News Text abcdefghljklmnopqrstuvwxyz~& pt. Vogue Subscribed and sworn te before (NOTARIAL SEAL) Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... AN ORDINANCE AMENDING SECTIONS 3~.71 AND 3..73 OF THE VILLAGE CODE RELATING TO THEADOPTION OF A PLUMBING CODE AND ENFORCEMENT. The Village Council of the Village 'of New Hope ordains: SeCtiOn 1. SeCtion 3.71 of the Village Code is amended to read as ~±ollows: "3.71 MINNESOT~ PLUMBING CODE. Subd. (1) ~dop't'iO'n' O'f Minnes'ota Piumb%ng 'Code. Th.ere is hereby adopted in full, except for such portions as hereinafter may be deleted,' modified or~-amended, and incorpo- rated into this ~Code, bY refe.rence, for the purpose of adopting a comple.te plumbing code, that-certain published Code prepared by the Minnesota State Board of Health, which is entitled "Minnesota plumbing Code," and file~d with the Secretary of State and the Department of Administration June, 1969. One copy of said "Minnesota Plumbing Code" shall be marked as "The Village of New Hope -- Official Copy" and filed for use and exami- nation by the public in the office of the Clerk~'Treasurer. Subd. (2) Amendments, Modifi'cations, 'Dele- 'tions ~and ~d~itions. ~S'e~Cfio~ 2. to read as-folloWs: "3.73 The following amendments, modifications, deletions and additions to the ?'Minnesota Plumbing Code" are hereby made. All exposed vertical risers 2" and less shall be supported .every' 48". Further, the Western Plumbing Of- ficials Association Installations~ Standard for plastic drain, waste, and vent pipe #IS 5-65 of January 12, 1961 shall also be followed for thermal expansion and handling of antifreeze protection." Section 3.73 of the Village Code is amended ENFORCEMENT. The Building Inspector shall enforce the provisions iof this Plumbing Code. Any person covering work witk0ut it being duly inspected or refusing to, correct work when~.so ordered bY ~he Building Inspectoz, shall .be. guilty of a mis- demeanor. Se.c't'ion' 3.. This-ordinance Shall be in full~ ~fOr. ce and effect' from and after .its pass'age and publication. Passed bY .the Village .. CoUncil of the Village of New Hope this ' -~'3'-,~ day of' H~-r ~-~.i ' . , '1970. ' ' ~I~k- T r.e asu:re r Mayor (Published in the 'NeW Hope-Plymouth.'Post. on ~.. , 1970'..) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~ SS. ~.~3. L'~.g~'~a~t~, 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 ~'J~cc~,.<.~- 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% of its news co:umns 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 cop/es regularly delivered to paying subscribers, has an average of at least 75o~ of its total clrculat-/on 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 Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in eaid county, estab- lished and open during its regular business he-ars for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his ~tlreotlon and control during all such regular hours and at which t/me saic~ 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 Secret~ry of State of Minnesota pr/or 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..../..sncc~sslve weeks; that it was first so published on.. .~ ............. the..~.. .... day of....~ ............... 19.~.Y 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: abcdefghljklmnopqrstuvwxyz--6 pt. News Text abcdefghljklmnopqrstuvwxyz--& pt. Vogue Subscribed and sworn/t~ before me ~is ..... V ................ day o~ ........... ; ............... A.D., 19. ~. (NOTARIAL SEAL) Notary Public, ........................ County, Minnesota My Commission Expires ......................... 1~ ...... ORDINANCE NO. ~.70-. ~ AN ORDINANCE AMENDING SECTION' 7.12' · OF THE VILLAGE' CODE RELATING TO. ESTABLISHMENT. 'OF VILLAGE POUND The Viii.age CoUncil of the Vill.age of New 'Hope -ordains · Sect'ion 1.' Section: 7.12-relating to est'abl'ish~ent . of village poundI 'is' hereby amended to read as follows :' "The Vi'll'.age pound shall be named by annual resoluti.on of the village council. The village poundkeeper shall also be named by annual' resolu- tion of the village council, and the chief of police §hall 'be. deemed pound mast-er. The village pound, village poundkeePer or pound mast'er may here- after, be. cha.nged 'by resolution of the council." iS'e'cti~on 2. This ordinance shall .be' in full force and effect 'from ah'd' after its passage and publication. Passed by the' Village Council of the. Village of New Hope, Minnesota on th.e' 2'3,rd day of March, 1970. Mayor AtteSt:: . ' C lZe r't~- Tr e asure r (Published in the NeW Hope-P!Ymouth Post ,~,,.,.z ~ , 1970'.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ; SS. -E.-' C~Io~H~rau~ being duly sw~, on ~th says he is and during ~! ~he tim~ ~rein s~ted has been the ~of The Post Publishing Co., publisher and printer oi the newspaper known as '7.~'~.~ /~Z ~./ THE NEW HOPE-PLYMOUTH POST ~d h~ full knowle~e of the [acts herein stated as {ollows: (1) Said newspaper is printed in the English language in newspaper format and in column ~d ~eet form equlv~ent in printed space ~ at least 900 square inches. (2) Said newspaper is a weekly and is distributed at le~t once each week. (3) Said new~aper has 5~% of its news columns devoted to ~ews of 1~1 in(erst to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely o{ patents, plate matter and advertisements. (4) S~id newspaper is circulated in and n~r the municipality which it purports to serve, c~ies regularly ~llvered to paying sub~ribers, has an averse of at least 75% of its tot~ circulation currently ~id or no more than three months in arrears and~ has ent~ as second-class matter in its I~ ~st-office. (5) Said newspaper purports to se~e the Villages of New Hope and Plym~th in the County of Henn~in ~nd it has its known office of issue in the City of C~s~ in smd county, ~tab- llshed and open during its re~lar business hours .for the gathering o[ news, sale of adve~isements and s~e of subscriptions and maintained by the managing officer o{ said newspaper or persons in its employ and subj,( to ~s dlr~tion and ~ntrol during all such re~lar ~urs and at which time sai~ newspaper is printed. (6) ~d newspaper files a copy of each issue immediately with the State Historical S~iety. (~) S~d uew~p~ has complied wi~ all the foregoing conditions for at least two ye~s preceding the ~y or dates o[ publi~tlon mentioned below. (8) Said newspaper has flied with the Secre~ry of S~te of Minnesota pdor to January 1, 1966 and each January 1 thereafter an affidavit in 'the form prescribed by ~e Secre~ry of S~te and signed by the m~aglng officer of said newspaper and sworn to before a hotly public stating that ~e newspaper is a legal news~per. .... ...... ........ ...... .... ........... 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. A...succ~ssive weeks; that it was first , Publish~ o,..f~-. ;', .'..'.+Xd~~i .... ' ............. the..,Z. .... day of. ¢~.(y ..... 19.~? ~d w~ thereaf~r p~nted and ~Hsbed on every .......................... to ~d includins ~e .......... day o~ .......................... 19 .... and that ~e following is a printed ~py of the lower case alphabet from A to Z, both inclusive, and is hereby acknowl~ged as being the size and kind of type used in the composition and publication of said notice, to wit: Subscribed and sworn to~ before abcdefghllklrnnopqrstuvwxyz--6 pt. News Text abcdefghljklmnopqrstuvwxyz--& pt. Vogue me this ..... ~.~'. .............. day of. .......... A.D.. 19..~ (NOTARIAL SEAL) Notary Public,. ....................... County, Minnesota My Cmnmission Expires ......................... 19 ...... NANCE NO..' '70 -~ AN ORDINANCE AMENDING SECTI.ON 2;.173 'OF THE VILLAGE CODE RELATING .TO PERSONS 'CHARGED . IN I,TH E N FO R CE MENT. ' ' The Village Council of the Village of New Hope ordains: 'Se'ct'ion 1. amended to-read: "2~. 73 Section 2,.73 of the Village Code is 'FI'R'E MA'RSH~L A'ND' 'FIRE' I'NS'P'E'C'T'OR. The office of Fire Marshal may be held' by the Chief or by the Assi:stant . Chief, if the Council by resolution approves. The' Fire Marshal and the Fire Inspector shall be charged with the enforcement of all 'ordi- nances aimed at fire 'prevention. THey shall have full authority to inspect all premises and to cause-the removal or abatement of all fire hazards."' 'Se'Ct'ion 2. This-Ordinance shall be in full force and effect from'and after its passgge and publication. Pass:ed by.the Village Council of the Village'of New Hope this ~ '/~' day of' ~,i/' , ~/,970. ~~~. //~ . ./ ./~/- Mayor .... Att.est':i ' ,, '"" ' C~-Treasu'rer (P.ubli'sh:ed in the NeW Hope-PlYmouth PoSt' one//~''/ a~ , 1970). THE I~IEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION . OIIOINANCE NO. 70.7 AN 2~73i mouth STATE OF MINNESOTA ~ COUNTY OF HENNEPIN ; SS. ~. C. L'::~i-a~, being duly sworn, on oath says he is and during all the times herein stated has been the ~ of The Post Publishing Co., publisher and printer of the newspaper known as 'has ~ull knowlc~/f~'~d'~k~dg THE NEW HOPE-PLYMOUTH POST and e 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% o.f its news coh~mns 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 $00 copies regularly d~livered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears audi has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hears 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 (lir~tiou 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 Soczety. (?) 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 preserlbed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stat/ng that the newspaper is a legal newspaper. He further states on oath that the prlnted...~.~.~~7....~......?..~..'~..~, ............. hereto attarched as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Eng~h language, once each week, for..../..aucces~ive weeks' that it 19.?..~ and was thereafter printed/~'and published on every .......................... ~/ to and including the .......... day of .......................... Ii) .... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz~6 pt. News Text abcdefghiiklmnopqrsfuvwxyz--6 pt. Vogue Subscribed and swo~o before me ~.,-'~.~ d of~-- ~~'~1~/ A., 19..~..~. ===================== (NOTARIAL SEALy Notary Public, ........................ County, Minnesota My Commission Expires ......................... 1~ ...... ORDINANCE' NO. 70,.-~' AN. ORDINANCE AMENDING SECTIONS '4.105 AND 4.104 RELATING TO. CHANGES IN THE ~BTAIL BUSINESS' DISTRICT AND THE 'LIMITED BUSINESS' DISTRICT The ViiIage Council of the Village of NeWHope ordains: SeCti:on 1. Section 4.10'S of the Village Code is amended by the 'add'ition of the following: "(17) That part of L~ot .36, Auditor's Subdivi- sion Number 22.6, Hennepin County, Minnesota descr'ibed as fo:llows:~Beginning at the' Northwest corner of said LOt 3'6; thence South along the West line of said Lot 36 a distance of 975.28,fee't; thence East' perpendicular to said West' if. ne a distance 'of 49.0.59 feet, more or less)to the'Bast line of said Lot 3'6; thence North along said East line to the North.east corner of said Lot 3'6; thence West' along said North line to the point · of beginhing; except 'the North 672: feet thereOf. And also except' roads." S'ec:tion 2. Paragraph Number 10 of Section 4.104 of the Village Code is' amended to' read as follows :' "(i0) That 'part of Lot '36~ Auditor,s Subdivision Number' 226, Hennepin County, Minnesota lying South of a line 'drawk fr'om a point on tke'!-West line of said Lot 36 distant 975.28 feet SoUth of the Northwest corner thereof; thence East' perpendicular to said West line, a distance of 4~0.~59 feet, more or less,_ toga point-on the East Iine of said Lot 36, except that part beginning at a point in the West line of said Lot 56 distant 1025..28 feet South 'of the Northwest corner of said lot; thence East at right angles to said West line, a distance' of 206.63 feet; thence at a right angle South to the Nort.herly~ right-of-way line of County Road No.. 1'0'; thence Westerly along said Northerly rightS'of wa~ line to the' West line of Said LOt 36'; thence North along said West line of said Lot 36 to the'point of beginning." Se'c:t'ilon 3. This 'ordinance shall be. in full fo.r.ce and effect. {from 'and afte.r its pass'a'ge and publication. Pass'e'd by ~h.e. Village Council of the Village of New Hope, Minnes.~ta, the ~ day bf' '~/~-~i.' il . . , 1,970'~.~ × c~ MRyor Att.e'.St" ~~~_~i ~ ' ~ ~L~'R-'Tr.e as'ure r (P~blish'ed in the ,Ne~ Hope-Plymouth Post' .) - 2' ' THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~ SS. · . , being duly sworn, on oath says he is and during all the times herein stated has been the P-r-esi~at of The Post Publishing Co., publisher aud 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% 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) S~id newspaper is circulated iu and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears aud~ has entry ss second-class matter in its local post-office. (5) Said newspaper purports to serve the ¥illages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newapaper or persons in its employ and subject to his dlroctlon and control during all such regular hours and at which time said. newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper bas 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 tl~e newspaper is a legal newspaper, He fur, her 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 th~__En~/~sh language, once each week, for...d~ccesslve --eks; that it was 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 incluslve, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. News Text abcdefghijklmnopqrstuYwxyz--& pt. Vogue Subscribed and~ to before o~ me thls.....~.... · .~... ......... day .............. A.D., Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... ORDINANCE NO. 70~.9 AN ORDINANCE ADDING SECTIONS 12.20 THROUGH 12..38 TO THE VILLAGE CODE RELATING TO. REGULATION OF WEAPONS The Village Council of the. Village of New Hope ordains: Section 1. Chapter .12 of the Village Code is amended by adding~-i~%~%b- Sections 12.20 through 12..38 to read as follows': ' "12..21. D'efinitions. Terms used in. this ordinance, unless expressly defined, shall have the meanings prescribed by the Statutes of the State of Minnesota for the same terms. Subd. (2.) Specific Terms. The following terms shall have the followingmeanings: (a) UPerson" shall mean any natural individual, firm, partnership, trust, estate, club, association or corporation. As applied to partnerships or associations, the' word includes the partners or members thereof, as applied to' corporations it includes the officers, agents, or employees thereof wh° are responsible for the act referred to.. The singular includes the plural, and the plural includes the singular. The masculine gender includes the femifline gender. (b.) "Firearm" shall mean any lethal bar-. relied' weapon of any description from which a projectile or o.ther missile can be. di's- char. ged by the action of an explosive or compressed gas~ or the igniting of flammable or explosive substances'; excluding, however, any pneumatic gun~ powder-activa~e-d tool, spring gun, or B-B gun which expels a single globular' projectile ho~ exceeding .18 inch in diameter. (c) "Long. gun" shall mean a rifle, shotgun or similar gun not'des.igned to be fired from the hand. (d) "Hand .gun" shall mean any firearm desi'gned to.-be fired 'from .the hand. (e). "Possession" shall mean to have on · or about one'S person, or the 'area within one's 'immediate control and 'from within which lone might' gain control of'a firearm. The term "posseSsion" shall not apply to keeping, carrying, or having in custody a handgun: at 'or in the house' or building o'c- Cupied by the Person as his dwelling place,' together with the land on which it' is situated, or (ii) in the trunk of a motor vehicle, when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the motor vehicle is not equipped with a trunk. A utility compartment or glove, compartment shall be deemed to' be Within the area occupied by the driver and passengers. 12.22 Permit ReqUired for Handguns. It shall be unlawful for any person to have in his possession in this Village, any handgun without first :ob- taining a permit th. eref0r issued, in. compliance With the provisions of this 'ordinance. 12..23. App'li:Cation for Permit. Applicants for permits under this ordinance shall file with the Chief of Police, on a form to be provided by the Vil'lage, a sworn application in writing. The appli- cation shall include the following information and material: (!) Name, social security number, address,' and telephone nUmber of the applicant. ('2.) The applicant's citizenship and age. (.3) Place and nature .of employment. (4.). A statement whether the applicant has · ever been convicted in any jurisdiction of a crime punishable by imprisonment, for more than one Year. (5) A statement whether the applicant has .ever been adjudged bY any 'court of Competent juris- diction to be kn alcoholic, a narcotics addict,, or -2-' mentally incompetent, or has been medically treated therefor. If the applican-t has ever been so adjudged or 'treated, a physician's certification, issued within 30 days of the date of application, that the applicant no longer suffers from any such disability shall accompany the application. (6.) A photograph of the applicant, taken within sixt~ days' immediately prior to the date of filing of the application, which shall be 2" by 2".showing the head and shoulders of the appli- cant zn a clear and distinguishing manner. (7) The completion of fingerprints by the New Hope Police Department. 12.24 (8) Such other information as the Chief of Police shall find .reasonably necessary to effectuate the purpose of this :ordinance and to arrive at a fair determination of whether the terms of this ~ordinance have been complied with. Application Fee. An application fee in the amount of Fifty Dollars ($50.00.) shall accompany each application filed under this section. Upon the issuance of a permit, such fee .shall constitute the permit fee. No fee shall be returned if the application is denied. 12.25 Iiives:t'igation: ,Approval an'd IssUance 'of P'er~it. Subd. (1) Inves't:igat~ion. Upon receipt of an application for a handgun permit as provided for herein, the Chief of Police shall cause an investigation to be made of the. applicant's responsibility and moral character. Subd. (2) Appypxa.1,. The Chief of Police shall approve the appli- cation if he finds: (i) That the applicant has not been convicted in any jurisdiction for assault 'or of a crime punishable by imprisonment for more than one year; (.2.) That.the applicant is.at least 21 years of age; (3) That the applicant is 'a citizen of the United State:s: -3- 12.26 (4) That the applicant has not b.een adjudged by any Court of competent jurisdicti'on to be an alcoholic, a narcotics'addict, or mentally incompetent, and that he has not been medically treated therefor, unless there is furnished a physician's certification as provided in Section 12.23 hereof that :the applicant no longer suffers from such disability. (5.) That the applicant has not been convicted of any offense, e.xclud- ing traffic offenses, involving the -. applicant's use. of hallucinatbry chemi~ cals, narcotics, or any other drFg. (6.) That the applicant is not otkerwi.se ineligible to own or possess any. firearm under the 'laws of the State of Minnesota, or the United States. Subd. (5) Issuance. Upon completion of an investigation by. the Ch. ief of Police and within '30 days' after receipt of an application and fee filed pursuant'~to the provisions herein, the Chief of Police shall issue the' permit or shall notify the applicant by written order of the denial of his application and the reasons therefor. Period of .Permit and'Renewal 'ProCedure. Subd. (1) PeriOd Of Permit, Any permit or renewal permit issued hereunder shall be effective as of the date of its issuance and shall :expire the follow-.. ing December 3is't. . Subd. ('2) Renewal Procedure. An applicant for a renewal permit .shall file with the Chief Of Police a written appl'i- cation upon forms provided by the' Village~ s~gned and sworn to in the same manner required in the case of an original application, t'o- geLher with a fee of'Ten Dollars ($!0.00).. The application shall contain such information about the appli'cant~s conduct and his operation and handling of handguns :during tke preceding license pe~.iod as ms reasonably necessary to enable the Chief of Police to determine the applicant's el..igibility for a renewal license. No permit issued under this ordinance shall be transferred or assigned or used by any person other than the one to whom it is issued. 12 ..28. Exhi'bition o,£~ permit. Any person within this Village carrying or having in his possession or under his custody or contr.ol 'any handgun, shall have on his person or within his immediate custody a permit issued here- under, .which shall be exhibited for Inspection to any member of the 'Police Department or to any peace officer~upon demand.' Failure of any such person to so eXhibit his permit shall be presumptive evi- dence that he is not .duly authorized to posse'ss a handgun and shall be cause for the r~vocation of any permit issued under this ordinance. 12.29. ~eyp]c~at~io[n[ a~nd_ SLsp?n~s[i_oF. Subd. (1) Determination. A handgun permit issued hereunder shall be revoked or suspended by the Chief of Police whenever he determines 'that the public interest so requires and when it is 'found, after due investigation, that: (1) The permitee breaches any condition upon which his permit was issued, or fails to comply with the provisions of this ordinance; or (.2.) The. permitee has obtained his permit through any fraud or mis- statement; or (S) The permitee has used a handgun in an unlawful manner,. Subd. (2). ~ Writt'en Order. Upon a determination by the iChief of Police that a handgun permit should be revoked - S' - or suspended, a written order iof reVocation or suspension setting forth the ireason or reasons tk~refor shall be issued by the Chief of Police and served upon the permitee. 12 ..3i ' He~ari~g _onI Denial ,' Rev.oCation, or iSusp~ensi~on ~f '~P-eTr',mi"t;)'Cot/r~t R'elVii'ew Subd. (Z.) 'Hearing. Any person aggrieved by an order of the Chief of Police denying, revoking, or suspending a handgun permit may file a written request fo~ a he'aring before the New Hope Council, within ten (10) days after the issuance of such order. The Council shall give notice of a hearing upon this request to be.' held in not less :than ~ive (5) days after service of the notice on the person .request- ing the hearing. The Council shall also give notice of the hearing to other persons directly' inte:rest'ed in the order' in question. At such hearing, the Council shall determine whether the denial, rove'ca- tion, or suspension of the permit was in accordance with the provisions of this ordinance and shall issue a written findings of fact, conclusions 'of law and an order to carry out its findings 'and conclusions. These' findings of fact, conclusions of law, and order shall be se:rved by the Council upon all parties appearing or represented at said hearing. Subd. (2.)~ Court' Review. 12 ..32 Any person aggrieved by an order issued by the Council pursuant to the pr. ovisions of this Section may, at any time within thirty (30). days after 'the issuance of such an order, file an appeal with the District Court-in .accordance with appli- cable provisions 'of law. Disposi:t'ion of Fi're:arms. Subd. (1) Diispo'si:tion. Any handgun se'ized from persons viola.ti.n.g the provisions of this ordinance shall remain in the. custody of the Chief of Police until final disposition of the violation. Upon conviction of violating any of the provisions 'of .this ordinance, the handgun shall be disposed of pursuant to Section 12...3 ?. -'6- 12.~5 12 Con'c~e~l e'd. :WeaP OhS. Subd. (i.) · '_C'~. ~.r?yli.n_g C..o~c?.a.l?.d~ .'_W.?i.app_n?..- No person shall we:ar under his clothes-or conceal about his person, or display in a threatening manner, any firearm, s~itchb'lade-.sp'ringblade 'knife, push:button knife or any knife with a d'e- vice whereby the blade or blades can be opened by the flick of a bUtton, pressure on the handle or other mechanical contri- vance, blackjack~ sandcl'ub, pipeclub, chainclub or metal knuckles. The prohibition of this section shall not be. construed to' prohibit a person issued a permit under this' 'ordinance from carryi.ng or wearing a concealed handgun, nor any person who' is a non-resident of this Vill.age who is the holder 'of a permit to carry a concealed lire'arm upon his person or in his vehicle, provided that 'such permit was 'duly and properly issued by the. city or village of his residence and provided such city or village be situated in the State of Minnesota and has an ordinance or regulation identical, similar, or more restrict'ire in nature to the provisions 'of this 'ordinance. 'Rest~ricti'ons and Prohibiti'ons. Subd. (1.) .ci.a~Kr?i.ng -Fi..rear ms..' It shall' be unlawful, for any person to. have in his possession out-of-do.ors. 'or to'. · transport, in. a motor 'vehicle within the" gill.age any long 'gun, unless unloaded and contained in ai ghn case or unloaded and broken down. Subd. (2.). ' 'EXcePtions. The provisions ~of this :se:c'.tion shall not be'applicable to private persons whlo have a duly' issued permit for a handgun under this 'ordinance, who are irequired bY'their occu'~ation to'have in their possession or to 12'..,3S .transport,. any -long gun, and this exception ms. noted on th.e:i~ handgun permit. The Chief of Police shall note. on a permit :"LOaded long 'gun authorized,. For purposes 'of this ordinance, a long gun so pos.s'e~ss-ed 'or tr.ans- ported in such. "~i~cumst'ances skall be. deemed a "handgun, and subj~ect to all th:e pr.ovisions of'~.thi§ ordinance. Also, '.the' pr.ovisions :of this section shall not be applicable 'to any person who is a non-resident of this Vi.ll.~ge who' is 'the holder of a permit to carry a fire'arm upon his person or in his. vehicle~ provided that .such permit was duly and properly issued by th'e city or viii'age of his residence and provided such cit~ or village be situated in the' State of Minnesota and has an ordinance or regulation identical, similar, or more restrictive .in nature to tke provisions of this ordinance. Subd. (5) False Information. It shall be unlawful for any person, ~pp.l¥i~g for any permit under this 'ordinance · n g~v~ng any information pursuant to the requirements of this ordinance~ to give false information or Offer false: e~.idence of his idantity.. Pets'ohs BxeF~t. The provisions of this ordinance sh'a11 not apply to th.e possession of or transp'ortation by: (1) (Z) Any member of the Armed Forces of the United State's-or of .t~e National Guard wken on dut¥~ Any officer, agent or employee of this Village, the State of Minnesota or the 'Federal Government ~ho is authorized to carry a firearm and wko is carrying a firearm in the per- fo'finance of his official authorized function's; and 12.36 12 .~37 (3.) Any law enforcement officers 'employed by governmental 'agencies 'outside the sta~e of Minnesota who are engaged in their official duties, proviSed they have first notified the Chief of Police. (4.) Any member of a military or veteran's organization who is and while lawfully engaged in regulated activities of the organization, including parades, military~ funerals, or'other public events. Stppp. i'n.g o'f Persons and Searching for We'apon.s.. A l~olice Officer' may stop any person abroad in a public place whom he reasonably suspects 'is committing, has committed or is 'about to commit a felony or any crime or offense involving the use of a weapon of any kind, and may demand of him his name, address, and' an explanation of his actions. ~h. ena Police 'Officer has stopped a person for questioning pursuant to this section and reasonably suspects that he or anyone else is in danger of life or limb, he' may search such person for a dangerous weapon. If a Police Officer finds suck a weapon or any other' thing the possession of which may con- stitute a crime, 'or offense, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully posse's- sed, or arrest such person. 'Penal'ties. Any person violating any provisions of this ordinance may be guilty Of a misdemeanor, and upon conviction thereof shall be. punished by a fine not to exceed $30'0:00 or by imprisonment for a period not to exceed 90 days, or both. In addition to the penalties prescribed above, the firearm or firearms of any person'convicted of violating any of the provisions Of this ordinance shall be conviscated if such firearm or firearms were in possession of the person at the time of the violation." Section 2. This ordinance shall take effect and -9- be in force from and after its pass.age and publication. Passed bY th'e ¥illa'ge. iCqUncil of th,..~Village NeW Hope, Minnesota,. tki's''~ ~ ~ day of' · 1970I.. .... . . .., ~q~/~k-:Tre asure r (Published in the' iNeW Hope-PlYmoutk. Post · ORDINANCE NO. 70-9 AN ORDINANCE ADDING SECTIONS 12.20 THROUGH 12.38 TO THE VILLAGE CODE RELATING TO REGULATIONS OF WEAPONS Village of New Hope. Minnesofe The Village Council of the Village of New Hope ordains: - Section 1. Chapter I~. of the Village Cr'y is amended by adding thereto ~ s 12,20 through 12.38 to read "12.21 D~finilions, Subd. (1) General Terms. Terms used in this ordinance, unless expressly dofined~ shall have the meanings prescribed by the Stat- utes of the State of Minnesota for the Subd. (2) Specific Terr~. The following terY~$ shall have the following meanly: (a) "Person'S ~ mean ~ natural individual, .~firm, partner. ship, trust, estate, club, associa- tion or corporation. As applied to partnerships or associations, the word includes thopartners or mem- bers thereof, as. applied to corpo- rations it includes the officers, agents, or employees thereof who are responsible for the act re- ferred to. The singular includes the plural, and the plural includes the singular. The masculine gender includes the feminine gender. (b) "Flrearm' shall mean any lethal barrelled weapon of any dee- cription from which a projectile or other missile can be discharged by the action of an explosive or compressed gas, or the igniting of flammable or explosive sub- pneumatic gun, powder-activated tool, sprin~ gun, or B-B ~ul which expels a single globular projectile not exceeding .18 inch in diameter. (c) "Long gun" shall mean a rifle, shotgun or similar gun not designed to be fired from tho hand, (d) "Hand gun" shall mean any firearm designed to be fired from ~ hand. ~) "Possession*' shall mean to the area within one*s immediate control and from within which one might gain control of a firearm. The te~m 'l~ssession'' shall not apply tO. keeping, carryil~, or havin~ in c/lstody a hand.n: (i) at or in the house orbuildin~ occupied by the person as his dwelling place, to~ether with the land on which it is situ- ated, or (ii) in the trunk of a motor ve- hicle, when such vehicle is equipped with atrunk, or kept in some other area of the pied by the driver or pas- sengere if the motor vehicle is not equipped with a trunk. A utility "compartment or glove c'ompartmen~ shall be deemed tO b~!tlgn thearea. occupied ~ The driver and 12.22 Permit Required for Handguns, It shall be unlawful for any person to have in his possession in this Vii- :]age, any handgun without first 0btaln- ln.g a permit therefor issued in com- pliance with the provisions of this 12.23 Application for Permit. APplicants for permits under this ordinance shall file with the ~Chiof of Police, on a form to be provided by the village, a sworn application in writ- ingo The application shah include the following information and material: (1) Name, social security num- ber, address, and telephone number of the applicant. . (2) The applicant's citizenship and age. (3) Place and nature of employ- (4) A statement whether the ap- plicant has ever been convicted in any jurisdiction of a crime punish. able by imprisonment for more than (5) A statement whether the ap- plicant has ever been adjudged by for a renewal license. 12.29 Permit Not Trau~erable, No permit ism,-" undee this or- dinance shall ho ~raasferred or signed or used by anyPersouothor then the one to whom 1~ is issued. 12.28 Exhibition of Permit. Any person within this Village car. rytug er having in his possession or under his custody or control any hond- _gun, shall have on his person or within his immediate custody a permit issued hereunder, which shall be exhibitedfor inopect~ to any member of thePolice Department or to any peace officer u~on d, maud. Failure of any such person to so exhibit his permit shall be presumptive evidence that he is not duly authorized to Possess a hand. gun and shall be cause for the re- vocation of any permit issued under this ordinance. 12.29 Revocatiou and Suspension. Subd* (I) Determination. A handgun permit issued here- under shall be revoked or suspended by the Chief of Police whenever he determines, that the public interest so requires and when it is found, after due investigation, that: (1) The permil~e b{machea anycon. dition upon which his permit was issued, or fails to comply with the provisions of this or- dJrm. uce; or (2) The permilee has obtained his permit through any fraud or mis- statement; or ($) The permitee has used a Subd. (2) Written Order. Upon a determination by the Chief of Police that a handgun permit should be revoked or sus- pended, a written order of revoca- tion or suspension setting forth the reason or reasons therefor shallbe issued by the Chief of Police and served upon the permitee. 12.$1 Hearing on Denial, Revocation, or Suspension of Permit: Court Review° Subd. (1) Hearibg. of life or per~ou a PoUce wMch may~ c~l~ a crime, or offease, ho may take and ~ il ~fl ~e co~l~on ~ ~e ~ t~, st ~cgt~e~~ r~ it, ff h~~ ~PE-PLYMOUTH POST I~3~ p~. sl~' ~ t~s or--ce may ~ ~ ~ / ~ a m~dem~r, ~d~c~c.. tion ther~ s~ ~ p~h~ ~ a f~e ~ to ~c~d $3~.~ or~- ~ preempt for a per~ n~ ~ e~ ce~ ~ ~ys~ or ~ h ad~tion ~ c~ a~ve, ~e ~ or f~ ams ~ ~y ~rson c~ct~ ~ ~. oh~ ~y ~ the p~ ~ t~ erie s~ ~ c~cat~ ~. such ~e~ or f~s ~re ~ 's he is and du~ng all ~e tim~ herein stated has been ~sse~lon ~ ~ ~rson st~et~e her and printer oi the newspaper known as ~ the ~oh~o~" ..... OPE-PLYMOUTH POST ~ ~on ~. T~s O~ces~e i as follows: ~t ~d ~ ~ fo~e f~m ~ ~er ~lish language in he.paper format and in column ~d its ~s~ and~bHca~ :asr 900 square ~ches. (2) Said newspaper is a weekly Pans~ ~ ~ V~ C~H ~ ~aid new~paper has 50% o,i its news coI~mns devoted to the V~e ~ New H~ M~e~ ~h it purports to serve and does not wholly duplica~ ~ ~ ~Y ~ Novem~r, 1~0. ttirely of patents, plate matter and advertisement. (4) /~E~rd J. Eric~ auniclpality which it purports to serve, h~ at le~t 5~ Mayor has an average of at least 75% oi its tot~ circulation Attest: /s/B~ P~ arrears and~ has entry as second-class matter in its l~al Clerk-~ar ~ the (~b~hed ~ ~e New H~P~. %w Hope and Plym~th mo~ p~ Novem~r 26~ ~9T0.) ~ffice ~f issue in the City of Cryst~ in said c~nty, estab. ,or the gathering of news, sale of advertisements ~d s~e ~cer of said newspaper or persons in its employ and subj~t ......................... ~ .......... .~lar ~rs and at which time sai~ newspaper is prlnted. newspaper files a copy of each issue immediately with the S~te Historical S~ety. (~) S~d ~s complied wi~ all the foregoing conditions for at least two years preceding the ~y or ~ubllcation mentioned below. (8) Said newspaper has fil~ with the Secretary of State prior to ~anuary l, 196~ and e~h ~anua~ i thereafter an af/ida~t~ in the form prescribed cr~ry of S~te and signed by the managing officer of said ne~aper and sworn to before ,ubllc stating that ~e newspaper is a le~ newspaper. s~tes on oath t~t ~e prlnt~.~~..~:..~.~. .............. lng, revoking, or suspendinga hand. gun permit may file a written re- quest for a heart~ before the New Hope Cooncil~ witht~ ton (10) days after the issuance of such order. Tho Council shall ~ive notice of a hoa.rin~ upon this request to be held in not less. than five (5) days after service of the notice on the person requesting the hearing. The Council shall also ~tve notice of the hearh~ · to other persons directly interested in the order in qunstiom At such hearing, the Council slufll determine whether the de~isl, revocation, or suspension of the permit was in accordance with the provisions of this ordinance and shall issue a written findings of fact, conclu- sions of law and an Order to carry out its findings and conclusions. ~'~ese findings of fact, conclusions la~, and order shall ho served y th~ Cooncil upon all parties pearlnt or represented at said hear. Subd. (2) ~,ou~t Review. Any person a~rieved by an order of the Chief of Police deny. *ched as a part hereof was cut from the columns of said newspaper, and was printed and therein in the E~llsh language, once each week, for.,.z~...su.9~esslve weeks; that it was ,h,i,h ............... of :1 was thereafter printed and published on every ........................ to and including ...day of .......................... 19 .... and that the following is a printed copy of the alphabet from A to Z, both incluslve, and is hereby acknowledged as being the size and pc used in the composition and publication of said notice, to wit: abcdefghijklmno{xtrstuv~xyz--6 pt. News Text abcdefghiiklmnopqrstuYwxyz--& pt. Vogue .Any. pi.sen aggrieved by an oruer xssuechy the Council pursuant to. the pr. ?vlsio~ of tkis Section may, at any time wit,~n iht o~+e. t~ · .... rty (30) days and swoFn ~ before fll ........ °"~f such anorder, . in accoreance yarn a~licable pro..~.: ~.~ ............... aay 12.32 Disposition of Flrearb, .~// Any ~ s~ed f~o~ pog ~~..~ ............... sous violating the provisions m'~hin // // ord~ce sh.U r~n,~ in the cue- ~ SEA'.~ tody of the Chief of Police until ~L SEAL)L/ final disposition ~f the violation. Upon conviction of violating any of bite,. ....................... County, Minnesota the provisions of this ordinance, the handgun shah be disposed of pursuant toSectionl2.$'/, lesion Expire~ ......................... iV ...... 12.85 Concealed Weapons. Subd. (1) Carrying Concealed Wea- No person shall wear under his or display in a thr~stening manner, any firearm, switchblade-spring- l~T¥ any court of competent jurisdiction blade knife, pushbttton knife '- to b~ an alcoholic, a narcotics ad. knife withadevicevherebythoblade c ..... or bhdus c~ be o~ed bY the~ck ~, ~ t, or me~t~ mcom~e~-or..: ,~ - ~ %~ for ~ ~eaDVlic~t ~ ~r B~n Or othe~m~c~C~/~ntri~ce, .... bhc~ack, san~lub, ORDINANCE NO. 70-10 AN ORDINANCE FURTHER AMENDING SECTIONS 3.50, SUBDIVISION (1), (12) AND (l&) RELATING TO CONSTRUCTION OF ~3LTIPLE DWELLINGS THE VILLAGE COUNCIL of the Village of New Hope ordains: Secti~B 1. Section 3.50, Subdivision (1) of the Village Code is amended to read: Subd. (1) Dead-Latch or Dead Lock Bolts. Exit doors of each living unit, storage and utility room shall be equipped with a lock that has either a dead-latching or dead-locking bolt, provided, however, that it shall be openable from the inside without the use of a key or any special knowledge or effort. Sgc.tion .2. Section 3.50, Subdivision (12), Paragraph 1 of the Village Code is amended to read: (l] _C0mp!ian~ce pat.e .for NonrC0nfo~E Building - - Automatic Fi~e D. et. ec.t..or and Alarm Systems. (i) Three and Four-unit Buildings. All existing uses or buildings and buildings now under construction of three or four living units, in non-conformity herewith, shall be corrected, converted, modified, adjusted or otherwise made to comply, with the above requirements not later than June 30, 1975. (ii) _Other Multiple .Dwel..lin~s. All existing uses or buildings and buildings now under construction, containing five or more living units, in non-conformity herewith, shall be corrected, converted, modified, adjusted, or otherwise made to comply with the above requirements not later than 90 days after passage and publication of this ordinance, provided however, that the Council shall have power pursuant to Section 3.5& of this Code, to grant adjustments on the time of compliance as to all or part of the work but no adjustment shall be granted postponing the time of com- pliance beyond June 30, 1975. The Council may impose conditions in the granting of adjustments to insur~ minimum standards of safety. ~ec~ion,,3. Section 3.50 Subdivision (14) of the Village Code is amended to read: Subd. (14) Application to Exis.ting. Build~. All existing buildings shall comply with the provisions of Section 3.50, except that they shall be exempt from: (i) Installation of cable in conduit as other- wise required by Subdivision 12 (D)(1) entitled "Wire." (ii) The requirements of Subdivision 12 (D)(7) entitled "Annunciators.,' (iii) The requirements of Subdivision 12 (D)(8) entitled "Automatic Magnetic Door Holders." ~ection ~. Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or ar~v part thereof, other than the part so declared to be invalid. Section ~. This ordinance shall be in full force and effe~% from and after its passage and publication. Passed by the Village Council of the Village of New Hope this 22nd day of June , 1970. Attest: ~. ./') /4s/- Edward _x~Y/Erick~0D ,,, ~SI ~B~ttv Pou] ~Qt , Clerk-Treasurer Published in New Hope-Plymouth Post Jul~..2nd _,~ , 1970. -2- TIOH OF I O) B~{~o~,~ {1) Dead-Latch or Dead Lock EXR doOrs of each livin~nit~ storage .~and untili{y '~0om ~halL. ~. equip~d-:.~th a lock ~a~ had, eider; a dead:l~ching or dead-i~kin~ .~lt, p/ovided, :howe~er;. thai it s~ll ~ o~le~ ~!~om the instde:~ith&ut 'the use of a~'y or a~ny s~t knowledge or ~ort. Section 2. Sectio~3.50, ~ivision (12), ~ragraph i of.the VillageC~e< (1) Compliauce~ .~te for Non-Con, forming Building -- Autpmatic Fire Detec~r and Alarm Systems; ti) Three and F0ur-unit~Hdi~s. All e~isttng u~s or ~.ildings now un~r const~ctton of three or four living unitsl in conformity =herewi~, s~ll ~' " corrected, con~rted, ~odl(~d~ ~ tadjus~d or o~e~i~ made to i0mply, with t~ aboVe're~ire- merits not lair than June ~0, ~,~ -, 1975, .. (ii) Other Multiple ~elIlggs. All existing u~s gr aha buildings now under con- ~mction, eontainin& five or mor~ living unit~ In nOn-COn- fortuity herewith, s~ll ~ cor- r e c ~e d, conve~d~' m~ifled, adjusted, or othe~l~ made to comply with' the a~ve require, , m~s not l~ter 'than' ~ 'da~s ~ after passage and ~gttcati~a ~ of this ordinate, provided how~ ~i ever, that the C0un~ll shall h~& -i ~wer put,ant ~o SectiOn of' this Code, t0 gr~t adjust- ~ merits on the timeofc~mpliance as to all or ~art ot the workbut l no adjustment' s~ll ~ ~nted ~st~ning, ~e time of corn- '; l~lance beyond ~u~ ~, ~. ~'~e Council may im~ c~- ~ , dltio~ In the 'g~nt~,of ad- a justments ~ in~re m i n i m u m ?, stan~rds of sa~e.ty. . Section 3. ~ction 3.60 Subdivision ~ 04) of the Village' ~e is ameaded~ {o read: ' ~. (14) ApPlicatt°n to E~isting ~ Buildings. All existfng buildings s~ll comply ~ with the provisions of Section 3.50, ~i except that ~ey s~ll ~ exempt fr~: (ii Ins~llation oi cable in conduit ~- as othe~ise requital' by Sub~ ~ division 12 (D) (1) entitled -Wi~." (it) ~e requirement~s o~ Su~tvt- ~on ~2 (D) (7)entitled"An- (itt) ~e sion 12 entitled "Auto- ~tic Magnetic ~r Holders." Section 4. Should any ~ctton, clau~ or provision of this Ord~ce ~ de- ~ cl~r~ by the courts ~ ~ ingalid~ ~e , ~e shall hot affect ~e validity of the '~ ther~f, other t~n the ~r~ ~d~lared ~ to ~ invalid. ~ ~c~O~ 5. ~is ordt~e shall tn ~1t iorce: and effect ~om and after[ Its ~s~e and publtcat~n~ THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA [ SS. COUNTY OF HENNEPIN ,Ey-C;--L--~I-Ieram~, being duly sworn, on oath says he is and during all the times herein stated has been the Piwsidm'rc of The Post Publishing Co., publisher and printer of the newspaper kuown as TIlE NEW HOPE-PLYMOUTH POST and has ful{~now~edge 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% 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 -~00 copies regularly delivered to paying subscribers, has an average of at least 75°/0 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 Villages of New 1-1ope and Plymouth in the Colmty of Hennepin and it has its known office o,f issue in the City of Crystal in said county, estab- lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and' subject to his dlre~tion 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 newspnper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed. ~~ '.~..~.~...~-..~-.../.-~f.).%.~-~-.'7-./-.~- .......... hereto attached as a part hereof was cut from the columns of said ne~vspaper, and was printed and in~c~-~z/, ~the Enj~ish language, once each week, for.../..su~.~essive/~eeks!ffthat.~ ~/ /~/ it was published therein 19..~.~ffand was thereafter printed and p~blished on every .......................... o an ineu lng 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--6 pt. News Text abcdefghliklmnopqrstuvwxyz--6 pt. Vogue Subscribed~ ~---~-/and sw~or'~o before of.A( me this.-.-~f ................. day ............... A.D., 19c..~.'.2t~ ...... tNOTARIAL Notary Public, ........................ County, Minnesota ~ly Cmnmission Expires ........................ 19 ...... BEVERLY J. ttORDAN, NOTARY PB6L~C COUNTY OF HENNEPIN, STATE OF MINNESOTA NW CfI~I~ISSION E~;'¢' ::' ' '~h, 197~ ORDINANCE NO. 70-// AN ORDINANCE ADDING SUBDIVISION (5) TO SECTION 2.01 OF THE VILLAGE CODE RELATING TO MEETINGS VILLAGE OF NEW HOPE, MINNESOTA The Village Council of the Village of New Hope ordains: Section 1. Section 2.01 of the Village Code is hereby amended by adding thereto Subdivision (5) to read as follows: "Subd. (5) INFORMAL MEETING. The Council shall hold an informal meeting each year at a date not later than the last Wednesday prior to the first regular Council meeting of the year. The purpose of the meeting, which shall be open to the public, is to review Council procedure as established by this ordinance and to acquaint the Council members with the appointments required to be made at the first business meeting of the year." Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this /$~ day of ~/~ , 1970. / Attest: CY~~easurer (Published in the New Hope-Plymouth Post on ..~/7 ~ , 1970.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION ~ ~e it the STATE OF MINNESOTA COUHTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and during all Lhe times herein stated has been the President of The Post Publishing Co., pul0lisher and printer of the newspaper known as TIlE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in 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 news~paper has 5'0'% of its news collnmns 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 regu.larly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the ¥illages of New t~/ope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said ~:ounty, estab- llshed and open during its regular huslness hours for the gathering of news, sale of advertise~nents and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and' subject to his dlre~tion and control during all such regular hours and at which time said newspaper is prin~ted. (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 wkh the Secretary of State of .~[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 pnbllc stating that the newspaper is a legal newspaper. He further states on oath that the printed ........................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and / published therein in the English language, once each week, for ...... successive ~.rs; that it was .. day of ............ 7~ 19 ....and wa~ 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 bebag the si~e and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. News Text abcdefghiiklmnopqrsfuvwxyz--6 pt. Vogue Notary Public, ........................ County, Minnesota My Commission Expires .........................1~ ...... ~i~/i?:-,'~~ ~: ~ r~ ~?.;~ J~O!'~'.~¥ ~,. , ~ CO~ISS~O[,: EXP~ES DEC. 11 t h, t 9 7g ORDINANCE NO.. 70'-12 AN ORDINANCE AMENDING SECTION 4..84 OF THE VILLAGE CODE RELATING'TO PROCEDURE ON OBTAINING A ZONING VARIANCE VILLAGE OF NEW HOPE, MINNESOTA The Village Council of the Village of New Hope ordains: 'Section 1. to read: Section 4.84 of the Village Code is amended "A variance from the li.teral provisions of this ordinance may be granted b7 the Board of Appeals 'and Adj us tme.nts under Section 4. 600.' Subd. (1.) Zo'n'ing_'F"orm. A person desiring a variance shall fill o. ut and submit to the Clerk-Treasurer a "Zoning Form", copies of wKich are available at :the Village Hall, together with fee of $1.5'.00. Such'form shall'be .duly s}gned bY the petitioners who shall recite therein, in such'general terms of parti:cularity as the' Planning Commissi'on or Board of Appeals 'and Adjustments may require, the nature of their legal-or equitable interest of the property in question, and the' change de- sired. Notice shall be published and mailed as provided in Section 4.605.. Subd. (2.). Reference to: Board o'f ~ppea'l's a'nd A:~j.-us~-t~:ift~--. : ~ _ The Clerk-'Treas'urer' shall refer the appeal or petition to the Board of Appeals and Adjust- ments and a copy thereof to the Planning Commis- s ion." 'Secti'.on 2. This 'ordinance shall be in full force and effect .from and after its pass'a'ge and publication. Passed by the Village Council of the Village of New Hope this 27th day of July ' ___ , 1970. Attest: ~ 'e -Tre sur ~1 rk a er (Published in the New Hope-Plymouth Post on August 6th , 1.970.) 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 ail 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 newsi)aper is printed in thc English language in new~paper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspsper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% o.f its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of INTew Hope and Plymouth in the County of Hennepln and it has its known office o.f issue in the City of Crystal in said county, estab- lished and open during its regular business hc-urs for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and' subject to his direction and control during all such regular bouts and at which time said, newspaper is printed. (6) Sa~d newspaper files a copy of each issue immediately with the State Historical Society. (?) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said news~paper, and was printed and 1 n / published therein in the E~ilsh anguag~ o ce each week, for....;.~uccessive weeks; that it was 7~ i t d ubhshed o eve l~'~ ..... 19 .... and was thereafter pr'n ed an p ' n ry .......................... 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 compositi,on and publication of said notice, to wit: abcdefghijklmnopqr~tuvwxyz--6 pt. News Text abcdefghijklmnopqrsiuvwxyz--6 pi. ¥ogue (NOTARIAL SEAL) Notary Public,. ....................... County, Minnesota My Commission Expires ......................... 19 ...... BEVERLY J, JORDAN, NOTAPy COUNTY OF HENNEPIN, STATE O~ ORDINANCE NO. 70-]ff AN ORDINANCE AMENDING THE VILLAGE CODE BY ADDING THERETO SECTION 11.03 PROHI- BITING NOISE FROM UNREASONABLE ACCELER- ATION OF MOTOR VEHICLES AND DECLARING SUCH CONDUCT TO BE A PUBLIC NUISANCE The Village Council of the Village of New Hope ordains: Section 1. Chapter 11 of the Village Code is hereby amended by adding thereto the following: "11.03 Unreasonable Acceleration. Subd. (1) Unreasonable Acceleration Prohibited. Unreasonable acceleration by any motor vehicle upon any street, road, parking lot, or driving way, private or public, within the cor- porate limits of the Village of New Hope, as unreasonable acceleration is herein defined, is hereby declared to be a public nuisance and is prohibited. Subd. (2) Unreasonable Acceleration Defined. Unreasonable acceleration of a motor vehicle is hereby defined as acceleration which unneces- sarily breaks traction between a tire or tires and the driving surface, thereby causing a pro- longed squealing or screeching sound by the tires or the unnecessary throwing of sand or gravel by the tire or tires of said vehicle or both. Prima facie evidence of such unreasonable acceleration shall be squealing or screeching sounds by the tire or tires or the unnecessary throwing of sand or gravel by the tire or tires or both. Section 2. Penalty. Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $300 or by imprisonment not to exceed 90 days, or both. Section 3. Effective Date. This ordinance shall be in full force and effect from and after its passage and publi- cation. Passed by the Village Council by the Village of New Hope this iO day of ~j~- .... , 1970. Attest: &~Treasurer (Published in the New Hope-Plymouth Post , 1970.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION · New Hope~Ply. STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and during ail the time~s 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% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears an& has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope a~d Plymouth in the County of Hennepln and it has its known office of issue in the City of Crystal in said county, estab. lished and open during its regular business hc-urs for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular hours and at which time said, newspaper is prin.ted. (6) Said newspaper files a copy of each issue immediately with the State Historlcai Society. (?) S~id newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. .. ,u.,,...,.. o. oa,,..,., ,h, .............. 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..~...st~cessLve weeks; that it was first s~ published on ............... the..C:~...~..., 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 compositi.on and publication of said notice, to wit: abcdefghijklmnopqratuwncyz--6 pt, News Text abcdefghiiklmnopqrstuvwxyz--& pt. Vogue ..... .... Subscribed and swo_rn~to before Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... COUNTY OF HENNEP~N, STATE OF MiNneSOTA ORDINANCE NO. '7'0- lq AN .ORDINANCE AMENDING SECTION .9.04, SUBDIVISION (.7.) AND SECTION 9.13'0 .SUBDIVISION ('2.) 'OF. THE VILLAGE CODE RELATING TO BURNING REGULATIONS. The Village Council of the Village of New Hope ordains: Se:c't~ion 1. Section 9.04, Subdivision (7.) of the Village code, entitled: "Burning Regulations" i$ ~ereby amended by deleting tkere'from clause ~(C) entitled: "Burning Outside of Fire Limits." Se'ctli'on 2. Section 9.103, Subdivision (2.), of .the Village C'°-d-e, e'nt-itled: "Amendments to MPCA Air Pollution Regulations" is hereby, amended by deleting tkere'from clause (B) pertaining to-amendment to. Regulation APC 8 "Open Burning Restrictions", section C. · Sect'ion 3. T~.i's 'ordinance shall be in full 'force and effec-t-~ :f-rom and after its pass.age and publication. Passed..by. the. ca Village. Council' of the Viii.age of New Ho.pe. this :'~.~.... day of'''~~' 'v'~'' ,. 19'70. q~ /~' · ? --"-/~- Mayor AtteSt':'.~~~ ~' fk- Tr.ea.surer (P.ublisked in the NeW Hope-PlYmouth Post ~W~~$~*- ~ , 197~.) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, au oath says he is and during ail ~.he times herein stated has been the President of The Post Publishing Co., publiaher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~,paper format and in column and sheet form equivaient 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 new~paper has 50% of its news colLnmns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears and, has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of 1-Iennepin and it has /ts known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and' subject to his direction and control during all suc.h reg~.lar .h~u. rs and. at which time .said. u~w,spa~.,~r~ is, 7~ri~il (/5) Said newspaper files a copy of each ~ssue nnmedmtely w~th the State H~stonca doc e y. t ) newspaper has complied with ail 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 .~iinnesota prior to ~anuary 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~/.~.~-~..~.- .'-~. '-~.?.' ~-..~. .............. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Enl#sh language, once each week, for...ff...sucr~esslve wee~; that it was first so published on.. . ........... the ......... 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: abcdefghijklranopqrstuvwxyz--6 pi. News Text abcdefghJjkJmnopqrsfuvwxyz~ Pl. Vogue Subscribed and~n to before /? ~ ~ Notary Public,. ....................... County, Minnesota My Commission Expires ......................... 19 ...... BEVERLY ,l ~IOR~AN, NOTAR¥ ?gBL~ COUNTY OF ~ENNEP~N, STATE OF MJN~ESOTA ~y CO~SSIO~- EXP~ ~: g, _,, ~ 'I~ ,,, 1870 ORDINANCE NO.. AN ORDINANCE .FURTHER AMENDING SECTION .3.50, SUBDIVISION (1.2) OF THE'VILLAGE CODE RELATING TO FEE FOR ADJUSTMENT REQUEST ON MULTIPLE DWELLINGS. The Village Council of the Village. of New Hope o.rdains: SeCtion 1. Section S.50, Subdivision (12), Paragraph (I) .of the, Village E'°de is amended to read: (!) C.omp]!..i.an~.e pla~e .~f~o~r Non-'Conforming BU.i<l'?j.i.nlg~ >_-i. Aut'omati:C' :F'iYe~ and Ala. rm. :~Sy'st:ems. (i) 'Tkree and Four-unit 'Buiidin_g~s_. (ii) All existing uses ~or buildings and buildings now under const'ruetion of three or four living units, in non- conformity herewith,-shall be corrected, converted, modified, adjust'ed or other- wise made to comply, with the above requirements not later than June 30, 1975. O'tker Muit'iple D~ellings. (iii) All existing uses or buildings 'and bUildings now. under construction,-con- taining five or more .living units,' in non-conformity hereWith~ ~hall~be corrected, converted, modified, adjusted, or otherwise made to comply with the above requirements not later ~than January 1, 1970, provided however, that the Council shall have power pursua.nt to SeCtion 3.54 of this Code, to grant adjustments on the time of compliance as to all or part of the work bUt no adjustment shall be granted postponing the time of compliance beyond June 30, i975. The Council may im- pose conditions in the granting of adjust- ments, to insure minimum standards of safety. Aid~j Us tm:ent Fee. A person .desiring an adjustment as provided above shall sub,it an application in writing, to the Clerk-Treasurer on forms presc'ribed~ by the Manager, copies 'of wh~ich are available at the vil%age hall, together with a fee of $75.00. Such forms ~shall .be' duly signed by the petitioner who shall recite therein, in such general terms-or particularity as the Manager or Council may require, the details of the adjustment ~or variance that is ap- plied for. ' iSe:ctionI ~..' Should any section, clause or provision of thi's Ordinance be, declared by the' courts, to be. invalid,, the' same shall' not affect the validity of the ordinance as a whole or any part there,of, other than the part so declared to be invalid. Secti~on '3. 'This 'ordinance shall be in full force and effect 'from an~d' after' its passage and publication. Passed by the' 'Villa'ge.-Council of the Village of New Hope this.: ~f/=* day of/3f~ ~-' , 1970. ' ~- Tr.e asure r (Published in NeW HoP'e-Plymouth Post ................. , .197.0) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and priuter of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equ~ivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. ($) Said newspaper has 50% o~ its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears an& has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hcurs 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 ~lirectlon and control during all suc.h regu. lar .h~u. rs and. at whlc~h time...said., n~w~paper is..p?i~.~ (6) Said newspaper files a copy of each ~ssue lmmedmtely wzth the ~tate r~lstonca ~ocmty. 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 l, 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 ~/ff~~ hereto attached as a part hereof was cut from the columns of said new~paper, and was printed and published therein in the Eng~ifsh langua~, once each week, for.../...s~ccessive w~ks; ~hat it was 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 incluslve, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghljklmnopqrstuvwxyz--6 pt. News Text abcdefghijkJmnopqrsfuvwxyz--6 pt. Vogue Subscribed and swan to before ~ ' ., .'7 m~...day of. Notary Public,. ....................... County, Minnesot~ My Cmnmlssion Expires ......................... 19 ...... ORDINANCE NO. 7'0~-~9 AN ORDINANCE AMENDING SECTIONS 5.115 AND 5.155 OF THE VILLAGE CODE RELATING TO INTEREST ON .20-.YEAR .INSTALLMENTS OF CERTAIN SEWER OR WATER CONNECTION CHARGES. THE VILLAGE COUNCIL of the Village of New Hope ordains: Se'ct'i:on 1. Section 5.11'5, Subdivision (2) of the Village C'G~¥S~ended to read: Subd. (2) Upon written request by the owner, and approval thereof by the Council, Charge C may be paid in equal annual installments' over 20 years in the' same manner provided for payment of special assessments by Minnesota Statutes Section 42.9..061 (eXcept that notice and hearing shall not be required), together with interest on the unpaid balances 'as' 'of January lst' of each year of said charge at 8% per annum. Said charge to be a lien upon the premises connected. Such request shall be' made upon forms furnished by the Viii'age. After approval of such request by the C.oun~il, the Clerk-Treasurer shall 'pre- pare a roll showing .the amount of Connection Cha.rge 'C. extended' over 20. equal annual install- merits; including interest; each installment, including interest being set forth separately. The first installment Shall be payable on the first Monday in January next following the pre- paration of the roll. To the first installment shall be added interest' on the entire assessment from the first day of the month next following the date of the issuance of the sewer connection permit until DeCember 31st of the year in which the first' instal'lment is payable. The Clerk- Treasurer shall. 'transmit a certified duplicate part of the appropriate roll with each instal'l- ment due, including interest set' forth sepa- rately to the county auditor. The Council may in its discretion, direct the Clerk-Treasurer to file the roll in her office .and to. certify annually to tke county auditor, on or before October 10th of each year, the total amount of installment '.and interest which is to become due in the following year. At anytime after such request to pay by installment met'h°d, the amount of the installm'ent sti~ll due, may be satisfied by prepayment to the Clerk-Treasurer prior to November 15 of any year of ~the entire amount remaining unpaid, .with inte~re, st accrued to December 3ist in the year in wtiich said pay- ment is made. iSecti~on 2. amended to'.-re'ad: Section 5.15'5 of the Village Code is 5.155 Prlolceldure ,on '20-Ye~ar Instgl'lm'entS,. Charges p.ayab.le in annual installments .shall be paid in equal annual installments over 20 years in the same manner provided for payment of special assessments by Minnesota Sta.tute.s'Section' 429.061 (eX~cept that notice and hearing sh-all not be. required), together with inte~rest on the unpaid balance as of January lst'~of each year of said charge at 8% per annum. Said cha?ges ~to. be liens upon the premises ~connecte.d. The Clerk-'Tr.easurer' shall prepare a roll showing the amount of the' con- nection cha~ges extended .over 20..equal annual installments; including interest; each in- stallment, including inte~rest' being set forth separately. The first installment shall be payable on the first' Monday in January next following the preparation of the roll. To the first installment shall be added interest on the' entire assessment from the' first day of the month.next following the' issuance of the water connection permit until December 31st of the ye.ar in wkich ithe first' installment is payable. The Clerk-Treasurer shall transmit a cer'tified duplicate part of the' appropriate roll, with. each installment ~due, including interest' ~set forth, separately to the county auditor. The Council may in its discretion, direct the Clerk-'Tr.easurer to file the~ roll in her office and to certify annually to the county auditor, on or before October loth of each year the total amount of installment .and interest.which is'to become due in the' follow- ing. year. Any time after such request to pay by installment ~ethod, the amount of charges still 'due may .be satisfied by prepayment to the Clerk-Treasurer 'prior .to. November 15 of any year of the entire amount remaining unpaid, with interest accrued to December 31s~ in the year in which said prepayment is made. Sejcltilon' 3 This.-Ordinance shall be in full force and ieffect from and after its. passage and publication. ~Passe'd by the Village 'CoUncil of the Village of Ne~ Hope, Minnesota this ~ ~(~z.'.~*~_: day o'f~/_~ ~.,rj~d~]~., 1,970. . (Published in the' New Hope-Plymouth~. Post' , 1970. ) -3- .ORDINANCE NO. 7,0-16 AN ORDINANCE AMENDINC~ SECTIONS S.I I S AND $.155 OF THE VILLAGE CODE RELATIN~ TO INTEREST ON 20-YEAR INSTALLMENTS OF CERTAIN SEWER O~ WATER CONNECTION CHARC~ES '~V;llacje of New Hope, Minnesota THE VILL AGE COUNC IL of the V il- lage of N,~w Hope ordains: SectiOn 1, Section 5.115, Subdivision (2~ of the Village Code is amended to Subd. (2) Upon written request by the own- er, and approval thereof by the Council. Charge C may be paid tn equal annual installments over g0 years in the same manner provided for payment of special assessments by Mmnesuta Statutes Section 429.061 (except that notice and heg-r- ina shall not be required), togetlmr with4nterest on the unpaidbalances as of January 1st of each year'of said charge at 8q per annum. Said charge to be a lien upon the pr~/~- tses_connected. Such requeSt,s~ltt~t~: be made upqn forms furnished bY the Village. After approval et such request by the Council, the Clerk- Treasurer shall prepare a roll showing the amount of Connection Charge C extended over 20 equal annual installments: including in- terest: each installment, including interest being set forth separately. The first installment shalr be pay'- able on the first Monday in January next following the preparation of the roll. To the first installment, shall be added interest on the en- tire assessment from the first day of the month next following the date of the issuance Of the sewer ~o~- nection permit until December 31st of the year inwhich the first install- ment is payable. The Clerk-Treas- urer shall transmit a certified du- plicate part of the appropriate roll with each installment due, includ- interest set forth separately' to the county auditor. The Council may in its discretion, direct the Clerk- Treasurer to file the roll in her office and to certify annually to the county auditor, on or before Octo- ber 10th of each year, the total amount of lnstalln3ent and interest which is to become due in the tel-~ lowing year. At anytime after such request to pay' by installment method, the amount of the install- ment still due, may' be satisfied by prepayment to theClerk-treasurer prior to November 15 of any year of the entire amount remaining un- paid, with interest accrued to'De- cember 31st in the year in which said payment is made. Section 2. Section 5.155 of the Vil- lage Code is hmended to read: 5.155 Procedure on 20-Yeai' In- stallments. Charges payable in annual in- stallments shall be paid in equal annual installments over 20 years in the same manner provided for payment of special assessments by Minnesuta Statutes Section 429.061 (except that notice and hearing shall not be required), together with in-, terest on the unpaid balance as ol January }st of each year of said charge at 8c} per annum. Said~ charges to be liens upon the prem- ises connected. The Clerk-Treas- urer shall prepare a roll showing the amount of the connection charges stallments: including interest; each installment, including interest being set forth separately; The first in- stallment shall be payable on the first Monday in January' next fol- lowing the preparation of the roll. To the first installment shall be added interest on the entire assess- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Heratflt, being c}uly 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 equ.ivaient in printed space to at least 900 square inches. (2) Said newspsper is a weekly and is distributed a~ least once each week. (3) Said new~paper has 50% of its news co].umns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Henn~pin and it has its known office of issue in the City of Crystal in said county, estab- ll~hed 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 dir~otion and control during all suc.h regt~.lar .l~u. rs and. at which time .said.. n?w~spaper is.~ri~te.d; (6) Said newspaper files a copy of each issue immediately with the State H~stormm ~octety. newspaper ha.* 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 S~ate of MinnesOta prior to January 1, 1966 and each Januar. y 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He 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 publishecl therein in the En,~llsh~x,~.,lan?~ge, once each week. for.../.~q~cesslve 19P.~J. and w~ thereafter printed an~published on every .......................... to ~d including the .......... day of .......................... 19 .... and that the following is a print~ 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: a~d~ghijklmnopqrstu~yz--6 pt. News Te~ ~bcdefghijktmnopqrstuvwxyz~6 pi. Vogue Subscribed and ~vz~'n to before (NOTARIAL SEAL) Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... ORDINANCE NO. 70-~t? AN ORDINANCE RELATING TO ERROR IN ORDINANCE NO. 70-14 AND PROVIDING FOR CORRECTION THEREOF VILLAGE OF NEW HOPE, MINNESOTA The Village Councillor the Village of New Hope ordains: Section 1. Section 2 of Ordinance No. 70-14, adopted August 24, 1970, purporting to amend Section 9.103, is amended in the first line of the text by striking the reference "Section 9.103" and inserting in lieu thereof, "Section 9.131." Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ?~ day of September, 1970. Attest~~ ~e~rk-Treasurer Mayor (Published in New Hope-Plymouth Post on ~ the 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 ~.he times herein stated has been the President of The Post Publishing Co., publiaher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and' has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. ($) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least $00 copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepln and it has its known office o.f issue in the City of Crystal in said county, estab- lished and open during its regular business hcurs for the gathering of news, sale of 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. (?) 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 t~_ ~llsh lans!)age, once each week for.../...sttc~esslve/~/~wee~l~s; that it was first so published ........................ ~ .............. 197..ii, 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: abcde/ghljklmnopqrstuvwxyz--6 pt. News Text abcdefg~i]kJmnopqrsfuvwxyz--& pi'. Vogue Subscribed and s~ to before ~ .... ~ NOTARIAL SF~L) Notary Pnblic,. ....................... County, Minnesota My Commission Expires ......................... 19 ...... ORDINANCE NO, '7'0-/~ AN .ORDINANCE ADDING SECTIONS 9,140 THROUGH 9.149'. TO THE VILLAGE CODE REGULATING THE MANUFACTURE, STORAGE, HANDLING~ USE AND SALE OF EXPLOSIVES. The Village Council 'of the Village of New Hope ordains: Sec'ti'on 1. Chapter 9 of the Village Code is hereby amended by adding~ the' following new sections: 9. 1141 Subd. (Z.) (a) This-ordinance 'shall apply to. th:e' manu- fac.ture, kee'Ping, having~ storage, sale~ transp'orta~ tion, and use of explo'siyes anal blasting .agents. (b) It shall not apply to the foil.owing: (1) Transportation of explosives or blasting agents when under the' ~urisdiction of and' in~ compliance with the re.gula'tions of the Federal Department of Transp'orta'tion, (2.) Skipme. nt, transportation and handling of military explosives 'by the Armed Forces 'of' the' united States and the State Militia, (.3.) Transportation and use of explosives or blasting agents 'in the normal 'and emergency. operation'of'federal agencies 'or state or municipal fire and po.lice departments.~' providing they are, acting in .the'ir ,official 'capacities' ' and in the prbper performance 'of th. ei'r duties.' ~4) Sale and use (public display) of pyro.- te_c'hn'ics commonly known as 'fireworks, Cc.) Tki's ordinance shall not apply to tke'. fol- lowing commodities 'and items; (1.) Stocks of snail arms 'ammunition; propellant-actuated, powe.r cartridgeg'j small arms ammunition primers ~n quantities of less' than 1,000.,000, smokeless propellant in quantitites of less than 750 .pounds. ~] Explosive actuated power devices ~ken in quantities Of less tkan 50 pounds net ~e'ight of explosives, (_3) Fuse l~ghters 'and fuse .igniters.. (4] Safety fuse Csafety fuse does not include cordeau detonant fuse)~ and 3/3.2 inch cannon fuses 'or matchlock fuse's Cslow match). (5) The sale or transfer of black powder · or other commonly used non-smokeless propellant in individual 'transactions involving quantities of five'(S.) pounds 'or less when used for muzzle loaded sports equipment or used ,in the hand~ loading of sports equipment. Subd. (2) Definitions. The following words when used .in Se.ctiQns 9,140 through 9,149 kaYe ~the meanings as set out herein: (a) Blasting agent shall mean any roarer'iai 'or mixtur~e, consi'stihg bfa fuel and oxidizer~ intended for blasting not' otherwise classified .as an explosive and in whihh none of the' ingredients are classified as an explosive~ ~provided that 'the. finishe'd product~ as mixed and paik.aged for use or shipment, cannot be detonated by means of a No, 8 test blasting cap when unconfined. NOTE 1; A No. 8 test blasting cap is one containing two grams ~of a mixture of 80% mer.cu~y fulminate and 20% potas- sium chlorate~ or a cap of equivalent strength,' NOTE 2: Nitro,~Carbo~Nitr~ate,. This, term applies, to any biasting agent whic~ has been classified ~as nitrokcarbo~n~itrate under the Department .of~ransp~rtation R~gulations~ and which'is packaged and shipped in compliance with the"r~gula~ tions of the Department of Transporta~ tion, (bi Explosive~actuated power devices shall mean any chemical'compound~ mixture or divice, the primary or common purpose of which is ta function by explosive~ i,e,~ with substantially instantaneous release of gas and heat~ unless such compound~ mixture or'deVice is othe'r'wise specifically classified by the RQT (formerly ICC)~ (C.) Explosives 'shall mean ali material which is classified as Class A, Class g and Class C ex~ plosives by'.the DOT .(formerly ICC'), and includes, bUt is not :limited' to, dynamite, bl. ack powder~ pellet powders, initiating explosives, biasing caps electric blasting caps, ga'fety fuse', fuse .lighters, fuse igniters, ~quibs~ cordeau detonant fuse, stantaneous fuse, ..igniter cord, .igniters, small arms ammunition, small 'arms ammunition .primers, smokeless · propellant, cartridges for propellant ,actuated power devices 'and ~artr.idges 'for indust'rial, guns, and some special fire Wo.~ks. (Co'mmercial ekplos.ives are those .explosives wt~ich are intended to be used in commercial ~or industrial operations.) NOTE 1: Classification of explosives is'described by the Department of Trans- portation, DOT (formerly Interstate Commerce Commission, ICC) as follows: (i) Cia'ss A Explosives. Possessing, deto~ hating 'or .otherwise maximum hazard'; such as dynamite, nitroglycerin, picric acid, lead azide, fUlmi5ate.'of mercury., bi. ack powder., bl'asti.ng~ caps, and detonating primers,. (2)] Cia'ss B Explosives. Possessing flam- mabl.e hazarda such as propellant ekplos.ives (including some smokeless propellants.), photographic flash powders, and some special fireworks. (3) Class C Explosives. Includes certain types of manufactured articles which con~ ta.in Cia'ss A or Class B explosives, or both, as components but in restricted quan- tities. (4.) Fo.rbidden'or Not Acceptable Explosives. Shall mean explosives which are forbidden or not .acceptable for 'transportation by common carriers, by rail freight; rail ex- press, highWay or water in accordance with the regulations of the' DOT (formerly ICC). NOTE 2: Certain chemicals and certain fuel materials may have explosive characteristics which are not specifically classified by the DOT (fOrmerly ICC) and are not readily classified for coverage in the Code. - :3' Autkoritative information should be ' obtained for such'Unclassified materials and action commensurate with itheir-hazards, location, isolation and safeguards, ~shoUld be taken. (d) Highway shall mean any public street, public alley or public road. (e) Inhabited bUildings shall mean a building or structure regularly used in whole or in part as a place of hUman habitation. The term "inhabited building" shall also mean any chUrch, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but excluding any building or Structure occupied in connection with the manufacture, transportation, storage and use of explosives. (f) Magazine shall mean any building or structure, Other than an explosives manufacturing building, approved for the storage of explosives. (.g) Motor vehicle shall mean any self- propelled vehicle, truck, tractor, semi-trailer, or tr.uck-full trailers used for the transportation of freight over public highways. (k) Propellant-actuated power devices shall mean any tool or special mechanized device or gas generator system which is actuated by a smokeless propellant or which releases and directs work thrOFgh a smokeless propellant charge. (i) Person shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association, and including any trustee, receiver, assignee or personal representative thereof. . (j.) Public conveyance shall mean any railroad car, street car, ferr. y, cab, bus, airplane or other vehicle which ~s carrying passengers for hire. (k.) Railway shall mean any steam, electric, diesel, electric or other railroad or railway which carries passengers for hire on the particular line or 'branch in the vicinity where, explosives are stored or where explosives manufacturing bUildings-are situated. (1) Small arms ammunition shall mean any shotgun, rifle, pistol ~or revolver cartridge, and -4- cartridge for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bUrsting charges, spotting or pyrotechnic projectiles ms eXcluded from this definition. (m) Small arms ammunition primers shall mean small percussion-sensitive explosive charges, encased in a cup, used to ignite propellant powder. (n) Smokeless propellants. Smokeless pro- pellants, commonly called smokeless powders mn the trade, used in small arms ammunition, cannon, rockets, propellant-actuated power devices, etc. (o) Special industrial explosive devices shall mean explosive-actuated power devices and propellant-actuated power devices. (P) Special industrial explosives materials shall mean shaped materials and sheet forms and various other extrusions, pellets and packages of high 'explosives, which include ~dynamite, TNT, PETN, RDX, and other similar compounds used for h~gh- energy-rate forming, expanding and shaping in metal fabrication, and for dismemberment and quick reduction of scrap metal. 9.142' Man'da~olry. Permits f}of_'~FRUi's.i~iP'~ '~d.'U:s.e. It shall be unlawful for any person to acquire, possess', use', sell ~or handle any explosive as defined in Section 9.'!41 Subdivision (2.)., except as otherwise provided by Section 9.141 Subd. (1) within the Village without having a permit in his pos- session. (a) SUch a permit shall be' issued only by the Clerk-Treasurer upon approval of the Council. (b.) Any person desiring a permit as required By this section shall make application therefor in writing to the Clerk-Treasurer on such forms as the Council may prescribe. (c.) Before any permit is issued by the Clerk- Treasurer he shall notify the Fire Marshal and Chief of Police that such permit is desired. Upon receipt of such notification the Fire Marshal shall inspect the premises upon which the applicant desires-to store, handle and use the explosives set forth in .the appli- cation and if he is satisfied (1.) that no serious fire hazard will be created, and (2) that the applicant plans, to store and use the explosives in the manner prescribed by this ordinance, he shall endorse his approval upon said application and return it .to the Clerk-Treasurer who shall present the same to the' Council. (d) The Council shall deny the issuance of any such permit to anyone who: (1) Has been convicted within the past ten (10) years of a felony ~or gross misdemeanor involving moral turpitude or anyone who is presently under indictment for any such crime; or (2) Has been within the past ten (10) years convicted of a crime in which the use, possession · or sale of narcotics 'or illicit drugs was an element; or ('3) Has been treated within the past ten (10) years for addiction to narcotic or illicit drugs, or has been within such time period admitted to any hospital or institution for treatment of narcotic or illicit drug addiction, or has been within such time period, .certified by a licensed medical doctor as being addicted to narcotic or illicit ~drugs; or (4) Has been within the past ten (1.0) years, treated for alcohol addiction, admitted to any hospital or institution for treatment of alcohol addiction, or certified by a licensed medical doctor as being addicted to alcohol; or (5) Has been within, the past ten (10) years, admitted to any hOspital or institution because of or for tr.eatment of any mental deficiency, or certi- fied by a licensed medical doctor as being mentally ill ~or mentally deficient; or (6.) Has been within the past ten (1.0) years, acquitted of any criminal charge by reason of insanity; or (7) Is not twenty-one (2.1) years of ~ge at the time when application for such permit is made. (e.) If the Council grants the permit the Clerk- Treasurer shall, upon receipt of a fee of Tw.enty.-five Dollars ($25.00), prepare and deliver to said applicant such permit as is requested in said application, provided, that no permit shall be granted for a period exceeding one (1.)year. 9.143 P?irmit ~pp'iiCati'on. The application for a user's permit shall be sworn to by -6- the applicant and shall contain the following information: (a) Name and address of the applicant; (b) The applicant's date of birth; (c) Where applicant intends to permanently store the explosives he intends to use and the storage security measures ~provided at the storage and' use' s ires; (d) The applicant's intended use for explosives he purchases pursuant to any permit that may be issued to him; and (e) Ail such additional information as may be prescribed by the Council in determining whether the applicant is qualified pursuant to Section 9.142 to possess such permit. 9.144 permit Kevocation. A permit may be revoked or suspended at any time by order of the Council for any violation of the provisions of this ordinance or upon the creation or existence of any condition which would in the opinion of the Fire Marshal create or tend to create a serious fire hazard. 9..145. ~ay.N.o.t:~Transfer to UnauthOriZed Person. No person shall sell, transfer or give away any explosive or blasting agent to anyone who does not posse'ss a valid permit issued pursuant to SeCtion 9.142. 9. 146. Sell'er's Record. Every person .selling or giving away any explosives covered by Sections 9.140 through 9.1.45' shall keep at' all times an ac- curate'-record in a bound book, of all such explosives handled by him, indicating a detailed .account of: (a) Date of each transference of explosive's; (b) Amount of each such transference; (c) Name and address of each purchaser or transferee; (d) Manufacturer of the explosives being trans ferre d; -7- (e) T]~e type of and any identification numbers of explosives being transferred; (f) Explosives owner's -or user's permit number; ~(g.) Intended place of storage of the explosi~ve by the purchasor or transferee~ (h) Intended use site~ and (i.) Security measures provided at the storage site and at the use site. Such record book shall at all reasonable times be open to the inspection of the Fire Marshal and all duly constituted law enforcement officials 'of the Village. In addition, on the first day of every month the seller or transferor shall make a report :to the Fire Marshal of the tr.ansactions which took place that month. 9.14 7 iS.~i~Ka.gF, i.a.Bd_ 'SF'.~F'~!~ty Re:_q~i?eFent~' Any person storing, handling, using or in any way dis- posing of explosives covered by this ordinance shall maintain minimum safety and security features of all permanent and temporary storage: facilities in a manner prescribed by the Rules and Regulations 'of the Minnesota State Fire Marshal governing the storage, handling-, use and transportation of blasting agents and explosives. 9. 148 .~.epo'rt of Thefts. Any person who has explosives 'in his posses'sion and who' incurs a loss'or theft of all or a portion thereof upon discovery of such loss 'or theft shall immediately, and in no event longer than twenty-four (24) hours 'from the time of discovery, infbrm the office of the Chief of Police of the lo'ss or theft, the amount missing and the approximate'time of the occurrence. 9.149. 'Bo~b 'Threats. It shall be unlawful for anyone: (a) As a hoax, to communicate or cause to be communicated the fact that a bomb or any otker explosive device has been placed, in any bUilding or in any location other than a building. (b.) As a hoax, to threaten to b'omb any person, pla:ce or building. (c) To knowingly permit any te:lephone or other means of communication under his control to be 'used for any purposes prohibited by this se'ction. -8- (d) As a hOax, to place or cause to be placed in any location a~ny article, constructed or placed with intent to give the impression that said article possesses explosive .capability. Se'c:tiOn 2. Any person violating any provision of this ordinance' shensi'bY guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than Three Hundred Dollars ($300..0.0) or by imprisonment for a period of not more than ninety (90) days ~or both, for each such offense. SeCtion 3. The contents of this 'ordinance are declared to be se~nd should any .section, clause, paragraph or provision hereof be declared by any court to be invalid, the same shall not affect the validity of the-ordinance as a whole or any part thereof other than the part so .deClared to be invalid. Secti~on 4. .This 'ordinance shall be in full force and effect from aa~ ~ft'e'r its passage and publication. Pas.s'e'd by the Village Council of the Village of New Hope this __i~_ day of ~QY~_A~__., 1.970. A tt.est~~~ ''~ -Tr.e asu'r r (Published in the NeW HOpe-PlYmouth Post' ~ gg~~ ~ ~¢2o ) ORDINANCE NO. 70-18 AN ORDINANCE ADDING SECTIONS 9,140 THROUGH 9.149 TO THE VILLAGE CODE REGULATING THE MANUFAC- TORE. STORAGE, HANDLING USE AND SALE OF EXPLOSIVES, The 'Village Council of the Village of New Hope ordains: Section 1. Chapter 9 of the Village! C, ode is he{~eby amend~d' bY adding! r'~' V~o the following n~,W"-sections:! ~EXplosives !~-~,£ Scope and Definitions, '? "_ t~ (1> scope, to thn (a) This ordinance shall apply. manufacture, keeping, having,~.~t01;age,~ · sale, transportation, and ~s~' of ex-~ plosives and blasting agents. (b) It shall not appLy-~p t.he..follow-:~ ,lng: (1) Transportation of explosives' or blasting agents when under the 3urisdiction of and in compliance with the regulations of the Federal Department of Transportation. (2) Shipment, lransportation and?( ~ handling of military explosives bY~i ~, the Armed Forces of-the+Uni}ed~ States and the State Militia.~. ($) Transportation and use of i explosives or l~lasting agents*in the normal and emergency operation of federal ag~eneies or state or muni- cipal fire and police .departments,. providing they are acting in their official capacities and in theproper performance of their duties. ~--- (4) Sa;canal-use [public display_) of pyrotechnics commonly knoWn.; 'Proval ~i~ ¢om~il. · as fireworks. shall not _, (1) Stpcks ofsmallarmsam~ t ion; propellant - actuated cartridges; ~mll arms tion primers in quantities than 1,000,000; smokeless lant in quantities of less than 750 pounds. (2) Explosive actuated power vices when in quantities of than 50 paunds net weight of plosives. (3) Fuse lighters ~ rets. (4) Safety fuse --.'not Include cordeau and 3/32 inch cannon fuses matchldck fuses ~ (5) The sale of powder or other non-smokeless propellant in' vidual transactions titles of five (5) p~s when used for muzzle loadedsports equipment loading of sports 't , - subd. (2) Definitions~. The following words when used in Sections 9.140 through ~149 have the~ meanings as set out herein: Ia) Blasting agent shad mean any material or mixture ~'mi'sting of fuel and oxidizer~ {~tended for blastin~ ..not otherwise clas~fie~l as ah explosive ~ and ill which none of the /ngredien~ are classified as an explosive, vided that the 'finished mixed and packaged for use or merit, cannot be detonated by means" of a 'No. 8 test blasting cap when un.~ confined. NOTE 1: A No. 8 test blasting is one containing two grams mixture of 80% mercury.l and 20% potassium chlorate, cap of eq NOTE 2: This term applies to any blasting agent which has been classified as nRro-carbo-nitrate under the De- partment of Transportation Regu-. lations, and which is packaged and shipped in compliance with the regulations of the Department of Transportation. (b) Explosive-actuated power de- vices shall mean any chemica] com- pound, mixture or device, the primary or common purpose of which is to function by explosive, i.e., with sub- stantially instantaneous release of gas and heat, unless such compound, mix- ture or device is otherwise specifically classified by the DOT [formerly ICC). (c) Explosives shall mean all ma- THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. treated within the or. has institu- of narcotic or or' has been ~eriod,. certified medical doctor as or fill- E. C. L'Heranlt, b~ing duly sworn, on oath says he is and during all the times herein stated has bccn the President of The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPF~PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newepaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week· (3) Said newspaper has 50% of its news columns devoted to news of 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 l~ast copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears and, has entry as second-class matter in its local vost-office. (5) Said newspaper purP0?ts to serve the October, 19~0. Hope and Plymouth Edward J. Er. ielisim ~'e of issue in the City of Crystal in said county, estab- ~ayOr :he gathering of news, sale of advertisements and sale of of said newspaper or persons in its employ and subject hours and at which time said. newspaper is printed. with the State Historical Society. (?) Said for at least two years preceding the day or · .) .ewspaper has filed with the Secretary of State of . ~ :. ~ ..... .- ;". ~ tary 1 thereafter an affidavit in the form prescribed Of' 'State and signed by the managing officer of said newspaper and sworn to before : stating that the newspaper is a legal newspaper. the, Fire Marshal to o,, d,e ....... h in the ~,es on oath that the printed .... ~.. {.. :. explosives in the: { r' this ordinance, ~ as a part hereof was cut from the columns of said newspaper, and was printed and ~ponsaid . it to the clerk- ,'in in the F~nglish language, once each week, /or..~...succe~ive weeks; that it was shall deny the 15- ~ed o~. ~.~": ..................... f ...................... s thereafter printed and pu lls ed on every .......................... to and including fdlony or ].y of. ~ ...................... 19 .... and that the following is a printed copy of the for ~abet from A to Z, both inclusive, and is hereby acknowledged as being the size and the past ten ! crime in or sale {sed in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt. News Text abcdefghiiklmnopqrstuvwxyz--& pt, Vogue sworn to before ..... day past ten of.. ~.g~.... ~ ..... A.D.. 19.~..~.. coh, ol addiction, or certified by a licensed medical- do,tot.as being addicted to alcoholl or j~ ~ ..................... (5) Has been within the past ten . (10) years, admitted to any hospi- EA tal or institution-because of orfur ' treatment ~f any mental deficiency, . or certified by a licensed medical ......................... County, Minnesota doctor a~ being mentally ili or mentally deficient; or Expires .......... 19. (6) Has been within the past ten .................... (10) years, acquitted of an}' crim- inal charge by reason of insanity; °r(7) Is not twenty-ose (2.1> .','ears . JORDAN NOTA~{¥ PU~[,iC of age 'at the time when application terial which is classified as Class A, for such permit is made. Class B and Class C e~losives by the (e) ~ the Council g~nts the permit DOT (formerly ICC), and includes, but the Clerk-Treasurer shaH~ ~on r~ is not limited to, dynamite, black cci t ~ a fee of Twent'-five ~llar$ powder ~llet powders initiating ex- re~ ~ n; ...... ~a ~nv~ +~ e~td ORDINANCE NO. 70-19 AN ORDINANCE REGULATING CONDUCT IN PUBLIC PARKS AND AMENDING CHAPTER 6 OF THE VILLAGE CODE The Village Council of the Village of New HoPe ordains: Section 1. Chapter 6 of the Village Code is hereby amended by adding thefe'tlo the following new sections: "6.90 CONDUCT IN PUBLI'C PARKS 6.91 :De'finiti~ons. WheneVer used in this Ordinance the following terms, phrases, words, and their, derivations shall have the mean- lng given herein. When not inconsistent with the context, wbrds 'used in the' pre.sent ~tense, include the future words in the plural number include the singular number, and words in the singular-nUmber include the plural nUmber. The' word "shall'" is always mandatory and. not merely directory. Subd. (1) Director. "Direc.to.r" is 'a person immediately in c'ha~ge of any park area and its activities, and to whom all park attendants of such area 'are responsible. Subd. (2.) Park.. "Park" is any open or enclOsed, space, area or facility wherever located which is 'owned, operated or controlled by the Village or located within the Village but owned, operated or controlled by any other political or governmental subdivision which space is 'r¢.s'erved,'deSignated or used for or as a playground, picnic area, school ground, beach, park, arena, concession, playing field or court, .structure or building and devo.ted,'designated or intended for active or passive recreation including .all parking lots., pathS'or roadways appurtenant to or used there- with. Subd. (3) Person. ".Person" is any person,, firm, partnership, as- sociation, corporation, cOmpany or organization of any kind. Subd. (4.3 VehiCle. 6.9 2 "Vehicle'! is 'any wheeled conveyance, whether motor powered, animal -'drawn , 'or sel£'-propell'ed. Tho~"t'erm shall include any trailer in tow of any size, kind or description and all snowmobiles. ExcePtion is made 'for baby carriages and vehicles in the service of the Village Parks. Park' Prop'qr]ty' .~ No person in any park..shall: (.a) 'Di[sf~_g~r[.a'tion and Removal. Wilfully mark, de- face, disf.igure, lnju:re, tamper wi't'h or. displace or remove any buildings,- bri~d.ges,~ tables, benches, fireplaces,- rail- ings,- paving or paving material, water lines-or other publlic utilities ~or parts-or appurtenances ~thereof, .signs, notices or placards whether temporary or permanent, monu- ments, stakes, posts 'or other bOundary markers, or o.ther structures 'or equipment, facili'ties or park property or appurtenances whatsoever, either .real ~or personal. (.b) Res.tr'ooms ~gnd Wgshrooms. Fail to cooperate in maintaining rest'rooms and-W-ash'roO~ns 'in a neat and sanitary condition'. No person over the age of four years shall use' the restrooms 'and was'hrooms"designated for the opposite .S e'x. (c) .'Removal 'o'f Natural' Re's.ourceS. Dig or remove any beach sand," '~het-he-r .submerged or not, or any soil, rock, .stones, trees, shrubs -or plants,' downtimber or .other wood or materials, or make any excavation by tool, equiPment, blasting, or other means or agency. (.'d) Er~eCtion o'f ~Struclture. Construct or erect any building or str~ucture of Wlia"t'elv.e-r kind, whether permanent or temporary .in characte.r, or run or string any p.ublic service utility into, 'upon or across such lands, except 'on special written permit issued hereunder. (e.] 'Throwing. Throw .or cast any stone or other missile careless'ly 'b"~r- ]{ee~d~l-essly in disregard of the rights or t.he safety, of et.hers, 'or in a manner so' as to enda.~ger or be likely to' endanger any person or property. (.f.) ' Wglk'i'ng 'on Grass. Go on foot or oth. erWise upon the grass 'or ~u~-f-o~f a-Ky p:ark where any prohibitory sign is posted. (g.) !n:j~u.r_y and Removal. Damage, cut, carve, trans- plant or remove any 'tree 'or pi'ant 'or injure the bark, or pick' the flowers "or seeds of any tree or plant. A person shall not d.ig in 'or otherwise disturb grass areas or in any othe'r way injure or impair the natural beauty or usefulness 'of any area. (h.) :C1Tmb'£ng_ T'ree.s_,i ie~}c. Climb any tree or walk, stand or sit upon monuments, vase's, fountains,' railing, fences 'or upon any other property not..designated or customarily used for such purposes'. (.i.) Hunting..... Hunt, molest', harm, frighten, kill, trap, chase,, tease, sh°ot or throw missi'les' at any animal, reptile or bird, nor shall ~he' remove .or have in his posses- sion the young of any wild animal, or the eggs 'or nest, or young of any reptile or bird; nor shall' he collect, remove, .have in his possession, .give away, se~ll or offer to sell, or buy or offer to buy', or accept as a gift, any specimen alive or dead. (.j.) Fe~e}~in~g.. Give or offer, or attempt .to give to any animal 'or bird any tobalccO, alcohol or other known noxi:ous s ub.s't ance s. 6 .~93 'Sani'tati~on. No person in a park .shall: (a) Pollution of Waters. Throw .discharge or other- wise place or cause~ to b-el .plac~'d in the waters 'of any fountain, pond,, lake, stream, bay or other bo:dy of water in or adjacent to any park or any tributary, stream, storm sewer, or drain.flowing into such waters., any subs.tance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. (b.) Refuse- and Trash.'. 'Have brought&n 'or shall dump, deposit -or leave an7 -b'ott~le~s, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, .garbage, or refuse or Other trash'. No such refuse or trash shall be placed in any waters 'in or contiguous to any park, or left anywhere on :the grounds 'thereof, but .shall be .placed in the proper recept~.cles where these are provided; where receptacles are not .so' provided, all such rubbish or waste shall be carried away-:from the park by the person responsible for its presence, and properly disposed of elsewhere. - 3 - 6.94 'Trgffic. No person in a park sh'all: (a) S't'at'e Motor VehiCles Lawsi~pply. Fail 'to: comply with all ap.pi~c-abi~- provi¥i°ns of the state motor vehicles 'traffic laws in regard'to equipment and operation of vehicles together with such regula'tions as 'are contained in this and other ordinances. (b) E~fo~c'elmelnt~pf ~r~ffic. Reguiatlion~s_._ Fail to obey all t~affiC0f£icers 'and park employees, such persons being h~rebM authorized and instructed to. direct 'traffic whe.reVer amd whenevar needed in the parks and on the highways, s'tr:ee.ts or roads immediately adjacent thereto'in accOrdance with the provisions 'of these r~gulations 'as may be issued subsequently bM the Director. ('C) 'Obey' Traffic S'igns. Fail to comply with all · traffic s!gns'~:i'ndi-Ca-ting s~ie~d', direction, caution, stopping, or parking, and all other posted for proper control and to saf.eguara life and property. ('d) Speed 'of Vehi'cle~s. Ride or drive a vehicle at a rate of s.Pee~ 'eX~'~edi~§ i0 miles an hOur,, except, upon such roads 'as the Director may designate, bY posted s~gns, for speedier travel. (~ Operation Co, fi'he'd to Roads. Drive any vehicle on any area except the-pkved P'a¥~ r-o~s -or parking areas, or such otb. er areas as may on occasion be specifically des~gnate.d as temporary parking areas b~ the Director. (f) Parking. (:!) 'DeS'ignated' ~tr'eas. Park a vehicle in other than e's'~:abii~sh~ed'.~'r7 designate, d parking area, and such use' shall be mn accordance with the posted directions there at and with '.the' :instructions of any attendant ~ho' may be present. ('2.). Night Parking. Leave a .vehicle standing or parked at~ ~{,ight[ ~ithout .lights 'clearly visabl~ for at .least' 150 feet 'from bb. th 'front and .rear on any 'driveway or road area except. 19gally established parking areas. (5.) Bme'~gen~cy p_rpced[ure.... Fail to immediately notify an att.endant '.of an emergency in the nature of a breakdown requiring the assistance of a tow itruck, mechanic 'or other perso'n. 6.95 (4.) Muffler Require'd.. 'Fail to. use' a muffler adequate t01' ~d~ead~e~i t]{~ ~ound of the engine in a motor vehicle. .(.g.) B i~cyCl e s. (.'1.) Con'fi'ne'd to Rolads. Ride' a bicycle on other than a paved~ veh-i:c-uiar roa-d 'or path designated for that purpose. A bicyClist shall be permitted to wheel or .push' a.'bicyCle by. hand over any grassy area or wooded trail or on any paved area reSe:~ved for pe des t'rian us e. (2)' Op_e~rla.~ii:on. Ride a bicycle upon a paved road or path .otb.er than as near to th'.e~ right side of the ro.ad.way or path as practicable, and bicycles 'shall be kept ln,.single file When tw.o 'or more are operating as 'a 'gr. oup. Bicyclist's shall at all times operate the'i~ machines with' .reasonabl'e regard to the safety of o.the'rs., signal all turns, pas§ 'to the' right of any. vehicle ~hey are .overtaking, .and pass--to .the right of any vehicles "they may be meeti..ng. (3] Ridor P~rohibite'd. Opezate a bicycle carrying more persons at one 't~im'e.- 'ithan th:e number for which it is 'designed and equipped. ('4.).' D'esignate.d 'Racks. Leave a bicycle in. a place other than a' bli[cy-ci'~-~rack when such is provided and th.e'r'e is a space available. (5) Immob:ile. Leave a bicycle lyi.ng.on the ground or p~ing or set against' 'tr.ees, or mn any place or pos. itl'on where 6th.e'r' persons may trip over or be. 'in~ured by. theem. (.6.) 'Nilg~t' OPerati:on. Ride a bicycle on any road b. etW-elen 30. m~-ndt'e[s :afte.r sunset .to 30 minutes before-sunrise'-without .an attached lamp on the 'front which 'sh~ll emit a white light visible from a distance of at ~least .500 feet to- th~' front and wilth a red refle, ctor on th:e rear of a type approved bX. the Minnesota .DePartment of HighW.ays which is visible from ail distances from 50 feet to 300 feet to the rear when directly in 'front of lawful upper beams of head lamps 'on a motor vehicle. Re~creat'ion~l ACt'iVi'ties. No person in a park shall: - 5 (.a) Bat'ki~ng and SWimming., (1) D[.e..Signa.te'.d ~..A. rela.~/' Swim, bath, 'or wade in any waters wor wat'eruways zn or adjacent to any park, except 'in such waters and at such places as-are 'pro- vided therefor, and in compliance with such regulations as -are iherein set _forth or may be hereafter adopted. Nor shall any person frequent any. water's-or places customarily designated for the purpose' of swimming 'or bathing, or congregate thereat when such activity is 'prohibited by 'the. Director upon a finding that such use of .the water would be danger.ous or otherwise inadvis able. (2.) Certai'n Hours. Frequent any waters 'or places 'designi-t-e(~- '~or---t'he purpose 'of swimming or bathing, or congr.egate thereat,: except during such hours' 'of the day as shall be designated by-the Director for such purposes for each individual area. ('5) Park Sheite'rs. 'Dress or undress on any beach, or in any .veh~cl'e', toilet, or other place, except in such bathing hOuses 'or str:ucture, as may be provided for that p'u~pose'. (b.) BOiat[i_n_g_.' (1) Public Docks. Use the public docks' for dockage or 0[th~e-r' .purpose withOut .first' making arrange- ments for Such accommodation with the Direcior, who shall ass.ign space and. collect ~reasonable rental charges 'in. conformity with established regulations and' rates. ('2.) 'Operati'on 'of 'Boats. Navigate, direct, or handle' 'any 'bb'[at .in isu:ch' a 'mahher as 'to annoy or frighten or endanger others unreasonably. ('3) Pro'hi'b'ilti:o'n During C'l'os'i:ng Hours. Launch, dock, 'or op'e{ate any-'-b'°ia-t- ..Of ahy k'i'n~R on any waters b. etWeen the' Closing .hour of the Park at night and opening hour the following morning, nor .shall any person be on, or remain on or in, any bOat .during the :said closed hours of the park. (c.) Hunting.and 'Firearms. Hunt, trap or pursue wild life at~.any t~.me. No person shall use, carry, or posse'ss fi:rearms 'of any descriptions,, or air rifles, spring guns, bow and arrows, slings 'or any other form of weapons potentially inimical to wild life and dangerous 'to-hUman sa'fety., or any instrument :that can be lo~ded with "and fire blank: cartridges, or any kind of 'trapping device. Shooting into park areas 'from beyond park boundaries is forbidden. 6 (d) 'Pi'ci~i'c Areas 'an'd (1.) Regular'ed.. Picnic or lunch in a place otb. er than' 'those ~d'e'signate'd for that purpose'. At- tendants shall. have ihe authority, to r.egulate the activities in such areas wtien necessary to prevent congestion and to se:cure ith. e maximum use for the comfort and convenience of all. Visitors shall comply with .any directions given to achieve this end. ('2.) Av~i'lab:il'i'ty. Violate. :the' regulation that use of the i~n-~iV~idua-1 'firePla'ces together' wi:th tab.les and benches foll'ows generally the rule of "first' come, first .served.~' (3.) Non-'Exclus~i've. Use' any portion of the picnic areas 'or of any o"f the buildings 'or structures therein for the purpose 'of holding picnics to the e×- clusion of other' persons, nor shall any person use such area and facilities 'for an unreas:onable time if the facilities 'are crowded. (4.) ' D'utX o'f Pi'cn'icker. Leave a picnic area before the f'ir-e' is-'-c-om~p'iete'l~, eXtinguished and before all "trash in the' nature of boxes, papers, cans, bottles, garbage, and other refuse is placed in the disposal receptacles..where provided if no such 'trash receptacles are available, then, refuse and trash shall be. carried away from the ~p'ark area by the picnicker' to be. properly disposed of elsewhere. (e.) Camping. Camp in other than .permanent cabins for organize'd" c~n{ping provided bY the Director and used by groupg of persons under .adequate supervision. No person shall se't. up tents,' shacks, or any other temporary shelter for the p'urpo:se 'of overnight camping, nor shall any person leave in a park afte.r, closing hOurs' any movable s t'ructure or special vehicle to be. Used 'or that could be used for such purpo.se,..such 'as house-trail'er, camp-trailer, camp-wagon, or the like, withOut written permissi'on from Director Of Re'creation and Parks'. (f) Games. Take part in or abet :the Playing ,of any games' involvi-.n-g thrown or otherwise propelled Ob.j~cts such as balls,' stones, arrows., javelins 'or model airplanes except in areas set apart for such forms 'of recreation. The playing of rough .or comparatively dangerous_ 'games :such as football, basebirll, and 'quoits is prohibited except on the field and courts-or areas provided therefor. Roller skating shall be confined to those' areas specifically designed for such pas time. 6.9 6. ' :B:eh:avior. No person in a park shall: (a) D'runkenness. Be. under the influence of alcoholic beverages. (b) ' 'F'i'reworks and Explosli:ves. Brought, .or have in his possession ~o-~ sTe't !o'ff or--ot]{e-r~ise 'cause .to expl.ode or discharge 'or bUrn, any. firecrackers, ..torpedo, rocket', or other ~ireworks or explosiYes of inflammable 'materi:al, or discharge ]them or throw th:em into such area from land 'or h.ighWay adja'cent thereto, This prohibition includes any substance, compound, mixture, or article that _in conjunction with any other subst'ance or com- pound would be. dangerous-from any of the foregoing standpoints. (c.) Reservation of Fac'iii'ti'es. Occupy.any seat or bench, or enter fnto.'or iO-iter or remain in any pavilion or other park'structure or section thereof whlich may be rese:rved, and designated by the Board for the use' of the opposite sex. ExcePtion is made for children under 4 years of age. (d) tlms.. Shall solicit alms-or contributions for any purpose, whether public or private. (e) F:ires. Build or attempt to. build a fire except mn s~reas and under such .r?gulations as 'may be designated by the Director. No person shall drop, t'hroW, or otherwise scatter lighted' matches, burning cigarette's-or cigars, tobacco paper, or other" inflammable' material, within any park area or on any highway, road or street abutti.ng or contiguous thereto. (f.) 'Cio'Sod Ire'as. Enter an area post'ed as "Closed to thle"'~ub'li'c", nor shall any person use, or abet-the use of any area in violation of posted notices. -8- (~g) 'Lo'ire'ring an'd Bois'te:ro'usne'ss. Eh.gage in loud, b ois..te.r.ous, th~r-e-ateh-~ng ,- .ih'ifs'ire~, -insuT ting', br indecent language, or. engage in any diso'rderly conduct-or behavior ten'.di.hg to a b.~e'ich of the public peace. (.h_) Exh:i'b'it permit's.. Fail to produce and exhibit any permit .fo'r-':th-e Di.re-clt:°ir he. claims 'to' have upon- request of any aUthOrize, d. person who shall desire .to inspect the same for the purpose of enfo. rcing compliance with. any ordinance. 'or rule. (.i) I'nter:.felrelnce wit'h "permi't't'ee's. Disturb or interfere unreaSOnably W'ith; any person or party occupying any .area, or participating in any .act'ivity, under', the authOrity of a permit. 6.97 Me'rC'handis in'g.' Adve:rtis'in.g. 'a, nd_ Signs .. No person in a park shall: (a) Vending and Pe'd. dling. Expose' "or offer for sale any arti.cle.-0'r ~th~ing-, nb~ S:hal'l~ he st'ation or place-any stand, cart, or..vehicle for th.e transporation, sale 'or display of any such-article or thing. Exception is he.re made .as to any regularly licensed, concessionaire acting by. and under'..the'-autkority and regulation of tke Directo.r. (b)'. ~tdVe. r.tis'ing. Announce, advertise, or call the public at.t'en.t-i~0n' "---in any way to any article or s'e:rvice for sa'le or hire: (C) 'S'i:gn's' Paste, glue, tack or oth.erWiSe .post' any sign, pi-a~c'ar-d, advertisement, or.inscription whatever, nor sh'all any person erect or cause' to' be. erected: any sign whatever on any public 'lands or highways or roads adjacent to' a park unless approved by ihe Director. 6.98. Park Opera't'ion Pol:i.cy.. (a) Hours .' Except for unusual and unforeseen emergencies, Pa-rkS shall be open to the public every day of the year during designate'.d hours. The opening and closing hours for each. individual park isbell 'be' post'ed th'er.ei'n for publ'ic informati.on. (b) permit. A permit .shall be obtained from the appropriatei birector before participating in. any of the following Park .activities: carnival's;, community Cele- brations;' gatherings 'of 25 or more persons inclUding picnics and political 'gatherings; activity co.ntestg incl.uding those· requesting exclusi've use or charging admissi'0n; and eXhibiti.ons either as a stage prbduhti.on or otherwise. (i) ~p~li'c'ati'ion. A person seeking issuance of a .permit her~e-r~shall file an application with the appropriate 'Director. The application shall 'st'~te: (!-a) The name and address: of the applicant; ('!-b) The name and address'of tke person, .persons, corporation 'or association sponsoring the 'activity, if any; (i_-.c) The day and hours 'for which the permit .is'~des'i:re'd; (!-d) The park or portion thereof for which such permit is desired; (i..-e) An estimate of the anticipated attendance; (1.-f) Any other information which .the Director shall find reasonably necessary to a fair determination as 'to whether a permit should issue hereunder. (.2) Standards for Iss:uan. ce. The Director shall issue a permit- hereUnder ~i/en-he finds: (2-a) That .th.e proposed activity or use of the p'ark~wi'll not unreasonably interfere with 'or de'tract :from the general public enjoyment of the park; (2.-.b) That .the proposed activity and use Will' not unreasonably interfere with or detract from the promotion of publli'c health, ~el'fare, safety and recreation; (2_-c) That the proposed activity 'or use' is not reasonably anticipated to incite violence, crime or disorderly conduct; (2-.d) That ~the proposed activity wi. il not entail unusual extraordinary or bUrden- some expense or police operation bM. the Villa'ge; (2.-.e) That the facilities desired have not been reserved for other use-at the day and hour required in the application. l0 .- (3.) '~pp'e'al. Within five '(5) days after: re- ceip.t of an ~p. Pli'cation the Dir'ecto'.r shall apprise an applicant in wrliting of his reasons for refusing a permit, and any aggrieved person shall have. the. right :to appeal in' Writing within five 1('5.) days th.' the Village Council, Which shall consider the applicati, on under the standards 'set' forth in sub- .section (.'2.) hereof and sustain or over. rule the Director's decision within five (S.) 'days. The . decision of the Village Council shall be final. (4.) EffeCt of Permi't. A permittee shall be bound by all park ~r~les an'd regulations 'and all applicable ordinances fully as. though the same were inse'rted in said permits. (5) Lia_b~i!i'ty of 'Pe'rmi'tt.e'e. The person or persons 'to. whom a .permit. is isSu~e'd shall be liable for any loss, damage, or injury sustained by any person what.e~ver by. reason of the negligence of the' .person 'or persons 'to whom such per'mit' sh-all have been issued. Within 48 hours of the end of the permit period a p'ermittee shall' remove from the park all 'tr.ash in the nature of boXes, papers, cans, bottles,, garbage and other refuse', all ins'tallations 'or equipment, and restore ~the premises to the.ir. condition prior to use. (6) Ins'u;rance' R'~:qu!.red. No permit shall' be issued 'or contin--ued-in effect unle'ss :there is in full force and effect a liability insurance- policy issued by an insurance company authorized to: do bUsine-ss -in the State 'of Minnesota in the amount of $50,000. for bOdily-injury to any one person; in the amount of $10'0,.000 for injuries to more. than one.person whi~zh' are sustained in the same accident, and $1. O~.0~01YfYor 'property damage ~ resulting from on~ 'accident. Said policy or certifihate sh~all be filed in the office of the Director. The Director may waive .this re.quirement wher~ its imposition ~oUld result in undue hard- ship or~ be inconsistent with the intent ~of this section. (.7) ReVo'c'ation. The Director shall have the authority to' 7r'ev0ke a permit upon a finding of violation of any rule 'or ordinance, or upon. good c at~s e's heWn. ('8.) 'RUllo's_ a'n'dl Relg,ullat'ion~' ..-. A'ut'h0r'itY' .For. The' Dire. ctor shall have .authority "'fr0'm tim'&..ito time to make and est'ablish rules 'and regulations, either emergency, temporary or permanent, concerning the use 'of any park or parks or any part .thereof." - 11 iS'e:Ctio'n '2 ' ::This: -ordinance sh'all' .be'. 'in. full force and e.ffeCt' T¥om .an'al' !aft'er' its pas's'.age 'and pubii'cation. " Passe'd by tkej~}:llage CoU¢cil of :th'e' Villa'ge of ,New Hope, Minnesota on tk.e':' ~::~da~ of .... ~~~.: .... ', 1~970,.. ' AtteSt"'~~""~' :,}:'' ,, (P~ubl'ished in ~the'~ Newl. HoPe-!PlYmouth iPost , 19 70,v) rections /here at and with the instruc- tions of any attendant who may be present. (2) Night Parking. Leave a vehicle standing or parked at night without lights clearly visabis for at least 150 feel from both front and rear on any driveway or road area except legally established parking areas. (3) Emergency Procedure. Fail to ?~irnmediately notify an attendant of an AND & OF THE CODE Holm*, Minaesda .New, Hop~ 0rdains: ~ot~ 1. C~ptar' 6 ~ ~ Village C~e ~is~ hereby ~me~ed by a~dtug · er~ ~e follow~ new ~cttons: "6.90 CONDUCTIN PUBLIC ~PA~S - .~.91 ~flnitlons. i~he~ver: u~d' ~ ~is Ordl~nce t~ll~ ~rms, phons, Words, and' ~helr dert~ttons gill. have the m~antu~ ~ven he~in. When not in- C0nsis~ot with ~e context, words u~d ~e p~ul ~n~ include ~e ~re, ;wolgs~in th~'ptu~l namer teclu~ ~e ~i~a~'~U~r, ~ Words in ~e not merely direetoryl Director. ! to' whom ali park at- enclosed wherever lo- gp~ce animal- term of Is mada for and vehicles in the (e) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be dssig- hated by the Director. No parson shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper, or other in- flammable material, within any park area or on any highway, road or street abetting or contiguous thereto. (f) Closed Areas. Enter an area emergency in the nature of a break- posted as "Closed to the Public," nor down requiring the assistance of a shall any person use, or abet the use No person in'any park shall: .: .(a) Disfiguration and Removal. Wfl- fall~ mark, daface, disfigure, injure, {grolier iwtth or' displace or remove any buildings, bridges, tables, benches, firePlaCes, ~ailings~ paving or paving material,~ water lines 0r other public uUlRtes or parts or appurtenances th~ereof, signs, notices or placards ~l~ether .temporary or .'permanent, mo/iumelits, stakes, 'posts or othbr boundary markers, or other strUctures 0/~~ equipment,' facilities, or park prop- ertl, or.i~p'pu.rt ena nc e s whatSOever, ,el~iier re~l 0r 'personal? ~ Co) Restrooms ~miWashrooms. Fall ~o cooperate in maintaining restrooms and~.washrooms in a neat and sanitary ion~tfti0ii..':N0' perSOn over the age ~f fOUr years shall use the restrooms ~nd washrooms designated for the op- of Natural Resources. whether tow truck, mechanic or other person, (4) Muffler Required. Fail to use a muffler adequate to deaden the sound of the engine in a motor vehicle. (g) Bicycles. (1~ Confined to Roads. Ride a bicycle on other than a paved veh- icular road or path designated for that purpose. A bicyclist shall be permit- ted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use. (2) Operation. Ride a bicycle upon a paved road'or path other than as near to the right side of the roadway or path as practicable, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable re- gard to the safety of others, signal all turn~, pass to the right of any vehicle they are overtaking, and pass to the right of any vehicles they may be meeting. (3) Rider Prohibited. Operate a bicycle carrying more persons at one time than the number for which it is designed and equipped. (4) Designated ' Racks. Leave a bicycle in a place other than a bi- cycle rack when such is provided and there is a space available. (5) Immobile. Leave a bicycle lying on the ground or paving or set against trees, or in any place or po- sition where other persons may trip over or be injured by them. (6) Night Operation. Ride a bi- cycle on any road between 30 minutes after sunset to 30 minutes before sun- rise without an attached tamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type ap- proved by the Minnesota Department of Highways which is visible from all distances from 50 feet te 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehtnle. 6.95 Recreational Activities. No person in a park shall: (a) Bathing and Swimming. (1) Designated Areas. Swim, bathe, or wade in any waters or water-ways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily desig- nated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the Director upon a finding that such. uso of the water would be dangerous or otherwise inadvisable. (2) Certain Hours. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except during such hours of the day as shall be designated by the Director for such purposes for each individual area. (3) Park Shelters. Dress or an- dress on any beach, or tn ahy vehicl% toilet, or other place, except tn such bathing houses or structure as may be provided for that purpose. )PE-PLYMOUTH POST OF PUBLICATION rock, Co) Boating. plants, down- - (1) Public Docks. Use the public docks for dockage or other purpose without first making arrangements for such accommodation with the Director, who shall assign space and collect reasonable rental charges in con- formity with established regulations or and rates. (2) Operation of Boats. Navigate, ~ into, direct, or handle any boat in, sueh a manner as to annoy or frighten or endanger .others unreasonably. (3) Prohibition D u r i n g Clostug promotion of public health, we]fare, closing hour of the park at'ni~,ht' .~" ' ' - _ w-~. :'. .... ~ - or use m not reesonably antic;- and opening hour the following morn- pared to incite violence, crime or lng, nor shall anYin, person~..~,be on, or disorderly conduct; any -~ during (2-CO That the proposed activity necessary to a fair determination as to whether a Permit should issue hereunder. (2) Standards for Issuance. The Director shall issue a permit here- under when he finds: (2-a) That the proposed activity or use of the park will not un- reasonably interfere with or de- tract from the general Public en- joyment of the park; (2-b) That the proposed activity and use will not unreasonably in- terfere with or detract from the L ?, Minnesota ..... 19 ...... of any area in violation of posted notices. (g) Loitering and Boisterousness. Engage in loud, boisterous, threaten- ing, abusive, insulting, or tudedeot language, or engage in any disorderly conduct or behavior tending to a breach of the public peace. (h) Exhibit Permits. Fafltopreduce and exhibit any permit for the Direc- tor he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordt~ nonce or rule. ;ys he is and during all ..'.he times herein stated has been (i) Interference with Perm;trees..~her and printer of the newspaper known as Disturb or interfere unreasonably with [OPE-PLYMOUTH POST any person orpariyoccupyinganyarea, ed as follows: or participating in any activity, under ~glish language in newspaper format and in column and the authority of a permit, least 900 square inches. (2) Said newspaper is a weekly Said newspaper has $0% of its news columns devoted to 6.9~ Merchandising, Adverttsh~ and ~ich it purports to serve and does not wholly duplicate Signs. No person in a park shall: mtlrely of patents, plate matter and advertisements. (4) ra'~ v~m~o~a~oaan~ ~ .... ~ municipality which it purports to serve, has at lea~t 500 offe~f~"~u~.~:''. ..... ¥.~.~'~, has an average of at least 75% of its total circulation . .. _ .my. a lcle or mmg, g arrears and~ has entry as second-class matter in its local nor snail ne station or place any ~e the stand, cart, or vehicle for the frans- New Hope and Plymouth poration~ sale or display of any such. . ..... artic~o ~ ~m,~ ..... ~ office of ~ssue m the Cxty of Crystal :n said county, estab- _~ .. ~.~ ..~.~o ~xce. p~.on .~.s here..for the gathering of news, sale of advertisements and sale of mane as ro any regularly ncenseo 1 fflcer of said newspaper or persons in /ts emp ny and subject _concessionaire acting by and under the ,~rular hours and at which time said newspaper is printed. authority and regulation of the Diroc-~-immediately with the State Historical Society. (7) Said tot. ~ conditions for at least two years preceding the day or Co) Advertising. Announce, adver-lid newspaper has filed with the Secretary of State of rise, or call the public attention in any January 1 thereafter an affidavit in the form prescribed way to any article or service for sale managing officer of said newspaper and sworn to before or hire. . legal newspaper. (c) Signs, Paste, glue, tack or otherwise post any sign, placard, ad- .6X nor shall any person erect or cause ;~' ' to be erected any ,sign whatever on any public lands or highways or rOads ........................................................ adjacent to a park unless approved by the Director. 6.98 Park Operation Policy. )m the columns of said newspaper, and was printed and (a) Hours. Except for unusual and yearbeunforeseen open doting to the emergencies, designated public every hours, parks day of shallThe the once opening and closing hours for each ...... · individual park shall be posted therein for public information. ~) Permit. A permit shall be ob-shed on every .......................... to and including rained from the appropriate DirectOr before participating in any of the fol-. 19... and that the following is a printed copy of the lowing Park activities: carnivals, com- munity celebrations; gatherings of 25 or more persons including picnics msive, and is hereby acknowledged as being the size and and political gatherings; activity con- tests including those requesting ex-lication of said notice, to wit: clusive use of charging admission; and exhibitions either as a stage pro- duction or otherwise. )pqrstuvwxyz--6 pt. News Text (1) Application. A person seeking nopqr${uvwxyz--& pi. Yn~ue issuance of a permit hereunder shall file an application with the appropriate Director. The application shall state: (l-a) The name and address of ~ ,, the appUcant; ' .~ (l-b) The name and address of /' the pers.on.,, persons, .COrl~..oration ;-;. ~. ....... ~' ...... .'-/~r~-~...%~~ ............ or association sponsotmg the ac, ! iivity, if any; . i (1-c) The day and hours for which ~ the permit is desired; ~ (l-c0 The park or portiun thereof ~.&.~..A.D., 19./.... for which such permit is desired; ~ ..... (l-e) An estimateoftheanttcipated ~ } attendance; ~/ (l-f) 'Any other information which ..~...~ the Director shah find rsasonably ORDINANCE NO. 70 AN ORDINANCE FURTHER AMENDING SECTION 3.50, SUBDIVISION (12) OF THE VILLAGE CODE RELATING TO ADJUSTMENT REQUEST ON MULTIPLE DWELLINGS. The Village Council of the Village of New Hope ordains: Section 1. Section 3.50, Subdivision (12), Paragraph (I), Clause (ii) "Other Multiple Dwellings", of the Village Code is amended to read: (ii) Other Multiple Dwellings. Ail existing uses or buildings and buildings now under construction, con- taining five or more living units, in non-conformity herewith, shall be corrected, converted, modified, adjusted, or otherwise made to comply with the above requirements not later than October 1, 1970, provided however, that the Council shall have power pursuant to Section 3.54 of this Code, to grant adjustments on the time of compliance as to all or part of the work but no adjustment shall be granted postponing the time of compliance beyond June 30, 1975. The Council may im- pose conditions in the granting of adjust- ments to insure minimum standards of safety. Sectipn 2- Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. Sectio~n 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 28th day of September, 1970~ ~.~ Attest~~ ~~.~~~ ~z'~.~.j~ ~~r -~l~k-Treasurer (Published in New Hope-Plymouth Post ~f= g~ ?" , 1970) THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being d.uly sworn, oo oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publlahcr and printer of the newspaper known as THE NEW HOPF,-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, ($) Said newspaper has 50% o6 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 clreulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than thrse months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of Hew Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hcurs .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 dlre~tion and control during ail 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~v~..~...~...~.. . .' ........................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English langui~e, once each week, for /?successive weeks' that it was 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: abcde~ghilklmnopqrstuvWxyz--6 pt. News Text abcdefghliklmnopqrstuvwxyz~6 pt. Vogue Subscribed and~rn to before ~ . (N OTARIAL~~ Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Her~ult, being duly sworn, on oath says he is and during all ~he times herein stated has been the President of The Post Publishing Co., publiaher and printer of the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper format and in column and sheet form equ/valcnt in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. ($) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Sa/d newspaper is circulated in and near the municipality which it p.urports to serve, has at least 500 copies regu.larly delivered to paying subscribers, has an average of at least 75% of its total circulation currently p/fid or no more than three months in arrears and~ has entr. y as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepln and it has its known office o.f issue in the City of Crystal in said county, estab- lished and open during its regular business hcurs for the gathering of news, sale of advertisements and sale of subscrlpt/ons 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 new~paper is printed. (6) Said newspaper files a copy of each issue immed/ately 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 Janua.ry I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said newapaper, and was printed and in the E~l~lish language, once each week, for..(./~.successlve-- weeks; that it published therein flrst.~/~so published on...~...~.~~/f// .............. the. ,~,..-~..,~ 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 oi said notice, to wit: abcdefghijldmnopqrstuvwxyz--6 pt. News Text abcdefghijklmnopqrstuvwxyz--& pt. Vogue Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and during all ~he times herein stated has been the President oi The Post Publishing Co., publisher and printer of the newspaper known as THE NEW HOPF~PLYMOUTH POST and has full knowledge of the /acts 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. ($) Said newspaper has 50% o.f its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than thrse months in arrears and~ has entr.y as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business hours/or the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his dlreciion and control during all such regular hours and at which time said. newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretury of State of Minnesota prior to ~anuary 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 furt'her atates on oath that the prlnted...~.~"/~....'~ *e'~*'~'"'~ ~ 7~"~/~ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the ~}~gilsh language, once each week, for../. .. ~uccessive weeks; that it was ~~ on everthe ~'/~' d first so published on ..... ,. ................. ay of ...................... 19.?.~. and was thereafter printed and ~ubllshed y .......................... to and including the .......... day of .......................... 19 .... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuv~rxyz--6 pt. News Text abcdefghijklmnopqrstuvwxyz--& pt. Vogue Subscribed and sWo~n to before .......... ....... Notary Public~..~ ..................... County, Minneso~ M~ Commission Expires ......................... 1~ ...... ORDINANCE NO. 70- ~/ AN ORDINA/qCE AMENDING SECTION 4. 103 RELATING TO A CHANGE IN THE MULTIPI.W.- FAMILY RESIDENCE DISTRICT BY ADDING PROPERTY TO SAID CLASSIFICATION The Village Council of the Village of New Hope ordains: Section 1. Section 4.103 of the Village Code is amended by the addition of the following: "(41) Lot 1, Block 3, Wright's First Addition." Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope, Minnesota the ~ day of .j/~~ , 1970. Mayor Attest: //~,~z~,- ?? F~ Clerk-Treasurer' Published in the New Hope-Plymouth Post~/~M~ ?~ , 1970 THE NEW HOPE-PLYMOUTH POST A~RDAV~T O~ PU~UCAT~O~ the ¥illage r 4. I03 of the Vtl- l~,,the addition Block 3, W~ht's Ftr~ ~ls o~Ce ~11 ~ ~ ~1 force ~d e~c~ ~m ~nd ~r ets ~S~ and ~icauon. ' pas~d by ~e ¥~e Co~cil of ~e V~ of New Ho~, Mlnne~ the 9~ ~Y of ~vem~r, 19q0. Edward J. Erick~ ~Y~ /s/ A~est: STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being ditly 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 oi the newspaper known as THE NEW HOPE-PLYMOUTH POST and has full knowledge of the ~acts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has $0% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least ~ copies regnlarly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab. llshed and open during its regular business hours for the gathering o{ news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his dlrectlOn and control during all such regu. lar .h!~. rs and at which time said., newspaper is prlnted~ (5) Said newspaper files a copy of each issue ~mmedxately with the State Historical Socxety. (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 I, 1966 and each J[anuary I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the manailng 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 n ach week for / s -cesslve weeks that it was published therein in~the E~llsh language, o .ce · ..... the ×¢ d,v o, first so published on..~.x.- ....... ~-'-~.~ ......................................... 192..~ and was thereafter printed and published on every .......................... to and including the .......... day of ..........................1~ ....and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--6 pt, News Text abcde{ghliklmnopqrstuywsyz~6 pt. ¥ogue 7 ....... (NOT~ Notary Publlc, ........................ County~ Minnesota ~ly Commission Expires .........................1~ ...... THE NEW HOPE-PLYMOUTH PO~T AF~DAVff O~ PUBUCAT~ON STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and during all ~.he 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 /acts herein stated as follows: (1) Said newspaper is printed in the English language in new~paper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said news~paper has $0% nf its news co).umns 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 $00 cOpies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more tban three months in arrears an& has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New }lope and Plymouth in the County of }lennepin and it has its known office o~f issue in the City of Crystal in said county, estab- lished and open dur/ng its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his direation and control during all such regu. lar .h~u. rs and. at which time .said.. new~paper is..p, rin~te.d. (6) Said newspaper files a copy of each issue tmmedtately with the State Hxstorteal Society. L/) smd newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publieation mentioned below. (8) Said newspaper bas 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. ,, ,urther ,ta,,, on oa,h tha, the .............. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the~r~_~ z~ ..E~ltsh language, once / ~/~.i~ /~Jw each week, for .... ~t~cesslve weeks; that it as 192.~, and wa~ 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: abcdefghljklmnopqrstuv~xyz--6 pt. News Text abcdefghiiklmnopqrstuvwxyz--& pt. Vogue (~oT~ ~' Notary Public, ........................ County, Minnesota My Commission Expires ......................... 19 ...... THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and during all ~he 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 /acts herein stated as follows: (1) Said newspaper is printed in the English langua§e in new~paper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% o.f 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 copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than thrse months iu arrears and~ has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- lished and open during its regular business h~urs/or the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of sa/d newspaper or persons in its employ and' subject to his direction and control during all suc.h regt~.lar .h~u. rs and. at which time~.said., n.ew~paper is..p, rin~te.d; (6) Said newspaper files a copy of each issue immediately w:th the State ~tstorlcaJ society, ti) ~aaa newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publ/cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota pr/or 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 pr/nted .......... ~. .................................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the Enjglish language, once each week, for..~...s;u~cessive weeks; that it was ,,,,, ,. ............ 19.~ ~d w~ thereafter printed and published on every .......................... to and including · e .......... day of .......................... 19 .... and that the following is a printed copy of the lower case ~phabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication oi said notice, to wit: a~ddghijklmno~rstu~yz--6 pt. News Te~ abcdei~hl]klmnopqrstuvwxyz--t pt. Vogas Subscribed and ~wo~ befor~ =e thl, day of. Notary Public, ........................ County, Minnesota ~,/[y Commission Expires ......................... 19 ...... ORDINANCE NO.: '7-0,-..~ AN iORDINANCE AMENDINfl SECTION 4..103. RBLAT INGi..TO 'cHANGE I N~ MULTIPLE- FAMILY 'RES IDENCEi DISTRICT '.BY ADDING PROPERTY . TO LAND CLASSIFI'CATIiON . The Vil'lage Council of the Vill.age of NeW. Hope ordains: 'Se'¢lti:on' 't. Section. 4..'.10'3. of the Village Co.de is amen.Red by..~'.e' '.addit'i.on of tke '.following to: be 7ins'erte.d after para'graph 40 tker'eOf: "(4:'1.) That part of Lot 1, :Block 2,. Meadow Lgke Terrace, lying So'uth of a Iine drawn, parallel to the soutkerly line of said lo't,i 'from--a point 'on :th'e Wes.t- line 'ithereo'f, distant 125: feet northerly of the s°UthweSt-erly corner of said lot,. and extending eas.t'erly' to~ eas.t'e'rly Iine tkereof'.'' S'eC'L'i~onl 2. .This o.rdinance sh'all be in full force and e'ffect ..fro~ a~d :after its pas'sgge 'and publication. 'Passed by the Village CoUncil of tke Vill.age 'of New Hope, MinneSota tke' '/~. -day' of '~ ~ ~'~;- , 1970.. / Atte:St: '. ~ ~.~ ~"'_ ~~-T r.e as u'r~. Publ'ished in th.e NeW Hope-Plymouth Post f}~~ ~ ~ , 1970. THE NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION line c/ said ~ the West line , Pouliot, Clerk-Trees, in The New Hoge, PlY- mouth POS~ Decembe_r~ 19~/0~) . STATE OF MINNESOTA COUNTY OF HENNEPIN SS. E. C. L'Herault, being duly sworn, on oath says he is and during ali 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 /acts 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% o.f its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to .paying subscribers, has an average of at least ?5% of its total circulat/on 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 Villages of New Hope and Plymouth in the County of Hennepin and it has its known office oi issue in the City of Crystal in said county, estab- lished and open during its regular business hc. urs .for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his direotion and control during all such regular hours and at which t/me said, new~paper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (?) Sa/d 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 ~innesota prior to January 1, 1966 and each January 1 thereafter an affidavit in tile form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed .... ~..??. :/~..~.~.~. ...... [ ............ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for.../....suy~cesslve we~eks; that it was first.~/~so published on. ·. ~i.~.~.~. ~/../.~'~- -~/ ............ the...~--?-'-.~day~ of .~/~.~.-~. 19.~./.~Yand 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: abcdefghtjklmnopqrstuvwxyz--6 pt. News Text ebcdefgh|jklmnopqrstuYwxyz~ pt. Vogue ..... ...... ..... Notary Public, ........................ County, Minnesota ~ly Cmnmission Expires ......................... 19 ...... ORDINANCE NO. 70 ~.23 AN ORDINANCE ADOPTING THE CODIFICATION OF NEW HOPE VILLAGE ORDINANCES AND GIVING NOTICE. OF THE AVAILABILITY THEREOF. The Village Council of the Village'of New Hope hereby ordains: 'SeC'ti'on 1.. ~ The' codification of ordinances. of the vi.~i-age' °~New °~ntained in Chapters. 1 through 13, and Appendi.des A thr. ough B herein is hereby declared to'be the law of the Vill'agb 'of New Hope, made in accordance with Minnesota Statutes '~-412.191 (Subd. 5). 'Selct'ion 2. ' Repeals.' All o.rdinances-enacted by the Village o~' Ne~ ~°~e 'pfi~0r -t~ enactment of the codification of the ordinances contained in Chapters 1 :through 13, and Appendices.A through E,.'are hereby repealed, except Ordinances Section 5. E'ffeCtive D'ate. The codification of ordinance's ~a~'d' re~qo-lut¥.~ns-contain'~d in Chapters. 1 through 13, and Appendices A through E herein is 'effective from and' after the date of the' second publ'ication of this adopting ordinance. SeCtion 4. Notice. Notice is hereby given that copies of this cbdi'ffca~{on a{e a~ailab.le at ~th.e office of the Village Clerk. Section 5. 'Publication of 'NOtilce. The Cl.erk-T~easurer shall 'caus~'th~.{s~rdi~an~e a~'d n0tic~'io~ ~e published~for t~o (2)'. successive ~e.eks in the New Hop.e-PlYmouth Post. Passed by the Village 'Council this 2. Sth :day of Decem- .,' ...... ~ Maybr ~G~¥k.-'Treas'urer . Published in the iNew Hope-Plymouth 'Post the 7th day .of January, 197'I and th.e '14:th :day of January, 1971. THE NEW HOPE-PLYMOUTH PO~T AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS, E. C. L'Herault, being duly sworn, on oath says he is and during ail the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as 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 eqt~ivalent 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 news~paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least ?5% of its total circulation currently paid or no more than three months in arrears audi has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Villages of New Hope and Plymouth in the County of Hennopln and it has its k~own office cd issue in the City of Crystai in said county, estab- lished and open during its regular business hours .for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the manaEing officer of said newspaper or persons in its employ and subject to his direction and control during ail such regular kours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) S~id newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January i thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary publle 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~l~sh language, once each week, for..~_~ccessive /w~eks; that it was ,,-,,. ............ ......... ' ' ~lish--on ever' ~.~.~.~.~¢~fY_..t0 and Cincluding 19..A//. and~s there~er printed ana pu is e~l ~ ................ .~y ... lower case alphabet from A W Z, bo~ inclusive, and is hereby acknowledaed as bein~ the size and kind o{ t~pe used in the composition and publication of said notice, to wit: a~d~hll~mnopqrstu~yz--6 Pi. Newa abcdefghijklmnopqrsfuvwxyz~i Pt. Vogue Subscribed and eworn~o before ,/~ m ' //'~ ~ day of ~'~-/'~ ........ A.D. 19.. ~.-~... Notary Public,. ....................... County, Minnesota My Commission Expires .........................