1976 ORDORDINANCE NO. 76-1
AN ORDINANCE AMENDING SECTIONS 8.11 AND 8.12, SUBD.(2) OF THE
CITY CODE RELATING TO FOOD HANDLING: LICENSE REQUIRED AND
LICENSE FEES FOR DELIVERY VEHICLES
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section I. Section 8.11, License Required, is amended to
read as follows:
8.11 License Required.
No person shall operate, or cause to be operated, a
plant or establishment Within the City limits of New Hope
involving the manufacture, processing or distribution of
food as defined in Minn. Stats. 28A.03 (d) (I-3), without
first obtaining a license therefor as provided for in
Sections 8.00 through 8.08.
No person shall operate or cause to be operated,
directly or indirectly, any equipment, principally lo-
cated within the City of New Hope, and used for the delivery
or distribution of food without first obtaining a license
therefor.
Section 2. Section 8.12, License Fees, Subd.(2), Food
Vehicles, is amended to read as follows:
Subd. (2) Food Vehicles.
$15.00 for each vehicle or other piece of equipment,
principally located in the City of New Hope, and used for
the delivery or distribution of food.
Section 3. This ordinance shall be effective from and after
its passage and publication.
Passed by the City Counci of the City of New Hope this
day of ~~/~ , 1976.
.~ ....... dward~__~r-~ckson, Mayor
ATTEST: ~ ~
Be~~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the W~
1976.)
day of ~r~
/
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., publi,sher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which if purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
total c~rculation currently paid or no more than three months in arrears and has entry as second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control
during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files e copy of each
issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions
for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of AAinnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form
prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn fo 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~Enghsh~once each week, for.../.., successive weeks; that it was first so published on ~~~.
.......... day~ .'~...~7.... 19../..' .u~... 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--51/2 pt. Sans
(NOTARIAL SEAL)
Notary Public ............................... County, N~innesofa
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 2
AN ORDINANCE RELATING TO CHAPTER 10
OF THE CITY CODE RELATING TO PROVISIONS
FOR "ON SALE" WINE LICENSES IN RESTAURANTS
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Chapter 10 of the City Code, Regulation of the Sale and
Consumption of Intoxicating Liquors and Non-Intoxicating Malt Liquors, is
hereby amended by adding the following:
10.51 Definitions.
(1) "On Sale Wine Licenses" shall mean a license permitting
the sale for consumption on the premises only, of wine
not exceeding 14% alcohol by volume, in conjunction with
sale of food.
(2)
"Restaurant" shall be defined as stated in Section 10.01
(09) of this Chapter, except that seating shall be required
for not less than 50 guests.
10.52 License Required.
In addition to a~y other provision of this Chapter, any person
owning and operating a restaurant, may obtain a license for the on
sale eonsumption of wines as defined in Section 10.51 (1).
10.53 Application Required.
No license shall issue under this section until the applicant
has provided the information required by Section 10.14 of this
Chapter, unless such information has already been provided pur-
suant to the application for a license under said sections. The
Council may, in its discretion, require that the applicant furnish
additional or current information if it feels that the same is reason-
ably necessary to adequately consider the merits of the application.
Ail applications shall be made on forms approved by the City
Manager.
10.54 Investigation and Granting of Licenses.
Ail applications made under this section shall be investigated
in the manner provided in Section 10.15 (1), unless modified or
waived by the Council because the applicant is already licensed pur-
suant to Section 10.12.
10.55 Renewal Licenses.
Applications for renewal of licenses under this section shall
be made in conjunction with any license issued to the person and
shall be subject to the same requirements applicable to renewal of
any other license held by the licensee.
10.56 Sunday Sales.
Regardless of the provisions of any other section of this Code,
Sunday sales of wines shall be permitted only if the licensee obtains
a special license for Sunday sales.
10.57 Fees.
Subd. (1)
The annual fee for a wine license shall be $ ] ,000
Subd. (2)
The payment of the initial license fee shall be made
within 60 days after approval of the application by the City
Council or Certificate of Occupancy, whichever occurs first,
and on January 10 thereafter. Ail license fees shall be paid
into the general fund and shall not be refundable. No license
shall be issued until the fee is paid in full.
Subd. (3)
The initial fee for a license shall be prorated on a monthly
basis, including the month in which the application is approved.
10.58 Applicability of Other Provisions of this Chapter.
The following sections of this Chapter governing "On Sale"
licenses for the sale of intoxicating liquor are made a part of this
section as though fully set out herein:
-2-
Section 10.49
Section 10.411
Section 10.412
Section 10. 413
Section 10. 414
Section 10. 415
Section 10. 416
Section 10. 417
Section 10.418
Section 10.419
Section 10. 420
Section 10. 421
Person Ineligible for License
Places Ineligible for License
Conditions of License
Restricted Hours of Operation
Public Character of Liquor Sales
Restrictions Involving Minors
Bond; if no bond has previously been posted
pursuant to this section and approved by the
Council for the applicant and the premises
covered by the application.
Suspension and Revocation
Licensing of Employees
Penalty
Enlargement, Alterations or Extension
of Premises
State Statutes Incorporated by Reference
Section 2. This ordinance shall be effective from and after its passage
and publication.
March
Attest:
Passed by the City Council of the City of New Hope the 22nd day of
, // /
~~__~~ / EdwaJJ.~ Erickson, Mayor
~Bet~y ~l~ot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 1 st day of Apri 1
,1976.)
-3-
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
EE. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of
The Post Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has fo Il knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of Crystal ~n said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or personsin its employ and subiect to his direction and control
during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each
issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions
for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of Ntinnesota 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..~c~..~......~..2.... 2 .~...-...~' ............................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publish,ed therein in
the'Engh~guage, once each week, for../...successive weeks; 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:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
...... ..............................
Subscribed and sworn to before
m ~
......... dayef. .....
..................................................
~o**ry ~ublic, .............................. County,
~y Commi*~ion ~xpire~ .............................. 19 ......
ORDINANCE NO. 76- 3
AN ORDINANCE AMENDING SECTION 9.86,
SUBD. (2) OF THE CITY CODE PERTAINING
TO OAK WILT AND DUTCH ELM DISEASE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 9.86, Subd. (2), Council Action, is repealed
and removed from the Code.
Section 2. This ordinance shall be effective from and after its pas-
sage and publication.
Passed by the City Council of the City of New Hope this ]2th day
of An~.~l , 1976.
Attest:
/" E~/~'~ J. Erickson, Mayor
B ~¢r~"l~oUliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 22nd
1976.)
day of April
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of
The Post Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons.in its employ and subject to his direction and control
during all such regular hours and at which time said newspaper is printed. (6] Said newspaper files a copy of each
issue immediately with the State Historical Society. (7] Said newspaper has complied with all the foregoing conditions
for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form
prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed..~./.~...~~ . .~.... ,~c~ -~
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and---- //,-~publi~ed therein in
the'English language, once each week, for.../.., successive weeks; that it was first so published on..
~f~'~'J 19'~ and was thereafter rlntedand ub
the~.~.. .... Y "~'~'~'"~? ............... P' P .ished on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication Of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sw~or~n~ before
me this....c~...~.....~.,. ....... day of.,, ~/.~~ AD 19 '~ ~'
(NOTARIAL SEAL]
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76-4
AN ORDINANCE REGULATING THE TRIMMING
AND CARE OF TREES OR LIMBS OF TREES IN
THE STREETS AND BOULEVARDS OF THE
CITY OF NEW HOPE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The City Code is hereby amended by the addition of the
following sections:
9.220 TRIMMING AND CARE OF TREES
IN STREETS AND BOULEVARDS
9.221 Objective.
The free a~d unimpeded circulation of vehicular pedestrian
traffic (including cyclists), hereinafter referred to as "traffic",
within the City on the public streets and adjacent right of way is
deemed to be in the best interest of the public health, safety and
welfare, and the obstruction of such free circulation of traffic is
found and declared to be a public nuisance.
9.222 Trees and Bushes in the Public Right of Way.
The blocking of or interference with traffic by branches
of trees or bushes is hereby determined to be a public nuisance
in these circumstances:
Within the surfaced or traveled portion of any street, in-
cluding the curb, if any, to a height of 12 feet, as measured
vertically from the edge of street (excluding the curb).
Over any sidewalk in the boulevard portion of any public
street, to a distance of eight feet as measured vertically to
surface of the ground, between the edge of the sidewalk
closest to the adjacent property line, and the curb or edge
of travelel right of way.
9.223 Responsibility for Enforcement.
The Tree Inspector for the City of New Hope shall be responsible
for the enforcement of this ordinance within the usual organizational
structure of the City administration.
9.224 Procedure for Abatement.
Upon a determination by the Tree Inspector that a nuisance
as described herein exists, the Tree Inspector shall follow the
abatement procedure for trees in imminent danger prescribed in
Section 9.86 of the City Code.
9. 225 Costs of Abatement.
Costs of abatement if not earlier paid by the adjacent property
owner, shall be assessed against the abutting premises in the same
manner and procedure as set forth in Section 9.86 of the City Code.
Section 2. This ordinance shall be effective from and after its passage
and publication.
April
Attest: ~~
'~({fi~{ot, Clerk-Treasurer
Passed by the City Council of the City of New Hope the 1 ~h day of
, 1976.
Ed~fl~'d J. Erickson, Mayor
(Published in the New Hope-Plymouth Post the 22nd day of
1976.)
April
-2-
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of
The Post Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control
during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each
issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions
for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of N~innesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form
prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed ...~.,~'~~~.. ~ Z .~. ~ ..~. ..............
the'Englishlanguage, onceeachweek, for...Z.successiveweeks;thatitwasfrstsopub shedon ~ ~'~'
the
.c~...c~..... day of.7_ .~"~g.. _ ....... 19~...~... and was thereafter printed and pub shed on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication Of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn~t~ before
me this d'~ ~ day o,.~ A D ,92.~.
..............................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 5
AN ORDINANCE AMENDING CHAPTER 11 BY
DELETING THE EXISTING SECTION 11.52 AND
SUBSTITUTING A NEW SECTION 11.52
(AUTHORIZATION TO ISSUE TICKETS).
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Chapter 11 of the City Code of the City of New Hope is amended
by deleting Section 11.52 (Authorization to Issue Tickets) and substituting therefor
the following Section 11.52.
11.52 Authorization to Issue Tickets.
The Council hereby confers the power and authority to issue
and serve a written or printed notice, hereinafter referred to as a
ticket, upon persons charged with ordinance violations, upon the
Director of Police and all duly appointed and acting police officers,
the Director of Protective Inspections, the Fire Marshal, the Build-
ing Official, and General Inspectors duly appointed in the Department
of Protective Inspections, and the animal patrol warden, provided,
however, that no such persons shall arrest or otherwise take a
violator into custody, except the Director of Police and police officers
may make such arrests as are permitted under the laws of arrest.
Such ticket shall be served upon the person creating the violation,
the lessee, or person in charge of the premises alleged to be in vio-
lation.
Section 2. This ordinance shall be effective upon its passage and publi-
cation.
Passed by the City Council of the City of New Hope the ] 2th
April , 1976.
Attest:
B d[~j~liot, Clerk-Treasurer
day of
(Published in the New Hope-Plymouth Post the _.~ day of ADr~ ] , 1976. )
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of
The Post Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(]) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
total circulation currently paid or no more than three months in arrears end has entry as second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control
during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each
issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions
for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form
prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
notary public stating that the newspaper is a legal newspaper,.
He further states on oath that the printed..~~~... ~.....~..~..~-. ~ ..........................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publ~ed therein in
the'Englishl.~ang~cje, onceeachweek, for../...successiveweeks;thatitwasfrstsopub shedon .~...~...~..~
theC~c>~ . .~aay of. ~-'~-~ 19 ,~ and was thereafter ...............
............ ~'~. '-- '~-~ .............. printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication Of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans
Subscribed and sworn to before
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
AAy Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 6
AN ORDINANCE AMENDING THE CITY CODE
BY SUBSTITUTING A NEW SECTION 12.14,
SUBD. (2) (EXCEPTIONS TO PROHIBITION
AGAINST DISCHARGING BOW AND ARROW) .
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Chapter 12 of the City Code is hereby amended by substituting
the following Section 12.I4, Subd. (2) for the existing Section 12.14, Subd. (2)
(Exception to Prohibtion Against Discharging Bow and Arrow).
12.14 Bow and Arrow.
Subd. (2) Exception.
This section shall not apply to the shooting or dis-
charging of any bow and arrow which is designed
as a children's toy, and the arrowhead of which
consists of a rubber suction cup or other soft, pliable
and harmless material.
be
This section shall not apply to an archery range
which is situated on public school grounds in the
City, under conditions of supervised instructional
or supervised practice. The adequacy of the safety
conditions and of the supervision of such archery
activities of the school established regulations per-
taining to same shall be approved or disapproved
by the City Director of Parks and Recreation, subject
to the right of appeal to the City Manager, then to the
City Council. If approved, the school shall be issued
a permit on an annual basis, subject to revocation by
the issuer if the terms and conditions of approval are
not adhered to by the permittee, with the same rights
of appeal that apply to the issuance of such permit.
There shall be no charge for such permit.
Section 2 This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the ] 2th
April , , 1976.
Attest:
day of
Be{t~x~/iot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 22nd day of April
,1976.)
-2-
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of
The Post Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons.in its employ and subject to his direction and control
during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each
issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions
for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form
prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
notary public stating that the newspaper is a legal newspap.er.
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 la~ng~u~ge, once each week, for../.., successive weeks; that it was first so published on ..~~
the (:>')~L ~.Zda~ay-of ' 19''~ and was thereafter printed and published on every
to and including the .......... day ot ........................ 19 ...... and that the followin~ i~ 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:
abcdefghiiklmnopclrstuvwxyz--5V2 pt. Sans
Subscribed and sworn to before
me this..~....~...'~ ...... day of.~ .... AD, 19'~
............................................
(NOTARIAL SEAL)
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- Y
AN ORDINANCE AMENDING CHAPTER 9 OF THE
CITY CODE RELATING TO FIRE REGULATIONS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Chapter 9 of the City Code is hereby amended by deleting
Sections 9.00 through 9.11 and substituting therefor the following:
9.00 FIRE PREVENTION REGULATIONS
9.01
Fire Prevention Code.
Subd. (1) Adoption.
There is hereby adopted by the City of New Hope for
the purpose of prescribing regulations governing conditions
hazardous to life and property from fire, maintenance of build-
ings and premises, explosion and other like emergencies that
certain code known as the Fire Prevention Code recommended
by the American Insurance Association, being particularl~ the
1970 Edition (including October, 1972 revision) thereof and The
Minnesota Uniform Fire Code, October, 1975 Edition, .and the
whole of each thereof, save and except such portions as are
hereinafter deleted, modified or amended, of which codes not
less than one (1) copy of each have been and now are filed in the
office of the Clerk-Treasurer of the City of New Hope and the
same are hereby adopted and incorporated as fully as if set out
at length herein, and from the effective date of this ordinance
shall take effect. The provisions thereof shall be controlling
within the limits of the City of New Hope.
Subd. (2) Definitions.
(a)
Whenever the words "municipality" or "authority
having jurisdiction" are used it shall be held to
mean the City of New Hope.
(b)
Wherever the term "corporate counsel" is used in
the Fire Prevention Code, it shall be held to mean
the City Attorney.
9.02
The said American Insurance Association Fire Prevention
Code, being particularly the 1970 Edition (including October, 1972
revision) is amended and changed in the following respects:
(a)
Section 14.2 is amended by deleting the following:
· . . except dwelling units of multifamily dwellings...
(b)
Article i is amended by adding thereto and inserting
after Section 1.13, the following to be known as 1.14:
"1.14 Stairways. Stairways and steps in all com-
mercial buildings and industrial buildings hereafter
constructed or repaired by the reconstruction of such
stairways or steps shall be of noncombustible material."
(c)
Section 28.3 is amended by adding thereto and inserting
therein after paragraph d the following to be known as
paragraph e: "Smoking of tobacco in public schools, in-
eluding the corridors and vestibules thereof, is hereby
expressly prohibited whether a 'No Smoking' sign is
posted in such locations or not. This prohibition shall
not apply to faculty lunchrooms, faculty lounges and
boiler rooms."
(d)
Section 27.7 is amended to read as follows: "In each room
where chairs, or tables and chairs, are used, the arrange-
ment shall be such as will provide for ready access by
aisles to each exit doorway. Aisles leading directly to
exit doorways shall have not less than 36 inches clear width
which shall not be obstructed by chairs, tables, or other
objects. The seating of persons in aisles or passageways
in places of assembly is prohibited."
(e)
Article 28 is amended by adding thereto and inserting
therein after Section 28.16 the following to be known as
Section 28.17: "28.17 Attendants. Ail nursing homes,
m~ homes, board and care homes, as defined by the State
Board of Health, shall have one or more attendants, and
at least one of them shall be on duty, awake and fully
dressed at all times."
(f)
Article 28 is amended by adding thereto and inserting
therein after Section 28.17 the following to be known as
Section 28.18: "Open Flames on Apartment Balcony.
No person shall kindle, maintain or permit any fire or
-2-
9.03
open flame on any balcony above ground level of a multiple
dwelling or apartment in any barbecue, torch, or other
similar heating, burning or lighting apparatus, equipment
or device or storage of same."
The Minnesota Uniform Fire Code is amended to the following:
(a) Section 1.203 is amended as follows:
Bureau of Fire Prevention.
The Fire Prevention Code shall be enforced by the Depart-
ment of Protective Inspections of the City which is hereby
established and which shall be operated under the super-
vision of the Director of Protective Inspections (hereinafter
called "Director").
(1) Fire Marshal.
The Fire Marshal in charge of the Bureau of Fire
Prevention shall be appointed by the City Manager.
(2) Fire Inspectors.
The Director may detail such of its members as in-
spectors as shall from time to time be necessary. The
Director shall recommend to the Manager the employment
of technical inspectors. Appointment shall be made by
the Manager.
(3) Report.
A report of the Bureau of Fire Prevention shall be
made annually and transmitted to the Manager; it shall
contain all proceedings under this Code, with such
statistics as the Director may wish to include therein;
the Director shall also recommend any amendments to
the Fire Code which, in his judgment, shall be de-
sirable.
(b)
Section 27.206 (c) is amended by adding new paragraphs to
read as follows:
-3-
(e)
(1)
(2)
Definition: As used herein the term "Christmas tree"
means any natural tree which has been cut down, set
up, used, installed or maintained within any building,
structure or tent for decorative or commemorative
purposes.
Rules in Public Places. Every hospital, rest home,
institution, school, church, hotel, clubroom and
store and every place of public assembly or place
of business to which the public is invited which shall
use, keep, install or maintain Christmas trees,
electrical decorations or the like, shall observe and
comply with the following regulations:
(a)
Every tree used for Christmas decorations regard-
less of the type of tree, shall be placed, kept and
maintained so that the butt or bottom end of the trunk
is at all times immersed in not less than 2 inches of
water.
(b)
No trees used for Christmas decorations or display
shall be placed in or immediately adjacent to exit
areas, light wells or stairwells in the building
where the decoration has been set up.
(3)
Removal for Violations. The Fire Prevention Bureau
may disconnect or remove any tree or other Christmas
decorations in violation of this subsection.
Section 13.209, paragraphs (a) and (b) are stricken and new
paragraphs are inserted to read as follows:
Fire Lanes.
(i)
Orders Establishing Fire Lanes. The Fire Marshal
in charge of the Bureau of Fire Prevention is hereby
authorized to order the establishment of fire lanes
on public or private property.as may be necessary in
order that the travel of fire equipment may not be inter-
fered with, and that access to fire hydrants or buildings
may not be blocked off. When a fire lane has been
ordered to be established, it shall be marked by a sign
bearing the words "NO PARKING -- FIRE LANE" or a
similar message. When the fire lane is on public
property or a public right-of-way, the sign or signs
shall be erected by the City, and when on private
-4-
(d)
property, they shall be erected by the owner at his own
expense within 30 days after he has been notified of the
order. Thereafter, no person shall leave a vehicle
unattended or otherwise occupy or obstruct the fire lane.
(2)
Impoundment. When any motor vehicle occupies or
obstructs any duly designated fire lane in a manner
inconsistent with its intended use for fire protection
purposes, or prevents access to any fire hydrant in the
normal and usual manner by fire protection personnel and
equipment, the Fire Marshal or police department per-
sonnel may order the impoundment of the vehicle, after
first making a reasonable effort in the immediate vicinity
to ascertain the identity and location of the owner or
other person leaving the vehicle in the fire lane. No
vehicle impounded pursuant to the provisions of this
section shall be released until a release is obtained
from the Police Department and all towing and storing
charges have been paid.
(3)
Temporary Use of Fire Lanes. The Fire Marshal in
charge of the Bureau of Fire Prevention is hereby
authorized to determine and designate on a temporary
basis, those fire lanes established under Section 13.209
and orders pursuant thereto, upon which parking of
vehicles shall be permitted when in his opinion, necessary
for public safety or convenience. The Fire Marshal
shall cover with a locked canvas bag bearing the words
"Fire Lanes Not Enforced" each sign erected under
Section 13.209 designating the fire lane when parking
thereon is allowed.
Section 13.307, paragraphs (a), (b), (c) and (d) are stricken
and new paragraphs are inserted to read as follows:
Automatic Fire Detector and Alarm Systems
(1) Local Protective Signaling System 1972 Edition Adopted.
There is hereby adopted by the City and incorporated
into this Code for the purpose of prescribing standards
for the installation, maintenance and use of local pro-
tective signaling systems, that certain code known as
"Standard for the Installation, Maintenance and Use of
Local Protective Signaling Systems for Watchman, Fire
Alarm and Supervisory Service", prepared by the
National Fire Protection Association, for general
-5-
(2)
circulation and use, as the same appears in a pamphlet
entitled "Local Protective Signaling Systems 1972" (here-
after referred to as NFPA No. 72), save and except Such
portions as are hereafter modified or amended, of which
Code three copies have been marked "Official Copy" and
filed for reference and inspection in the office of the
Clerk-Treasurer.
Definitions.
The following words and phrases when used in Section
13. 307, shall have the meanings set out herein:
(a) Approval.
"Approval" means all equipment shall be listed and
meet approval of Underwriter's Laboratories, Inc.,
Factory Mutual, or other nationally recognized
testing agency. Manual stations and fire detection
systems shall be used for fire protective signaling
purposes only.
Approved.
"Approved" means accepted by the Fire Marshal as
a result of his investigation and experience, or by
reason of test, listing or approved by Underwriters'
Laboratories, Inc., Factory Mutual, or other nationally
recognized testing agencies.
(c) Automatic Fire Detection and Alarm System.
(d)
"Automatic fire detection and alarm system" means
an approved system of automatically operated heat,
smoke and combustion sensing devices, together
with manual pull stations as required, which through
approved coding transmitters, annunciator panels,
or combination thereof and an approved supervisory
type fire alarm panel shall actuate audible and/or
visual alarms throughout the building, and shall
provide a light or bell on the exterior of the building,
as specified by the Fire Marshal for said purpose.
Listed.
"Listed" means equipment or materials included in
a list published by a nationally recognized testing
-6-
(3)
laboratory that maintains periodic inspection of produc-
tion of tested equipment or materials and whose list-
ing states either that the equipment or materials meet
nationally recognized standards or has been tested
and found suitable for use in a specified manner.
(e) Public Occupancies.
"Public Occupancies" shall mean all occupancies
described in Sections 4-111 through 4-121, save
and except Section 4-115 (e) of the NFPA Life Safety
Code, ] 973Edition.
Automatic Fire Detection and Alarm System: When
(4)
(5)
Recluired.
Every building of every multiple residence containing
three or more living units shall be provided with a fire
detection and alarm system. Every other public occupancy
may install such a system after obtaining a permit to do so
in the manner described in Section 4 below.
Installation Permit Required.
No fire detection or alarm system shall be installed in
any public occupancy without a permit first being ap-
proved for this purpose, by the Fire Marshal. Such
permit shall be issued upon furnishing satisfactory
evidence to the Fire Marshal of compliance with the
requirements of NFPA Pamphlet No. 72A, 1972 Edition,
adopted heretofore by reference, and Section 13. 307 of
this Code.
Detailed Requirements.
(a) Wiring..
Ail wiring shall comply with the requirements of
NFPA No. 72A.
(b) Electric Service.
Electric service to fire alarm system control panel
shall be taken from a point ahead of the building
main disconnect and through a circuit breaker
or fused disconnect, clearly labeled, painted red,
and locked in "On" position.
-7-
(c) Control Panels.
The control panel shall be electrically supervised,
closed circuit, non-coded, with automatic standby
emergency power supply capable of complete operation
independent of local power conditions, automatic lock-
in and two signal circuits. The electrical circuits
connecting the control panel, alarm stations and de-
tector circuits shall sound in the event of failure on
any of the electrical circuits. In addition, a remote
trouble signal shall be provided in a corridor or
other approved occupied area. The panel shall be
enclosed in a locked metal case, red in color.
(d) Manual Pull Stations.
Manual pull stations Shall be red in color, and located
in each corridor of each story, basement or cellar, so
that from each corridor door, not more than one
hundred (100) feet will be transversed in order to
reach a manual station. Stations shall be located
as near as possible, and not more than five (5) feet
from each stair exit. Where corridors are not pro-
vided, manual stations shall be located so that no
point in the building is more than one hundred (100)
feet from a station. Manual stations shall be located
at or near each exit from the building. The height
of the manual stations shall be not more than five
(5) feet and not less than four and one-half (4-1/2)
feet, measured vertically from the floor level.
(e) Sounding Devices.
Alarm sounding devices shall be provided of such
character and so distributed as to be effectively
heard in every room above all other sounds. Visual
and audible alarms shall be provided in occupancies
housing the hard of hearing. Alarm sounding devices
shall be distinctive in pitch and quality from all
other sounding devices in the building.
(f) Fire Detection Devices.
Approved fire detection devices shall be installed
in strict accordance with spacing ratings assigned
by the approval agency listing the device and/or
the spacing regulations provided in NFPA No. 72A.
-8-
(6)
(7)
Smoke or combustion detection devices shall have
full electrical supervision to indicate internal
component failure.
(g) Annunciators.
Fire alarm annunciators or zone indicator panels
shall have power and wiring electrically super-
vised, shall lock in on alarm until the system is
manually reset, and shall be located as approved
by the Fire Marshal.
(h) Automatic Magnetic Door Holders
Automatic magnetic door holders shall be installed
on all fire or smoke barrier doors in corridors in
a manner which will insure the doors automatically
closing when the fire alarm system in the building
is activated.
Existing Multiple Residence Dwellings.
As to Multiple Residences, automatic fire detection and
alarm systems provided or installed in an existing build-
lng shall comply with the standards provided in this
subdivision, provided that notwithstanding clause (5)
(f) of this subdivision, fire detection devices shall be
installed as follows: In all bedrooms or rooms for sleeping
quarters, in a living, dining and kitchen combination room
if a ceiling drop of less than 12 inches is used -- if a drop
of more than 12 inches is used additional devices shall
be installed. Detection devices shall be installed in all
corridors at intervals not to exceed 50 feet, in all boiler
rooms, laundry rooms, storage areas, fire towers and
at the top of all elevator shafts and/or the locations noted
in paragraph 3431, Chapter 3 of NFPA No. 72A. The fire
detection devices shall be located in the rooms so that
their operation will be least affected by structural
characteristics of the protected area, possible drafts
or other conditions affecting detector operation, which
locations shall be subject to the approval of the Fire
Marshal.
Testing.
All such alarms and systems installed under this Code
shall be subject to testing by the Fire Marshal or other
-9-
City Inspector before acceptance, and shall thereafter
be tested annually by an agency approved by the City.
Ail such annual tests shall be conducted in a manner
approved by the Fire Marshal, pursuant to authority
vested in him by NFPA No. 72A.
(8) Existing Systems: Extension.
If an existing automatic fire detection and alarm system
is in conformity with the provisions of this Code, the
system may be extended into new additions, providing
the existing system is of sufficient capacity for the new
expansion, and provided the existing system be re-
furbished so that the completed system shall comply in
every way with the Code.
(9) Fee.
There shall be payable at the time an application for a
permit is submitted, a minimum fee of Five Dollars ($5),
and One Dollar ($1) per One Hundred Dollar ($100)
valuation of any system or fractional part thereof One
Hundred Dollars ($100) in excess of Five Hundred
Dollars ($500).
(e)
Section 13.307, is amended by adding new paragraphs to read
as follows:
Automatic Signaling Systems.
(1) Remote Station Protective Signaling Systems.
There is hereby adopted by the City and incorporated
into this Code for the purpose of prescribing standards
for the installation, maintenance and use of remote
station signaling systems, that certain code known as
"Standard for the Installation, Maintenance and Use of
Remote Station Protective Signaling Systems for Fire
Alarm and Supervisory Service", prepared by the
National Fire Protection Association, for general circu-
lation and use as the same appears in a pamphlet entitled,
"Remote Station Protective Signaling Systems, 1972 Edition"
(hereafter referred to as NFPA No. 72C) save and ex-
cept such portions as are hereafter modified or amended,
of which Code three (3) copies have been marked "Official
Copy" and filed for reference and inspection in the office
of the Clerk-Treasurer.
- 10-
9.04
(2) Permit Required.
No remote station signaling system shall be installed,
where required or otherwise unless a permit shall
first have been approved by the Fire Marshal. Such
a permit may be issued upon furnishing evidence
satisfactory to the Fire Marshal of compliance with
the provisions of NFPA Pamphlet No. 72C, 1972 Edition.
(3) Fee.
There shall be payable at the time of submitting an
application for approval, a minimum fee of Five Dollars
($5), plus an additional One Dollar ($1) per One Hundred
Dollar ($100) valuation of a proposed system, or fractional
portion thereof, in excess of Five Hundred Dollars ($500).
Fire Prevention Districts.
Subd. (1)
Storage of Flammable Licluids in Outside Above-ground
Tanks.
(a)
The limit referred to in Section 16.22a of the AIA Fire
prevention Code in which storage of flammable liquids
in outside above-ground tanks is prohibited, are
hereby established as follows: Ail areas zoned "Single
Family Residential, Townhouse, Retail Business, Limited
Business, General Business, Multiple Family Residential."
(b)
The limits referred to in Section 16.61 of the AIA Fire
Prevention Code, in which new bulk plants for flammable
liquids are prohibited, are hereby established as
follows: Ail areas zoned "Single Family Residential,
Townhouse, Multiple Family Residential, Retail Business,
Limited Business and General Business."
Subd. (1) Bulk Storage of Liquified Petroleum Gases.
The limits referred to in Section 21.6a of the AIA Fire Prevention
Code, in which bulk storage of liquified petroleum gas is restricted,
are hereby established as follows: Ail areas zoned "Single Family
Residential, Townhouse, Multiple Family Residential, Retail Business,
Limited Business and General Business."
- 11-
9.05 Permits and Modifications.
Subd. (1) New Materials Requiring Permits.
The Mayor, the Director and the Fire Marshal in charge
of the Bureau of Fire Prevention shall act as a committee to de-
termine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies, which
shall require permits, in addition to those now enumerated in
this Code. The Fire Marshal shall post such list in a conspicuous
place in his office and distribute copies thereof to interested persons.
Subd. (2) Appeals.
Whenever the Director or Fire Marshal shall disapprove
application or refuse to grant a permit applied for, or when it is
claimed that the provisions of the Fire Prevention Code do not
apply or that the true intent and meaning of the Code have been
misconstrued or wrongly interpreted, the applicant may appeal
from the decision of the Director or Fire Marshal to the Council
within 30 days from the date of the decision appealed.
Subd. (3) Permits For Certain Open Burning.
(a) Open Burning Allowed.
Open fires for recreational purposes (for example,
fires for the cooking of foodstuffs or warmth; campfires,
bonfires) or for the purpose of thawing frozen ground
in connection with construction projects ("Coke Fires")
shall be allowed in the City only upon issuance of a
permit therefor by the Fire Marshal or Director.
(b) Open Burning Permits.
(1)
Conditions. Permits for open fires for recreational
purposes or for the purpose of thawing frozen
ground in connection with construction projects
within the City shall be issued by the Fire Marshal
or Director in accordance with regulations promul-
gated by the City Manager only under such circumstances
as may be allowed by the air pollution regulations as
promulgated by the State air pollution standards and
as may be allowed by such other sections of the City
Code. The City Manager may condition the granting
of such permits in such manner as is reasonable and
appropriate. The violation of such conditions shall
be a violation of this ordinance.
- 12-
(2) Application. Any person desiring a permit as
required by this section shall make application
therefor to the City Fire Marshal on such forms
as the City Manager may prescribe.
(3) Fees.
(a) Recreational Purposes. The open burning
permit for recreational purposes shall be
issued without charge.
(b) Thawing Purposes. The fee for each open
burning permit for the purpose of thawing
frozen ground shall be Five Dollars ($5).
Subd. (4) Fees.
Unless hereafter excepted, the fee for any permit required
by the AIA. Fire Prevention Code, 1970 Edition, heretofore
adopted by reference, shall be $10, except that the fee for the initial
year shall be Five Dollars ($5) if the effective date of the permit is
after June i of the year in which the permit is issued.
Subd. (5) Multiple Permits: May Be Combined.
Whenever, under the provisions of this section, or other
sections of this Code, more than one permit is required for the same
location, such permits may be consolidated into a single permit.
9.06 Fire Control Costs.
Every person, firm or corporation that is not a resident of the City
or the owner of real property in the City subject to real property taxes,
shall be liable for all expenses incurred by the City in fighting or preventing
the spread of, or extinguishing any fire caused by or resulting from his or
its acts, negligence or omissions. The Fire Chief shall keep a record of the
cost, including work done by fire-fighters and other City employees and
equipment, and file the same with the Clerk-Treasurer. Thereupon, the
Clerk-Treasurer shall bill the person, firm or corporation liable therefor,
as above provided. No license of any person, firm or corporation liable
for the expenses incurred in fire control as provided above, shall be re-
newed if the licensee is in default in payment of any bill hereunder.
- 13-
9.07 Penalties.
Subd. (1)
Any person who shall violate any of the provisions of this
Code hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or
who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal has been taken,
or who shall fail to comply with such an order as affirmed or modified
by the City Council or by a court of competent jurisdiction, within
the time fixed herein, shall severally for each and every such vio-
lation and noncompliance, respectively, be guilty of a misdemeanor,
punishable by a fine of not exceeding Three Hundred Dollars ($300)
and by imprisonment for a period not exceeding 90 days. The im-
position of one penalty for any violation shall not excuse the violation
or permit it to continue; and all such persons shall be required to
correct or remedy such violations or defects within a reasonable
time; and when not otherwise specified, each day that prohibited
conditions are maintained shall constitute a separate offense for
purpose of prosecution and sentencing.
Subd. (2)
The application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions.
9.08 Repeal of Conflicting Ordinances.
Ail former ordinances or parts thereof conflicting or inconsistent
with the provisions of this ordinance or of the Codes hereby adopted
are hereby repealed.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope this ] 2th day of , 1976.
/' Edwar~]~ .-Erickson, Mayor
Attest: ~~' r r
t~ettyZP~u~i6t, Clerk-Treasu e
(Published in the New Hope-Plymouth Post the 22nd day of hpri ] , 1976. )
- 14-
,YMOUTH POST
PUBLICATION
o~~
?9.;
:~ <
:~ during all the times herein stated has been the President of
r known as
YMOUTH POST
i in newspaper format and in column and sheet form equivalent
I newspaper is a weekly and is distributed at least once each
devoted to news of local interest to the community
any other publication and is not made up entirely of patents,
is circulated in and near the municipality which it purports
/ing subscribers, has an average of at least 75 percent of its
arrears and has entry as second-class matter in its
the
AND PLYMOUTH
in the City of Crystal in said county, established and open
news, sale of advertisements and sale of subscriptions and
ploy and subiect to his direction and control
is printed. (6) Said newspaper files a copy of each
Said newspaper has complied with all the foregoing conditions
~tion mentioned below. (8) Said newspaper has filed with
~966 and each January ] thereafter an affidavit in the form
managing officer of said newspaper and sworn to before a
hereafter printed and published on every .....................
i...19 ...... and that the following is a printed copy of the
acknowledged as being the size and kind of type used in
pt. Sans
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 8
AN ORDINANCE AMENDING SECTION 10.418,
SUBD. (3) OF THE NEW HOPE CITY CODE
EXTENDING THE INITIAL LICENSING PERIOD
FOR EMPLOYEES OF LIQUOR DISPENSERS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 10.418, Subd. (3) of the City Code is amended to
read as follows:
Subd. (3)
The annual license fee shall be $5.00 and shall be paid in
advance. Ail licenses shall expire on June 30. Any license
issued after January i of any year shall expire on June 30 of
the next year, and the $5.00 license fee shall apply for the
entire initial license term, even though the period of time
covered is more than one year.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the ] 2th
April ,1976.
/
Attest: ~
' Bei~P~t{liot, Clerk-Treasurer
day of
Ed~rd J. Erickson, Mayor
(Published in the New Hope-Plymouth Post the 22nd day of April , 1976.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of
The Post Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its
local post*office. (5] Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control
during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each
issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions
for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form
prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
~otary public stating that the newspaper is a legal newspaper.
He fUrther states on oath that theprinted .~.~.'. ~ ~ ?....~..~..~. ...............................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English language once each week for ~ success ve weeks, that it was first so Published on . .-~.~'.~
.......... day of~~ ......... 19 ...... and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
(NOTARIAL SEAL]
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 9
AN ORDINANCE DELETING SECTION 10. 410 (10)
OF THE CITY CODE RELATING TO THE KEEPING
OF POOL OR BILLIARD TABLES IN PREMISES
WHICH HAVE ON SALE INTOXICATING LIQUOR LICENSES.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 10.410 (10) is hereby amended by deleting the
following:
Subd. (10)
No pool or billiard tables or bowling alley shall be
kept or used in any "on sale" premises.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the 24th day of
Ma.¥ , 1976.
EdWard J. Erickson, Mayor
Attest: ~~~~
~~7~ouliot, Clerk-'~Treasurer
(Published in the New Hope-Plymouth Post the 3rd day of Oune
,1976. )
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATI~ OF MINN'--SOTek
~OONTY OF
tSS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing CO., publisher and printer of the newspaper known as
NEW IIOPE-PLYMOUTll POST
and has foil 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 et least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, pi ate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 590 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5] Said newspaper purports to serve the
('iTIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further stat .... oath that the prlnted..~...'~ ...... 2~..'~. ? ........................
the. ~ ...... day of.~ ........ 19.?'.., and was thereafter printed and published on every .....................
to and including the .......... day of ........................ q9 ...... 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--5v2 pt. Sans
Subscribed and s~..~ to before /~
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 .....
ORDINANCE NO. 76-]0
AN ORDINANCE AMENDING SECTIONS 2.70
THROUGH 2.78, INCLUSIVE, OF THE CITY
CODE RELATING TO NEW HOPE VOLUNTEER
FIRE DEPARTMENT AND FIRE PREVENTION.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 2.70 through 2.78, inclusive, of the City Code
are amended to read as follows:
2.70 VOLUNTEER FIRE DEPARTMENT
AND FIRE PREVENTION
2.71 Establishment.
The City shall maintain a Volunteer Fire Department. The Depart-
ment shall be responsible to the Fire Chief who shall be an employee of
the City having a position in the classified service. The Volunteer
Fire Department shall consist of volunteer personnel as follows: an
Assistant Chief, an Engineer and such Captains and Lieutenants as
deemed necessary by the Chief, and not less than 10 nor more than 45
firefighters.
2.72 Election of Officers.
The Assistant Chief, Captains and Lieutenants shall be elected
annually by members of the Department, subject to confirmation by
the Council. They shall hold office for one year and until their suc-
cessors have been duly elected, except that they may be removed by
the Council for cause and after a public hearing. Probationary fire-
fighters shall be appointed by the Fire Chief. Firefighters shall
continue as members of the Department during good behavior and by
complying with the rules and regulations of the Department, and may
be removed by the Council only for cause and after a public hearing.
2.73 Fire Prevention.
The City Fire Marshal, who shall be an employee of the City
having a position in the classified service in the Bureau of Fire
Prevention, shall cooperate with the Fire Department in such manner
as the Director of Protective Inspections shall require, with primary
responsibility for the enforcement of all ordinances aimed at fire
prevention.
2.74 Fire Chief.
The Chief shall have control over all firefighting apparatus
and shall be solely responsible for its care and condition. He shall
make an annual report to the Council at its first meeting in February
of each year for the period of the previous calendar year. The re-
port shall be a comprehensive report of the activities of the Fire
Department, its needs and conditions of all Fire Department apparatus.
He may submit additional reports and recommendations at any meeting
of the Council, and he shall report the suspension by him of a member
of the Fire Department at the first meeting of the Council following
such suspension. He shall be responsible for the proper training
and discipline of the members of the Fire Department, and may
suspend any for refusal or neglect to obey orders pending final
action by the Council on his discharge or retention.
In the absence or disability of the Chief, the Assistant Chief
of the Fire Department shall perform all the functions and exercise
all of the authority of tile Chief on a temporary basis. In the absence
of the Chief and the Assistant Chief, other designated officers of the
Department shall perform, on a temporary basis, all the functions
and exercise all of the authority of the Chief. The assumption of such
temporary authority and responsibility shall be as a member of the
Volunteer Fire Department, and shall not be construed as a position
in the classified service.
2.75 Records.
The Chief shall keep in convenient form a complete record
of all fires. Such record shall include the time of the alarm, location
of the fire, cause of fire (if known), type of property, name of owner
and tenant, purpose for which occupied, estimate of loss of property
and contents, members of the Department responding to the alarm,
and any other information as he may seem advisable or as may be
required from time to time by the Council or State Fire Marshal's
Office.
2.76 Volunteer Firefighters.
Subd. (1) Qualifications.
Ail applicants for membership shall be not less than
eighteen (18) nor more than thirty-five (35) years of age and
able-bodied. They shall maintain a probationary membership
status for no less than a twelve (12) month period and shall
not be accepted as regular firefighters until they have
-2-
satisfactorily completed the required training. The Council
may require that each candidate, before he may become a
probationary firefighter, must satisfy certain minimum re-
quirement qualifications which may be specified by the
Council, and that he must pass a satisfactory mental and
physical examination. The Chief shall have the authority
to revoke membership of any probationary member for
failure to comply with the current rules and regulations of
the Department.
Subd. (2) Loss of Membership.
Firefighters absent from three consecutive training
drills or alarms unless excused by the Chief shall forfeit
membership in the Department.
Subd. (3) Compensation.
Members and officers of the Fire Department shall receive
compensation as determined by resolution of the Council.
Subd. (4) Relief Association.
Members and officers of the Fire Department shall organize
themselves into a Firemen's Relief Association.
2.77 Training Drills.
It shall be the duty of the Chief to provide scheduled training
sessions and to provide needed specialized training in fire prevention
and fire fighting as he deems necessary to keep the members trained
in all phases of fire prevention and fire suppression.
2.78 Interference with Department.
It shall be unlawful for any person to give or make, or cause
to be given or made, an alarm of fire without probable cause, or to
neglect or refuse to obey any reasonable order of the Chief at a fire,
or to interfere with the Fire Department in the discharge of its
duties.
Section 2. This ordinance shall be effective from and after its passage
and publication.
-3-
Passed by the City Council of the City of New Hope the 24th day of
, 1976.
Attest: ~
Beffy l~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 3rd day of June
,1976. )
-4-
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
CO'ONTY OF
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW llOPE-PLYMOUTtl POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
(TI'lES OF NEW It[OPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed... ~~-~... ~..'. Z~:~' . ~ ~.~ .....................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publiTd therein
the ~-~ ~dayo, 19~'~ andwasthereafterprintedandpublishedonevery ~
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sw_w_w~ to before
me this ...................... day of.~ .......... A.D., 19 ......
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- ]]
AN ORDINANCE AMENDING THE CITY ZONING
CODE BY CHANGING OUTLOT 1, REPLAT OF
LYNNCROFT FIRST ADDITION, FROM LI
CLASSIFICATION TO SR.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4. 107, numbered paragraph (3) of the City Code
is hereby amended as to the first paragraph as follows:
4.107 Extent of Limited Industry District.
"(3)
The East 450 feet of the West one-half of the
Southwest Quarter, EXCEPT Lot 1, Block 3, Perry's
Spruce Terrace; Lot 1, Block 3, Winnetka Hills 2nd
Addition; and Outlot 1, Replat of Lynncroft First
Addition."
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope this 24th day of
May, 1976.
Attest: ~
/B ~tt~lYo~liot, Clerk~Treasurer
Edwa~ J. Erickson, Mayor
(Published in the New Hope-Plymouth Post the 3rd day of June , 1976.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF: PUBLIGATION
STATE OF MINNESOTA ~ SS.
COUNTY OF HENNEPIN ~
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW IlOPE-PLYMOUTtt POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
(TI'lES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject fo his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
Heturther 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 publishe~d therein in
the.~ ...... ~ayo~ ......... lg~4.and was th .... fter printed and published o ..... y .....................
to and including the .......... day of ........................ 19 ...... and that the folldwing 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
th e composition and publication of sa id notice, to wit:
abcdefghijklmnopqrstuvwxyz 5v2 pt. Sans
Subscribed and~n to before j,~
me,h,s .... ......... dayo. ...... ?.,
................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 12
AN ORDINANCE AMENDING SECTION 7.04
OF THE CITY CODE RELATING TO ALLOWING
ANIMALS TO RUN AT LARGE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1: Section 7.04, Nuisances and Running at Large, is
hereby amended to read as follows:
7.04 Nuisances and Running at Large.
Animals shall be maintained and handled in such a manner
as to prevent their becoming a nuisance or a threat to health and
safety. No owner or keeper of animals shall permit such animal
to run at large within the limits of the City other than on premises
owned by or rented by the owner. No person who is a guest of a
resident in the City shall permit his animal to run at large, other than on
the premises owned or occupied by his host. No owner shall permit
barking, howling or other noises that disturb the peace and quiet
of the neighborhood and no owner shall permit the deposit of
animal excrement on public property or the property of others,
nor to accumulate on his own or rented property, as otherwise
provided herein. It should be specifically understood that the
public streets and the adjacent boulevards are public property
and within the scope of this ordinance and any deposit of excrement
by animals, even if accidental, shall be the responsibility of the
owner or caretaker of the animal to immediately remove and de-
posit in the public sanitary sewer system, the public storm sewer
system being specifically mentioned as a prohibited depository
of such excrement.
Section 2. This ordinance shall be effective from and after its
passage and publication.
Attest:
Passed by the City Council of the City of New Hope the ] 4th day
June , 1976.
~/ Edwar,~'J r Erickson, Mayor
Bet~--Pb~iiot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 24thday of June , 1976.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HEI~NEPIN
tSS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing CO., publisher and printer of the newspaper known as
NEW IIOPE-PLYMOUTtl POST
and has fuII knowl 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 per. cent 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 no/made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
(TI'lES OF NEW llOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1,196~ and each January I thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed, .~~...~ ........ 2~. ~'~/Y~. ..............
the C~Y dayof ~ 19'.'.~.~ andwasthereafterprinfedandpublishedonevery I~
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the corn position and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--5~/2 pt. Sans
Subscribed and sworn to before ~
me this 3~'- day of ~ A D '9 2~
.....................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 13
AN ORDINANCE AMENDING SECTION 10. 416
SUBD. (5) OF THE CITY CODE RELATING TO
LIQUOR LIABILITY INSURANCE REQUIREMENTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 10.416, Subd. (5), Amount and Terms of
Insurance, is hereby amended by deleting the following:
"Further, it shall provide that no payment of any
claim by the insurance company shall, in any manner,
decrease the coverage provided for in respect to any
other claim or claims brought against the insured or
company thereafter."
Section 2. This ordinance shall be effective from and after its passage
and publication.
~ Passed by the City Council of the City of New Hope the 28th day of
June , 1976.
Attest:
(Published in the New Hope-Plymouth Post the 8th day of Ju]y
,1976.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENI~'EPIN
tSS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing CO., publisher and printer of the newspaper known as
NEW IIOPE-PLYMOLTTtl POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is no? made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
(TI'IE~ OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1,196~ 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 prlnted... ~..~)!... 2~..--./.."~ .......................
the.. ~. ..... day o~ ........... 19.~'~'.. and was thereafter printed and published on every .....................
to and including fha .......... day of ........................ 19 ...... and that the following is a printed copy of fha
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--5v~ pt. Sans
Subscribed and swoJ'n to before
met ,s .... .............. dayof ....
..................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. lc/ ......
ORDINANCE NO. 76- ]4
AN ORDINANCE AMENDING SECTION 9.05 OF
THE CITY CODE PROVIDING FOR THE ISSUANCE
OF PERMITS FOR BURNING OF UNWANTED STRUCTURES.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 9.05 of the City Code, Permits and Modifications,
is hereby amended by adding the following:
Subd. (6) Burning of Unwanted Structures; Permit and Fee.
Any person desiring to have the Fire Department burn down
a building or structure, shall submit an application to the Clerk-
Treasurer for a permit for such burning. The fee for such burning
shall be $500. The application shall be referred to the Bureau of
Fire Prevention for its recommendation whether such burning can
be done without endangering life or property in the City. Ail
applications shall be subject to the approval of the Council. No
permit shall be issued until the permit fee has been paid in full.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the 28th day of
June , 1976.
Attest:
/ Edw~l~J. Erickson, Mayor
B etty"~'ouliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 8th day of July , 1976.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY or HENNEPIN
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW IIOPE-PLYMOUTI1 POST
and has fu II knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
('ITIES OF NEW IlOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subieof 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 im mediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed..~. · ~. '. ?~.~'. ~.'~ ~ ..........................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
~he-Eng~nguage~nceeaChweek~r~/~successiveweeks~hat~tWasfirs~s~pub~shed~n .j~~
the ~ .~.~..dayo, 19~ anOwasth .... ,,erprntedandpub sheOonevery ~
to end including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and~n t° bet°re (~. ~7.
me thi ..... ~.~ ........... day of~ .~ AD 19~
.............................................
(NOTARIAL SEAL)
Notary Public ............................... County. Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 15
AN ORDINANCE AMENDING SECTION 11.52 OF
THE CITY CODE RELATING TO AUTHORIZATION
TO ISSUE TICKETS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 11.52, Authorization to Issue Tickets, is hereby
amended to read as follows:
11.52 Authorization to Issue Tickets.
The Council hereby confers the power and authority to issue
and serve a written or printed notice, hereinafter referred to as a
ticket, upon persons charged with ordinance violations, upon the
Director of Police and all duly appointed and acting police officers,
Community Service Officers, the Director of Protective Inspections,
the Fire Marshal, the building official, and general inspectors duly
appointed in the Department of Protective Inspections, and the
Animal Patrol Warden, provided, however, that no such persons shall
arrest or otherwise take a violator into custody, except the Director
of Police and police officers may make such arrests as are permitted
under the laws of arrest. Such ticket shall be served upon the per-
son creating the violation, the lessee, or person in charge of the
premises alleged to be in violation.
Section 2. This ordinance shall be effective from and after its passage
and publication.
June
Attest:
Passed by the City Council of the City of New Hope the 28th day of
, 1976.
]~o~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 8th day of July , 1976.)
NEW llOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW IlOPE-PLYMOUTtt POST
and has full knowledge of the facts herein stated as follows:
(1} Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which if purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of ifs total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post*
office. (5) Said newspaper purports to serve the
CITIES OF NEW IlOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sate of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
p~eceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 19~6 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 .... ~....~ ~' .Z~..'~'~' ' .......................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English ,aj~guage, o. nce each week, for../. ,successi ..... ks; 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 fhaf the following is a printed copy of the
lower case alphabet from A fo Z, both inclusive, and is hereby acknowledged as being the size and kind of type used
the composition end publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn fo before
............................ : .................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- ] 6
AN ORDINANCE AMENDING THE CITY CODE,
SECTION 4.106 (13) (EXTENT OF GB GENERAL
BUSINESS DISTRICT) AND SECTION 4. 104
(EXTENT OF LB LIMITED BUSINESS DISTRICT),
SHARON' S ADDITION.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.106 (13), Extent of GB General Business District,
is amended to read as follows:
(13) Lot 1, Block 1, Outlot B, and all that part of Outlot A
lying east of the west line of said Lot 1, Block 1, all
in Sharon's Addition.
Section 2. Section 4.104, Extent of LB Limited Business District, is
hereby amended by adding the following:
(21) Lot 1, Block 3, Sharon's Addition.
Section 3. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope this 28th day of
June , 1976.
~~~,~ { r~ ,j ~
~~on, Mayor
Attest: ~~~~
B'~liot, Clerk-Treasurer
day of July , 1976.)
(Published in the New Hope-Plymouth Post the 8th
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPII~
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW IlOPE-PLYMOUTlt POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is no/made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said,newspaper purports to serve the
('ITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1,196~ and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed..~...'"~..,..~"~.~/.~? ..........................
hereto attached es a part hereof was cut from the columns of said newspaper, and was printed andJ'~J~. ~ ~ ~/~_PU'~i~led therein in
th e"Englis~g uag e,,,g~nce ea ch week, f .... /. successive weeks; that it was first so published on.../.~f.~
ho % · ' ('~'~ '~ ndwasthere
t ............. aay ot~-~ .......... 19 ...... a after printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and ~s hereby acknowledged as being the size and kind of type used in
the composition and publication of said noHce, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76-17
AN ORDINANCE AMENDING SECTION 4.66, DELETING SECTION 4.67,
AND ADDING SECTION 3.180 OF THE CITY CODE RELATING
TO THE CONSTRUCTION, MAINTENANCE OR ALTERATION OF
SIGNS, AMENDING THE ZONING ORDINANCE AND BUILDING CODE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains as follows:
Section 1. The New Hope City Code is hereby amended by deleting Section 4.67, Signs, in its entirety.
Section 2. Section 4.66, Glare, of the New Hope City Code is hereby amended to read as follows:
4.66 Glare.
In all districts, any lighting used to illuminate an off-street parking area, yard or other structure, shall
be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or
sky-reflected glare, where from flood lights or from high-temperature processes such as welding or combustion
shall not be directed into any other property. The source of light shall be hooded or controlled. Bare incandescent
light bulbs shall not be permitted in view of adjacent property or right-of-way. Any light or combination of lights
which cast light on residential property shall not exceed four (4) candles (meter reading) as measured from the
residential property. Any light or combination of lights which cast light on a public street shall not exceed one
(1) foot candle as measured from the centerline of the street.
Section 3. The New Hope City Code is hereby amended by adding the following:
3.180 SIGN ORDINANCE
3,181 Title, Purpose and Intent.
Subd. (1) Title.
This Ordinance shall be known, cited and referred to as the "New Hope Sign Ordinance" except as
referred to herein, where it shall be known as "this Ordinance".
Subd. (2) Purpose..
This subdivision is established to protect and promote health, safety, general welfare and order
within the City of New Hope through the establishment of a comprehensive and impartial series of standards,
regulations and procedures governing the type, number, size, structure, location, height, lighting,
erection, use and/or display of devices, signs or symbols serving as a visual communication media to
persons situated within or upon public right-of-ways or properties.
The provisions of this subdivision are intended to encourage opportunity for effective, orderly
communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use
of communication facilities.
Subd. (3) Severence.
If any section, clause, or provisions or portion thereof of this Ordinance shall be found to be invalid
or unconstitutional by any court or competent jurisdiction, such decision shall not affecl any other section,
clause, provisions, or portion thereof of this Ordinance.
Subd. (4)
In their interpretation and application, the provisions of this Ordinance shall be held to the minimum
requirements for the promotion of the public health, safety and welfare.
(3.181 Cont.)
Subd. (5)
No sign shall be erected, converted, enlarged, reconstructed or altered, or used for 'any purpose
in any manner which is not in conformity with the provisions of this Ordinance.
3.182 Rules and Definitions.
Subd. (1) Rules.
The language set forth in the text of this Ordinance shall be interpreted in accordance with the
following rules of construction:
(a) The singular number includes the plural, and the plural the singular.
(b) The present tense includes the past and the future tenses, and the future the present.
(c) The word "shall" is mandatory while the word "may" is permissive.
(d) The masculine gender includes the feminine and neuter.
(e) Ail measured distances shall be to the nearest integral foot. If a fraction is one-half (1/2) foot
or less, the integral foot next highest shall be taken.
(f) Whenever a word or tertn defined appears in the text of this Ordinance, its meaning shall be
construed as set forth in such definition thereof.
(g) Whenever a word or term appears in the text of this Ordinance, which is not specifically defined
· within the definition section of this Ordinance, the definition for said word or term, where such
exists in the New Hope Zoning Ordinance, shall apply.
Subd.
(2) Definitions.
(a) Siffn. Any writing (including letters, words, or numerals), pictorial representation (including
illustrations or decorations), emblem (including devi~es, symbols, or trademarks), flag, banner,
streamer, pennant, string of lights, or display designed to attract the attention of the public,
whether it be attached to a structure, painted on, or in any other manner represented on a
building or other structure or on the ground.
(b) Sign, Advertising. A billboard, poster panel board, painted bulletin board, or other communicative
device which is used to advertise products, goods, and/or services which are not exclusively
related to the premise on which the sign is located.
(c) Siam, Address. A sign communicating street address only, whether written or in numerical
form.
(d) Si~n, Area. That area within the marginal lines created by the sign surface which bears the
advertisement or, in the case of messages, figures or symbols attached directly to the part of s
building, which is included in the smallest geometric figure which can be made to circumscribe
the message, figure or symbol displayed thereon.
(e) Si'~n, Banners and Pennants. Attention getting devices which resemble flags and are of a
paper, cloth or plastic or plastic-like consistency.
(f) Sign, Billboard. Any advertising sign having an area of more than three hundred (300) square
feet.
(g) Si~n, Business. Any sign which identifies a business or group of businesses, either retail or
wholesale, or any sign which identifies a profession or is used in the identification or promotion
of any principal commodity or services, including entertainment, offered or sold upon the
-premise where such sign is located.
(3.182, Subd.(2) Cont.)
(h) Sign, Canopy. and Marquee.
marquee.
Any message or identification which is affixed to a canopy or
(i) Sign, Flashing. Any illuminated sign on which the artificial light 'is not maintained stationary
and/or constant in intensity and color 'at all time when such sign is in use.
(j) Sign, Ground. Any sign pl~e~ upon, or supported by the ground independently of the main
building or structure on the property. Signs on accessory structures shall be considered
ground signs.
(k) Sign, Identification. The principal sign identifying the business conducted on the premises. .
In Residential Districts, the sign identifying a resident, school, church, or other non-business
use.
(1) Sign, Illuminated. Any sign which has characters, letters, figures, design or outline illuminated
by electric lights or luminous tubes as part of the sign proper. ..
(m) Sign, Logo. Any letter, character, or symbol used to represent 'an entire word or group of words
denoting the name, trade or purpose of any business.
(n) Sign, Motion, Any sign which revolves, rotates, has any moving parts, or gives the illusion of
motion.
(o) Sign, Non-Conforming.
1. Legal. A sign which lawfully existed at the time of the passage of this Ordinance or amendment
thereto but which does not conform with the regulations of this Ordinance, is ~legal.
2. Illegal. A sign which was constructed after the passage of this Ordinance or amendments
theretO) and does not conform with the regulations of this Ordinance is illegal.
Sign, Portable. A sign so designed as to be movable from one location to another and which is
not permanently attached to the ground, or structure.
(q) Sign, P. rojecting. Any sign, which is affixed to a building and which projects from the building
wall a distance greater than twelve (12) inches.
(r) Sign, Public. Signs of a public, non-commercial nature, to include safety signs, danger signs,
trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial
plaques, and the like, when signs are erected by or on order of a public officer or employee
in the performance of official duty.
(s) Sign, Roof. A roof sign is defined as a sign which is located above the eave or coping line.
(t) Sign, Structure. The supports, foundations, uprights, bracing and framework for a sign,
including the sign area.
(u) Sign, Temporary. A sign other than a portable sign, that is not intended to be permanently
displayed or affixed to the ground or to a building.
(v) Sign, Wall. A sign which is affixed to the exterior wall of a building and which does not project
more than twelve (12) inches from the surface to which it is attached.
- (w) Sign, Wall Letters. A sign composed of individual letters which are attached (not painted)
separately on a wall surface.
(x) ~ign, Window. A window sign means a sign affixed to a window or located inside a window
surface legible to the general public.
-3-
3.183 Sign Permits.
· Except for routine maintenance, no sign may be painted, constructed, erected, remodeled, relocated, or
expanded until a sign permit is obtained in accordance with the Building Code (see Section 3.20 ) and until all
other signs on the premises of the applicant are broughl into conformance with this Ordinance. No sign permit
shall be issued for any sign unless the sign is permitted by, and complies with the regulations of this section,
provided, however, that signs of a duly constituted governmental body, including traffic or similar regulatory
devices, legal notices, and warnings at railroad crossings are exempt from the permit requirement and from the
regulations of this section.
Subd. (1) Exceptions.
(a) The following types of signs are exempt from the permit requirements and from the regulations
of this section, except that they shall be set back from the street right-of-way line a distance of
at least one-half (1/2) of the minimum setback specified in the district regulations:
1. Flags or emblems of a national, federal or state government, or a subdivision thereof, displayed
on private property.
2. Memorial signs and tablets displayed on private property.
3. ' Address numerals and other signs required to be maintained by law or governmental order,
rule or regulation, provided that the content and size of the sign do not exceed the requirements
of such law, order, rule or regulation.
4. Small signs, not exceeding two (2) square feet in area, displayed on private property for the
convenience of the public including directional or identification signs for restrooms, freight
entrances, garage and rummage sales and the like. Garage and rummage sale signs shall
show, clearly imprinted, the name and address of the person erecting the sign, or responsible
for the same. Said signs shall not be erected more than five (5) days before or maintained
more than one (1) day after the sale to which the sign relates.
5. Small signs, not exceeding eight (8) square feet in area, displayed on private property,
containing matter which is intended or tends to influence directly or indirectly any voting
at any primary, general, municipal, special or school election, including pictures or
announcements relative to candidates or campaign advertising. Said signs are permitted
in addition to other signs in any zoning district provided that no person shall permit or allow
any such sign to be located or maintained on his property more than.thirty-one (31) days
before or five (5) days after the election to which the sign relates.
Co) The following types of signs are exempt from the permit fee but shall obtain a permit:
1. Signs permitted by Section 3.185, Subd. (3) (a) and Co) and Section 3.185, Subd. (4) (a) 2 of
this Ordinance.
(c) The following types of signs are exempt from the permit requirement but must comply with all of
the other regulations of this section:
1. Signs p'ermitted by Section 3.185, Subd. (4) (a) 1 and 3 and Section 3.185, Subd. (1) of this
Ordinance.
3.184 General Standards.
Ail signs hereafter painted, constructed, erected, remodeled, relocated or expanded shall comply with
the following standards:
Subd. (1) Banners, Pennants, Streamers, Strings of Lights, Searchlights.
No portable sign, banner, pennant, streamer, string of lights, search lights or any other similar
sign shall be permitted, except as provided in Section 3.185, Subd. (3) of this Ordinance, provided,
however, that upon a change of ownership or management, commercial establishments shall be permitted
for a period of seven (7) consecutive days for a "grand opening", as such term is commonly used, said
seven (7) days shall be within thirty (30) days of the change of ownership or management or receipt
of certificate of occupancy.
-4-
(3.184 Cont.)
Subd. (2) Maintenance of Signs.
Ail signs, including electrical wiring, supporting structures, guy wires or chains, shall be
properly maintained and kept in a safe condition. The owner of any sign shall be required to have
properly painted, at least once every three (3) years, all parts and supports'of the said sign, unless
the same are galvanized or otherwise treated to prevent corrosion.
Subd. (3) Building and Electrical C,~des Applicable.
Ail signs shall be wired to conform to the electrical code of the State of Minnesota. Sign structures
shall be designed to provide a forty (40) psf snow load and a forty (40) psf wind pressure.
Subd. (4) Window Signs,.
In no event shall the size of the interior window aignage e~ceed twenty percent (20%) up to a maximum
of one hundred twenty-five (125) square feet, of the entire window area of the one (1) side of the building
upon which said signs shall be displayed.
Interior window signs shall not be of the gaseous tube type nor shall they be illuminated by interior
lighting directed toward the window.
Advertising signs that are clearly intended for temporary display only, may be affixed to a window
or located inside a window surface visible to the general public, provided that the sign area conform with
the formula allowance outlined in this subdivision. The allowable sign area for.a window advertising sign
is in addition to the total permitted wall sign area as regulated in Section 3.185, Subd. (5) (a). Window
signs other than for advertising, such as business identification, or any sign which is permanently affixed
to a window, shall constitute a dual purpose sign and thus be regulated under both the above and the
provisions of Section 3.185, Subd. (5) (a) of this Ordinance.
Subd. (5) Illuminated Signs.
Signs shall be shaded wherever necessary to avoid casting bright light upon property located in
any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent
to or across the street from any single family residential district, which sign is visible from such single
family residential district, shall not be illuminated at any time between the hours of 11:00 p.m. and 7:00
a.m., when the use is not open for business.
Subd. (6) Flashing or Moving Signs.
No flashing signs, rotating or ~oving signs, animated signs, signs with moving lights, or creating
the illusion of movement shall be permitted.
Subd. '(7) Projecting Signs.
No projecting sign shall be permitted.
Subd. (8) Accessway or Window.
No sign shall physically obstruct any required accessway or window in such a manner as to create
a safety hazard.
Subd. (9) Signs on Unimproved Property.
No sign shall be located on property unimproved with a building except a sign advertising the premises
for sale or lease which meets the standards of Section 3.185, Subd. (1) or in the case of billboards, Section
3.185, Subd. (8) of this Ordinance.
-5-
(3.184 Cont.)
Subd .' (10) Traffic Safety..
No exterior sign or sign located in the interior of a building but visible through a window shall
be maintained at any location where by reason of its position, size, shape or color it may obstruct, impair,
obscure, interfere with the view of, or be confused with any.traffic control sign, signal or device, or
where it may interfere with, mislead or confuse traffic.
Subd. (11) Obsolete and Off-Premise ~ Signs.
No sign shall be permitted which advertises a business which is not being presently conducted
on premises on which the sign is located, except advertising signs as provided for in Section 3.185,
Subd. (8) of this Ordinance.
Subd. (12) Painted Wall Signs.
No business or advertising sign which is painted directly upon a wall surface shall be permitted.
Subd. (13) Identifiable Address.
Every principal building shall be identified with an address containing the street number ts), which
shall be readable from the nearest adjacent roadway serving the premises. The size of the numbering shall
not exceed the size standards established for this use.
3.185 Special Standards.
The following signs are permitted subject to the special standards and provisions contained after each
specific sign situation as contained hereafter and the provisions of Sections 3.183 and 3.184 of this Ordinance.
Subd. (1) nFor Sale~ and "To Rent" Signs.
"For Sale" and "To Rent" signs shall be permitted subject to the following regulations:
a) For sale or rental of a single family residence or where six (6) or less dwelling units (or
lots for residential development) are for sale or rent. There shall be no more than one
(1) such sign per lot, except on a Corner lot two (2) signs, one facing each street shall be
permitted. No such signs shall exceed six (6) square feet in area, and no such sign shall
be illuminated. Each such sign must be devoted solely to the sale or rental of the property
being offered and must be removed immediately upon the sale or rental of the property.
Each sign must be placed only upon the property offered for sale or rent.
(b) Where more than six (6) dwelling units (or lots for residential development purposes) are
offered for sale or rental by the same party, signs advertising such sale or rental may be
constructed therefor in any district. There shall be permitted one (1) sign facing each
public street providing access to the property being offered. Each such sign shall not exceed
forty (40) square feet in area; shall be located at least one hundred thirty (130) feet from
any pre-existing home; and shall be removed within one (1) year from the date of building
permit issuance, or when less than six (6) units remain for sale or rent, whichever is
less. Said sign shall fully comply with the setback requirement for the zoning district in
which the property is located.
(c) In the event of an industrial or commercial sale or rental of real property, there shall be
permitted one (1) sign facing each public street providing access to the property being
offered. Each sign shall not exceed seventy-five (75) square feet in area and must be devoted
solely to the sale or rental of the property being offered and must be removed immediately
upon the sale or rental of the last property offered at that location. Said sign may not be
located closer to the property line than fifty (50) percent of the setback required within the
· particular zoning district in which the property is located.
-6-
(3.185 Cont.)
Subd. (2) Signs Accessory to Parking Areas.
Signs accessory to parking .areas are permitted subject to the following regulations:
(a) One (1) sign may be erected to designate each entrance to or exit from a parking area;
each such sign shall be no more than two (2) square feet in area; such signs are exempt
from minimum setback requirements but shall be located at least one (1) foot behind the
lot line.
Co)
One (1) sign designating the conditions of use shall be permitted at each entrance to a
parking area; each such sign shall be limited to a maximum area of nine (9) square feet;
such signs are exempt from minimum setback requirements, except that they must be
located at least one (1) foot behind the lot line.
Subd. (3) Signs Accessory to Churches, Schools or Non-Profit Institutions.
Signs accessory to churches, schools or non-profit institutions are permitted subject .to the
following regulatiohs:
- (a) .There shall be not more than one (1) sign per lot, except that on a corner lot two (2) signs,
one facing each street, shall be permitted. No such sign shall exceed twenty (20) square
feet in area. Such signs shall be set back from the street line a distance at least one-half
(1/2) of the minimum, setback specified in the district regulations. -
(b)
Temporary signs, banners and displays for church, school, institutional or civic events
are permitted but must be located on property owned or controlled by the church, school,
institution, or civic organization and may be displayed only during a period commencing
thirty (30) days prior to the scheduled event and ending three (3) days after closing date
of said scheduled event.
Subd. (4) Si~ns Accessory to Residential Uses.
Each sign accessory to residential uses shall be set back from the street right-of-way line
a distance at least one-half (1/2) of the required minimum setback specified in the district regulations/
under paragraph (a) below which may be located anywhere in the front setback area for that district.
Signs accessory to a residential use shall not be permitted except in compliance with the following
regulations:
(a) Name Plate. Directional and Identification Signs. Name Plate, directional and identification
signs shall be permitted subject to the following regulations:
1. Size. For each dwelling unit (single family, two family or townhouse), there shall be
permitted one (1) name plate not exceeding two (2) square feet in area indicating the
name and/o~ address of the occupant.
Name Plate, Directional, and Identification Signs. For each apartment development
there shall be permitted one (1) identification sign or two (2) signs on corner lots each
facing a separate street, each not exceeding twenty-five (25) square feet in area located
near the main entrances to the building or complex of buildings, and indicating only the
name and address of the building or complex of buildings, the name of the owner or
manager thereof, and the phone number of the manager or owner thereof. In addition each
building within an apartment development with a separate address shall be identified
by a separate sign not exceeding five (5) square feet in area with letters of a size and
color to clearly identify the individual building.
(3.185, Subd. (4) Cont.)
Remodeling.. In connection with the construction or remodeling of a building there
shall be permitted one (1) sign not exceeding twenty-five (25) square feet in area
indicating the names of any or all of the architects, engineers and contractors engaged
in the construction; on corner lots two (2) such signs, one facing each street, shall be
permitted. Ail signs permitted under this paragraph shall be removed by the person
or persons erecting the same not longer than two (2) weeks after final inspection by the
Building Department of the structure indicated, or two (2) year~, whichever is less.
Subd. (5) Signs Accessory to Single Occupancy Business or Industrial Uses.
No sign accessory to any business or industrial use shall be permitted, except in compliance
with the following regulations:
(a) Front Wall Signs.
1. Not more than two (2) signs shall be permitted on the front wall of any principal building.
The total area of such sign or signs shall not exceed fifteen (15) percent of the area of the
front face (including doors and windows) of the principal building in Limited Business,
Retail Business and General Business Districts, and ten percent (10) in Limited Industry
and General Industry Districts, provided that the total area of each sign shall not exceed
one hundred and twenty-five (125) square feet.
Front wall signs which consist only of individual, outlined .alphabetic, numeric and symbolic
characters without background except that provided by the building surface to which they
are affixed may be increased by twenty-five (25) percent of the allowable sign area permitted
in paragraph i of this subdivision, except that the total of each sign shall not exceed one
hundred twenty-five (125) square feet. If illuminated, such illumination be by internal
shielded illumination, shielded silhouette lighting or shielded spot lighting b~tt not any
lighting where the light source itself is visible or exposed on the face or sides of the
characters.
3. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically
wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade
of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain
a clearance of nine (9) feet to ground. In the event a metal sign structure or accessory
fixture herein described is grounded by the ~{se of a grounding conductor run with the
circuit conductdrs and said structure or fixture is also grounded by being bonded to a
grounding electrode at the sign site, no clearance to grade shall be mandatory.
4. Front wall signs may be gaseous tube type or may be illuminated by interior means of
lighting of an intensity to prevent excessive glare and shall comply with the regulations
established in Section 4.66 of the New Hope Zoning Ordinance.
(b) Side and Rear Wall Signs. A sign or signs shall be permitted on the rear and/or side
wall of any principal building subject to the following regulations:
1. The total area of'such rear or side wall sign or signs shall not exceed nine (9) square
feet. No rear or side wall signs, other than a sign provided in the succeeding sentence,
shall make use of any word, phrase, symbol or character other than to designate delivery
areas.
2. Exception. Nothwithstanding the above-stated provision, if the main entrance to a particular
use in the principal building opens on a side wall, or if the main entrance/exit (as defined
in the Building Code) to a particular use in the principal building opens on a rear wall,
the applicant shall be permitted to sign the front or rear wall in accordance with the front
wall sign provisions of paragraph (a) above. In no case, however, shall either the side
or rear wall contain more than one hundred, and twenty-five (125) square feet total sign
area.
(c) Ground Si~ns. Not more than two (2) ground signs shall be permitted on any lot or one (1)
ground sign if the building should contain more than one (1) wall sign over ten (10) square
feet, subject to the following regulations:
-8-
(3.185, Subd. (5) Cont.)
Signs constructed of metal and illuminated by any means requiring internal wiring or
electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance
to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign
shall maintain a clearance of nine (9) feet ground. In the event that a metal sign structure
or accessory fixture herein described is grounded by the use of a grounding conductor
run with the circuit conductors and said structure or fixture is als~ grounded by being
bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory.
No metal ground sign shall be located within eight (8) feet vertically and four (4) feet
horizontally of electric wires of conductors in free air carrying more than forty-eight (48)
volts, whether or not such wires or conductors are insulated or otherwise protected.
Ail ground signs shall conform within the maximum sign area, maximum sign height and
maximum letter height provisions in relation to the street classification, as contained in
the following table, except that logos as defined shall be exempt from the maximum letter
height restriction.
Street Maximum Area Maximum Letter Maximum Structure
Classification (Sq. Feet) Height (Inch) Height (Feet)
Collector 40 8 15
Minor Arterial 75 10 20
Principal Arterial 200 20 30
4. Street classification shall be determined in accordance with the provisions of the Five Year
Transportation Plan for the City of New Hope.
5. Application. The level at which the sign control system applies is determined by the street
classification, as outlined above, which directly abuts the subject property.
In the case of subject property directly abutting more than one (1) road, each designated
by a different road type, the less restrictive classification shall apply in determining sign
area and height.
6. Actual sign height is determined by the grade of the road from which the sign gains its
principal exposure.
7. Sign area for ground signs applies to only one (1) face of a two-faced ground sign, or two
(2) faces of a four-faced sign, etc.
8. No ground sign shall be located closer to any property line than ten (10) feet.
(d) Roof Signs. No part of any sign shall be maintained that projects into the air space over the
roof of any building or structure.
(e) Awning or Canopy SignS.. Letters may be painted or otherwise affixed to any permissible
awning or canopy subject to the following regulations:
1. Lettering or letters shall not project above, below or beyond the physical dimensions of
the awning or canopy.
2. Lettering or letters shall not be larger from top to bottom than twelve (12) inches.
3. Lettering or letters shall not denote other than the name and address of the business
conducted therein and/or a product or products produced or sold or service rendered
therein.
4. Lettering or letters shall be included in calculating the maximum sign area of the
permissible wall sign.
(3.185 Cont.)
Subd. (6) Signs Accessory to Automobile Service Stations.
The following signs accessory to automobile service stations are permitted in addition to the signs
permitted under Subdivision (5) of this Section:
(a) Racks for the orderly display of cans of engine oil for convenience in dispensing said oil may
be located on or at the ends of pump islands. (Limit of two (2) to each island.)
(b) Two (2) open portable tire racks (not more than seven (7) feet in height including signs, and
six (6) feet in length) on casters for the purpose of displaying new tire casings shall be per-
mitted for each gasoline or tire service station.
(c) Portable signs, placards, pennants, streamers, flags (except the U .S. flag), revolving
placards and all other signs not specifically permitted in this section are prohibited, except
for grand openings, as provided in Section 3.184, Subd. (1) as to grand openings.
(d) One (1) sign (single or double faced) per frontage on a public street, suitable for apprising
persons of the total sale price per gallon. The area of such price sign shall not exceed
sixteen (16) square feet on either side. Each such sign shall be affixed to the standard of a
g.round sign or light fixture, and shall state the total price. No sign posting an incomplete
price or less than the total sales price is permitted.
Subd. (7) Signs Accessory to Multiple Occupancy Business and Industrial Uses Including Shoppi. n.g
Centers. '
When a single principal building is devoted to two (2) or more businesses, or industrial uses,
a comprehensive sign plan for the entire building or shopping center shall be submitted and shall be
of sufficient scope and detail to permit a determination as to whether or not the plan is consistant with
paragraphs (a) through (c) of this subdivision. No permit shall be issued for an individual use except
upon a determination that it is consistent with previously or concurrently approved comprehensive sign
plan.
The effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy
structures, to determine the specific individual sign requirements for the tenants of his building. As
sign locations and size, etc. may be of some significant importance in lease arrangements between owner
and tenant, it is the city's intention to establish general requirements for the Overall building only, thus
providing a building owner with both the flexibility and responsibility to deal with his individual tenants
on their specific sign needs.
(a) Ail signs shall comply with the provisions of Sections 3.185, Subd. (5) (a) 3 and 4 and 3.184,
Subd. (2) of this Ordinance, except as otherwise provided.
(b) Wall Signs.
1. The total allowable sign area for a multiple occupancy structure shall not exceed fifteen (15)
percent of the combined wall surfaces on walls which abut streets in Limited or General
Busin.ess Districts or ten (10) percent in Limited or General Industrial Districts.
2. No multiple occupancy structure may display more than two (2) overall building identification
signs.
3. Individual tenants located within multiple occupancy structures, other than shopping centers,
shall not be permitted to display individual signs, except for tenants, which have separate
exterior entrances to their use or tenants in shopping centers, in which case, not more than
one (1) sign may be displayed.
4. No individual Sign may exceed one hundred (100) square feet in area.
5 .. A delivery sign or signs not exceeding nine (9) square feet in area may be located on the
side or rear wall of the structure.
- 10-
(3.185, Subd. (7) Cont.)
(c) Ground Signs.
Shopping centers containing more than four (4) separate and distinct occupancies may
erect only one (1) ground sign per street frontage (single.or double faced) to be used
as an identification sign for the shopping center. Individual businesses within the
shopping center may not be advertised thereon. Said ground sign may' not exceed two
hundred (200) square f.et in area, nor thirty (30) feet in height and must be set back
a minimum of twenty (20) feet from ali property lines.
2o
Multiple occupancy structures other than shopping centers, or shopping centers having
four (4) or less separate and distinct occupancies, may erect ground signs in accordance
with the provisions of Section 3.185, Subd. (5) (c) of this Ordinance and may idenlify
each separate and distinct occupancy on said ground sign.
Subd. (8) Advertising Signs (Billboards).
Ail advertising signs hereafter painted, constructed, erected, remodeled, relocated or expanded '
shall comply with the following standards in addition to those established in Section 3.183 of this Ordinance:
(a) Advertising signs shall be located in General Business Districts only.
(b) Not more than one back to back advertising sign shall be constructed upon one (1) lot or tract
of ground. No advertising sign shall be constructed on a lot or tract of ground, if such lot or
tract is already improved by a building.
(e) The total area of sign shall not exceed three hundred fifty (350) square feet.
(d) The maximum height of any advertising sign shall be twenty-five (25) feet from the ground.
(e) Advertising signs shall be located no closer than one thousand (1,000) feet from each other
on the same side of a street.
(f) Advertising signs shall comply with the minimum setback requirements for the General
Business District except that they shall not be located closer than one hundred (100) feet
from any residentially zoned property.
3;186 Non-Conforming Signs and Sign Structures.
Subd. (1) A non-conforming sign mat net be:
(a) Changed to another non-conforming sign.
'(b) Structurally altered except to bring into compliance with the provisions of this Ordinance.
(c) Expanded.
Subd.
(d)
(e)
(2)
(a)
Re-established after its removal for thirty (30) days.
Re-established after damage of more than fifty percent (50%) of sign replacement cost except to
bring into compliance.
Lawful non-conforming signs may be maintained subject to the following regulations:
Where m~y non-conforming sign projects over public property, the owner shall post with the
Building Inspector, a bond or indemnity policy (or a certificate there by the surety or insurance
company with a ten (10) day prio~ notice of cancellation provision), approved by the City
~VIanager, in the sum of ten thousand dollars ($-10,000) conditioned to indemnify the City for
any loss, cost, damage or liability of or incurred by the City resulting from the maintenance
of said sign.
- 11-
(3.186, Subd. (2) Cont.)
(b)
(e)
Normal maintenance, such as painting, repairing without removal, cleaning, maintaining,
electrical wiring and appurtenances on site and changing or repairing fasteners or guy
wires or chains shall be permitted on any lawful non-conforming sign.
In any district any lawful non-conforming sign which does not' comply with all of the
regulations of this Ordinance shall be elininatedor made to conform in accordance with
1 and 2 below, provided, however, that signs of the type prohibited by Sect}on 3.185,
Subd. (6) (c) of this Ordinance and signs not in compliance with Section 3.184, Subds.
(1), (4), (6), (8), (9), (10), and (11) of this Section, shall be eliminated or brought
into compliance within one (1) year following the adoption of this Ordinance.
1. All signs made non-conforming through the adoption of the previous Sign Ordinance
(Section 4.67 of the New Hope Zoning Ordinance) in 1972 and given an amortization
period of five (5) years through February 1, 1977 shall continue to comply with
that previously established amortization schedule.
2. All signs (except as provided for in (c) above) made non-conforming through the adoption.
of these ordinance provisions shall be brought into compliance or eliminated in accordance
with the following amortization table:
Sign Cost *
$ 1 - $3,000 36 months
$ 3,001 $6,000 60 months
Over $6,001 84 months
* Sign cost shall be established by original bill of sale, written appraisal from a sign
manufacturer, or copy of depreciation schedule from federal and state tax return.
Where more than one (1) non-conforming sign exists on a single property and both are
owned by the same individual, the cost of both signs may be added together for purposes
of this amortization schedule.
3.187 Sign Variance.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter
o.f the provisions of this section, th~ Board of Appeals and Adjustments has the power to vary the requirements
of this section in harmony with the general purpose and intent hereof, so that the public health, safety and general
welfare may be secured and substantial justice done. When considering a variance, the Board of Appeals and
Adjustment shall make a finding of faot and grant approval based upon the following conditions:
Subd. (1)
That the conditions involved are unique to the particular parcel of land or use involved.
Subd. (2)
That the purpose of the variation is not based exclusively upon a desire to increase the value
or income potential of the business involved.
Subd. (3)
That the alieged difficulty or hardship is caused by this Ordinance and has not been created
by anY persons presently having an interest in the parcel.
Subd. (4)
That the granting of the variation will not be detrimental to the public welfare or injurious to
other land or improvements to the neighborhood.
- 12-
(3.187 Cont.)
Subd. (5)
That the proposed variation will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or interfere with the function
of the police and fire departments of the City.
3.188 Fees.
Subd. (1)
The permit fee and other fees and charges as established in the City Permit Fee Schedule shall
be collected by the City before the issuance of any permits and the City Clerk or other persons duly
authorized to issue such per.mit for which the payment of a fee is required under the provisions of this
Ordinance may not issue a permit until such fee shall have been paid,
3.189 Violations and Fines.
Subd. (1)
Any person who violates any of the provisions of this Ordinance shall, upon conviction thereof,
be fined not more than three hundred dollars ($300) for each offense, or imprisoned for not more than
ninety (90) days, or both. Each day that a violatior~ is permitted to exist shall constitute a separate
punishable offense.
Section 4. This ordinance shall be effective from and after its passage and publication.
Passed by the City Council of the City of New Hope the 28th day of June, 1976.
Attest:
~e~P~ot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the
. / Edw ~/J. ~Erickson, Mayor
day of ~ ~n~ ' 1976.)
out which aDOS not conform with
regulations of this Ordinance, is
,tsnSfly ~,sod u!deuUeH ~ON aq,[ u! P~ 2. Illegal, A sign which
strutted after the passage of
o~oseuu!W 'Sll~,.'Je~tue:) ~tu~ ~Ordinanceoremendment~
X~,uno~ u!deuueH 00r~L~' 'Jo~,eJJ, s!u!U~l does not con~rm with the
· el~O~ '~ Aelu~S s! ~!~ eA!~n3 of this Ordinance Is Ill,al.
~! puc 'el~euu!w 'A~u~ u!deu~H (p) Stgn, Portable. A sign
'A~U~ u!~u~H u~J~ si lu~=!i~ designed as to be soya!
'9~6[ '[ J~e~S I!~un 'l I~afion to another and which is
p 'ele~u!qqo~ Jo ~!~ e~ Aq ~: ~rmanently affeched to the
~O ~ uo~Hs!nb=v Jo~ I~- or structure.
j~ spuni eseeleJ l~dOle~e~ u~J~
~l~U~ ~ ~ ~ pu~ ~uno~
· ~s~oJd s~ aoeds u~o ~ ~Hs~nbo~l
ORDINANC~ NO. 76-17
AN ORDINANC~ AMENDING
SECTION 4.~, DELETING SECTION
.67, AND ADDING S~CTION 3.1~0
F THE CiTY CODE RELATING TO
/THE CONSTRUCTION, MAINTE-
NANCE OR ALTERATION
SIGNS, A~NDING THE ZONING
ORDINANCE AND BUILDING
CODE.
Ci~ of New Ho~, M~nnesete
The City Council ef the C~ty of New
Ho~ ordains as
(q) Sign, Pro}acting, Any
which is affixed to a building
which projects from the building walt
a distance greater than r~velvo (12)
Inches.
(r) Sign, Public. Signs eta
non-commercial nature,
to
safety signs, danger signs, trespassing
signs, traffic signs, signs indicating
scenic or historical points of interest,
memorial plaques, and the like, when
signs are erected by or on order of a
~public officer or employee in the
performance of official duty. '
(s) Sign, Reef. A reef sign is defined
as a sign which is located above the
eave or coping line.
(t) Sign, Structure. The supports,
foundations, uprights, bracing and
framework for a sign, Including the
sign area.
(u) Sign, Temporary. A sign other
Section 1. The New Hope City Code Is ~ than a portable sign, that Is not in-
hereby amended by deleting Section tended to he permanently displayed
4.67, Signs, In Its entirety, or affixed to the ground or to a build-
Section 2. Section 4.~6, Glare, of the lng.
New Hope City Code is hereby (v) Sign, Wall. A sign which Is et-
amended to read as follows: fixed to the exterior wall of a building
4.66 Glare. and which does not project more than
In all districts, any lighting used to twelve (121 Inches from the surface to
illuminate an off-street parking area, which it is attached.
yard or other structure, shall be {w) Sign, Wall Letters. A sign
arranged as to deflect light away from ~ composed of individual letters which
any adjoining residential zone or from are attached (not ~a!nted) separately
the public streets, Direct or sky-
reflected glare, where from flood
lights or from high-temperature
processes such as welding or com-
bustion shall not be directed into any
other property. The source of light
shall be hooded or controlled. Bare
Incadescent light bulbs shall not be
permitted in view of adlacent property
or .right-of-way. Any light or com-
bination of lights which cast light
on residential property shall not ex-
(4) candles (meter reading)
~eesured from the residential
Irty. Any light or combination of
which cast light on a public
street shall not exceed one (1) foot
candle as measured from the cen-
teHine of the street.
Section 3. The New Hope City Code is
hereby amended by adding the
following:
3,180 SIGN ORDINANC~
: ;3.181 Title, Purpesa and Intent.
Subd. (1) Title.
This Ordinance shall be known,
cited and referred to as the "New
on a wall surface.
(x) Sign, Window, A window sign
means a sign affixed to a window or
Iocate¢ Inside a window surface
ieglble to the general public.
3.183 Sign Permits.
Except for routine maintenance, no
sign may be painted, constructed,
erected, remodeled, relocated, or
expanded until a sign permit is ob-
tained in accordance wlth the Building
Code (see Section 3.20) and until all
other signs on the premises of the
applicant are brought into con-
formance with this Ordinance. No sign
permit shall De issued for any sign
unless the sign is permitted by, and
complies with the regulations of this
section, provided, however, that signs
of a duly constituted governmental
body, including traffic or similar
regulatory devices, legal notices, and
warnings at railroad crossings are
exempt from the permit requirement
and from the regulations of this ~ec-
tlon.
Subd, (1) Exceptlons~
Hope Sign Ordinance" except as (al The following types of signs are
reterr~d to herein, where It shall be ~ exempt from the permit requirements
known as "this Ordinance." and from the regulations of this sec-
Subd. (2) Purpose.
This subdivision is eetabiiehe~ to
protect and promote health, safety,
general welfare and order within the
; City of New Hope through the
establishment of a comprehensive and
Impartial series of standards,
regulations and procedures governing
the type, number, size, structure,
location, height, lighting, erection, use
and-or display of devices, signs or
symbols serving as a visual com-
munication media to persons situated
within or upon public right-of-ways or
propertles.
The provisions of this subdivision
are intended to encourage opportunity
for effective, orderly communication
facilities.
Subd. (3) Severance.
If any section, clause, or provisions
or portion thereof of this Ordinance
shall be found to be Invalid or un-
constitutional by any court or com-
petent jurisdiction, such decision shall
not affect any other section, clause,
provisions, or porfton thereof of this
Ordinance.
Subd. (4)
In their interpretation and ap~
r " the provisions of this Or-
shall be held to the minimum
ants for the promotion of the
public health, safety and welfare.
Subd. (5)
No sign shall be erected, converted,
enlarged, reconstructed or altered, or
used for any purpose Ip any manner
which is not in conformity with the
provisions of this Ordinance.
3.182 Rules and Definitions.
tlon, except that they shall be set back
from the street right-of-way line a
distance of at least one-half (V=) of the
minimum setback specified in the
district regulations:
1/Flags or emblems of a national,
federal or state ogovernment, or a
subdivision thereof, displayed on
~ private property.
2. N~emorlal signs and tablets
displayed on private property.
3. Address numerals and other signs
required to be maintained by law or
governmental order, rule or
regulation, provided that the content
and size of the sign do not exceed the
requirements of such law, order, rule
or regulation. -
~ 4. Smallsigns, notexceedingtwo (2)
square feet in area, displayed on
private property for the ccnvenleoce
of the public including directional or
identification signs for restrooms,
'freight entrances, garage and rum-
mage sales and the llke. Garage and
rummage sale signs shall show,
clearly imprinted, the name and
address of the person erecting the
~sign, or responsible for the same. Said
signs shall not be erected more than
five (5) days before or maintained
morethan one I1) day after the sale to
which the sign relates.
5. Small signs, not exceeding eight
(8) square feet in area, displayed on
private oroperty, containing matter
which is intended or tends to influence
directly or indirectly any voting at any
~primary, general, municipal, special
or school election, including pictures
or announcements relative to can-
Subd; (1) Rules. didates or campaign advertising. Said
team.
specific slgn
hereafter and the provisions of Sec-
tions 3.183 and 3.184 of this Ordinance. ~
Subd. (1] "Far Sale" end "To Rent"
Signs;
"For Sale" and "To Rent" signs
.shall be permitted subject to the
following regulations:
(al For sale or refltal of a single
family residence or. where slx (6) 'or
less dwelling Units {or lots for
residential developr~ent)are for sale
or rent. There shall be no more
one (1) such
corner lot two
each street shall be
such signs shall exceed six
,~ feet In area,
illuminated. Each such ~lgn must I
devoted solely to the sale
the property being offered and must
be removed immediately
.or rental of the property. Each sign
must be placed 0nly:upen the prope~h/
offered for sale or rent.
(b) Where more than ~ slx ~(6)
dwelling units (or lots for residential
, development purposes) are offered for
sale or rental by the same party~ signs
advertising such sale or r.enta! may'be
constructed therefor'{n' any district.
There shall be permilted one {1) s}g~!
facing each public street' providing
access to the property being offered
Each such sign shall not exceed forty
(40) square feet i~ area; shall bo
iDeated at least one hundred *thirty
,~(130) feet from any pre-existing home;
and shall be removed within one (1)
year from,the date of building permit
issuance, or when less than six (6)
units remain for sale or rent,
whichever is less. Sa~d sign shall fully ,
comply with the setback requirement
for the zen{ns district In which the
property Is located.
(c) In the event of an industrial or ]
~commerclal sale or rental of real
property, there shall be permitted one ,
(1) sign facing each public ,street :~
providing access to the property being
offered. Each slgn shall not exceed
seventy-five (75) square feet in area -or
and must be devoted SOlely to the sale
or rental of the property being offered
and must be removed immediately
upon the sale or rental of ithe last
, property offered at that location. Said
sign may not be located closer to the
property line than flfty,(50) percent of
the setback
tlcular zoning
property is located.
Subd. (2) Signs
'pqns
l! d!qs
the President of The
luivalent
at least once each
O the community which
patents, plate matter
to serve~ has at
t of its total circulation
alter in its local post.
established and open
g all
ch issue immediately
years
Secretary of State of
by the Secretary of
'ins that the newspaper
nd published therein in
~rinted copy of the
kind of type used in
ORDINANCE NO. 76- ]8
AN ORDINANCE AMENDING CHAPTER 4.560
OF THE CITY CODE PERTAINING TO PLAT
BOND REQUIREMENTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains as follows:
Section 1. Section 4.561, Standard Procedure, Plan A Plat, of the City
Code is hereby amended to read as follows:
4.561 Plat Bonding Requirements
Before a final plat is approved by the Council, the owner and
subdivider of the land covered by said plat shall execute and submit
to the Council an agreement to make and install within one year, all
improvements required to be installed by him under the provisions
of this ordinance, in accordance with the timetable and plans and
specifications therefor, to be prepared or approved by the City
Engineer, or, as to improvements which the City has installed, and
for which the developer has agreed to pay, any special assessments
levied upon the premises included in the plat. The agreement (here-
inafter sometimes referred to as Development Contract) shall be
accompanied by a cash escrow equal to the City Engineer's estimated
cost for completing said improvements, or a performance bond
(sometimes referred to as a subdivision bond) to be approved by the
City, in an amount equal to 1-1/2 times the City Engineer's estimated
cost of said improvement. Bond amounts for assessments for which
the developer agrees to pay shall be determined initially by the cost
of the project as estimated by the City Engineer, and may subsequently
be modified by the City based upon the actual assessments levied.
The bond shall be accompanied by surety and conditions satisfactory
to the City to assure the City that such improvements and utilities
will be actually constructed by the developer according to the
specifications approved by the City Council as expressed in the
Development Contract, and that assessments which the developer has
specifically agreed to pay in accordance with its contract are in fact
paid on a timely basis. The performance bond or cash escrow shall
be conditioned upon:
Subd. (1) Completion of Improvements.
The making and installing of the improvements required
under the terms of the ordinance within the one-year period,
unless the said one-year period is extended by the City by
resolution, or by the City not taking action to compel timely
performance by the developer, for any reason. If the City
has agreed to perform the work, the completion of the im-
provements shall be performed within the time established
by the Council.
Subd. (2) Completion of Work.
Completion of the work undertaken by the owner or
subdivider in accordance with the Development Contract
executed by him and for him.
Subd. (3) Payment of Assessments.
Payment on a timely basis of all assessments against
the premises which the developer has specifically and con-
tractually agreed to pay.
Section 2. Subdivisions (3), Repayment of City Expenses, and
(4), Enforcement of Performance Bond, remain unchanged.
Section 3. Section 4.562, Alternate Procedure, Plan B Plat, is
repealed.
Section 4. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the 91~h
August , 1976.
day of
Attest:
//" - Ed~ J. Erickson, Mayor
BeT l~e~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 26thday of Au§ust , 1976.)
-2-
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
E. C. L'HerauIt, 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
N'EV~' IIOPE-PLYMOUTll POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
CITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed ..... U~..~. ?...d~:~. ]]'~.. ..........................
hereto attached as a port hereof was cut from the columns of said newspaper, and was printed and publi~ed therein in
~..~. j /?
the'English ~an~.~.uage, once each week, for./..., successive weeks; that it was first so publlshed on
the ~;,, ,~ay of~ .......... 7'~ // .................. 19 ~ and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz 51/2 pt. Sans
Subscribed and swo/l~vn to before
me this C:~~ day of~=A.D., 19.~~
..............................................
/
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- ] 9
AN ORDINANCE AMENDING SECTION 3.154
OF THE HOUSING MAINTENANCE CODE;
REGISTRATION OF MULTIPLE DWELLINGS.
City ~of NeW Hope, Minnesota
The Council of the City of New Hope ordains:
SeCtion 1. Section 3.254 of the City Code, entitled ~"Annual' Registration"
is amended as to the Iast paragraph thereof as follows:
3. 154 Annual ~ Registration
A fee of $15.00 per'multiple dwelling building, or multiple dwelling cOm-
plex under a single ownerShiP and identified by. a single legal description,
plus $1.00'. for each unit therein, shall be collected bY the' Clerk-Treasurer
for each registration under this code. i However, if the registration is not
made within the' time set forth in this Section, then the' registration fee to
be paid shall be double the 'amount of the fee otherwise required by thiS
Section.
SeCtion 2. ThiS ordinance shall be effective from and after its passage
and publication.
Passed bY the City 'Council of the~ity of NeW Hope the 23rd day of
/ E dward~g~icks°n ' MayOr
Attest: : Be~liot' Clerk-Treasurer
(Published in the NeW Hope-Plymouth Post the' day of ............ , 10~0.
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATI~ OF MINNE~OT~k
~OOlqTY OF HI~-NI~I~-PIN
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW IIOPE-PLYMOUTII POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent Of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
CITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed~ (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1,196~ and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed. ~~...~. ~.. ?.~.. :.~. ..........................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publ.~hed therein in
the'English lang~page, o~ce each week, for..~..successiveweeks; that itwas first so published on ~~.
the..4~ ..... day of .19. ?'...and was thereafter printed and published on every .....................
to and including the .......... day of ........................ ]9 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn to before /~
meths 3~7 day of.~ D 19~~
.... i'.i ..............................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 20
AN ORDINANCE AMENDING SECTIONS 10.01 (6) ,
10.17(1), 10.19(2), 10. 412(6), 10.415(1)-(7)
RELATIVE TO PURCHASE AND CONSUMPTION
OF NON-INTOXICATING MALT LIQUORS AND
INTOXICATING LIQUORS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 10.01(6), Definitions, is amended to read as follows:
Subd. (6) Minor.
A "minor" is any person under 19 years of age.
Section 2. Section 10.17(1), Persons Ineligible for Licenses, is
amended to read as follows:
No license shall be granted to or held by any person who is:
(1) Under 19 years of age.
Section 3. Section 10.19 (2), Sale to Minors or Intoxicated Persons,
is amended to read as follows:
Subd. (2) Sale to Minor or Intoxicated Persons.
No beer shall be sold to any intoxicated person or to any
person under 19 years of age.
Section 4. Section 10. 412 (6), Conditions of License, shall be amended
to read as follows:
Subd. (6)
No intoxicating liquor shall be sold or furnished or delivered
to anyone who, by his physical appearance and mannerisms, ap-
pears to be in a state of inoxication, to any habitual drunkard, to
any person under 19 years of age, or to any person to whom sale
is prohibited by State Law.
Section 5. Section 10.415, Subds. (1)- (7), Restrictions Involving
Minors, are hereby amended to read as follows:
10.415
Restrictions Involving Minors.
Subd (1)
No licensee, his agent, or employee shall serve or
dispense upon the licensed premises any intoxicating liquor
or non-intoxicating malt liquors to any person under the age
of 19 years; nor shall such licensee, his agent, or employee
permit any person under the age of 19 years to be furnished or
consume any such liquors on the licensed premises; nor shall
such licensee, his agent, or employee permit any person under
the age of 19 years to be delivered any such liquors.
Subd. (2)
No person under 19 years of age shall misrepresent his age
for the purpose of obtaining intoxicating liquor or non-intoxicating
malt liquor nor shall he enter any premises licensed for the retail
sale of intoxicating liquor or non-intoxicating malt liquor for the
purpose of purchasing or having served or delivered to him for
consuming any such intoxicating liquor or beer nor shall any
such person purchase, attempt to purchase, consume, or have
another person purchase for him any intoxicating liquor or beer.
Subd. (3)
No person under 19 years of age shall receive delivery of
intoxicating liquor.
Subd. (4)
No person shall induce a person under the age of 19 years
to purchase or procure or obtain intoxicating liquor or non-
intoxicating malt liquor.
Subd. (5)
Any person who may appear to the licensee, his employees
or agents to be under the age of 19 years shall, upon demand of
the licensee, his employee or agent, produce and permit to be
examined an identification certificate issued by any clerk of the
District Court in the State of Minnesota pursuant to Sections
626. 311 through 626. 319, Minnesota Statutes, Laws 1973, Chapter
508.
-2-
Subd. (6)
In every prosecution for a violation of the provisions of
this ordinance relating to the sale or furnishing of intoxicating
liquor or non-intoxicating malt beverage to persons under the
age of 19 years, and in every proceeding before the City
Council with respect thereto, the fact that the minor involved has
obtained and presented to the licensee, his employee or agent,
a verified identification card issued by the Clerk of any District
Court in the State of Minnesota, from which it appears that said
person was 19 years of age and was regularly issued such
identification card, shall be prima facie evidence that the licensee,
his agent or employee is not guilty of a violation of such a pro-
vision and shall be conclusive evidence that a violation, if one
has occurred, was not wilful or intentional.
Subd. (7)
Any person who may appear to the licensee, his employee
or agent to be under 19 years of age and who does not have in
his possession any identification certificate as above described,
may sign and execute a statement in writing as follows:
The above form shall be furnished at the expense of all licensees
desiring to use the same and when properly executed may be
considered as evidence in any prosecution and by the City
Council in any proceeding before the Council or a committee
thereof relating to the business or operations of the licensee.
Such forms after execution shall be kept on file by the licensee
for a period of one year.
Section 6. The effective date of this ordinance shall be September 1,
1976, and for purposes of the provisions of this ordinance, any person who
is 18 years of age on August 31, 1976 shall be deemed to be the age of 19 until
such person attains the age of 20.
Section 7. This ordinance shall be effective from and after the above
date, and its passage and publication.
Passed by the City Council of the City of New Hope the
September , 1976.
Attest:
13th day of
Bet~~~iot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 23rd day of September , 1976.)
-3-
NEW llOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF I"IENNEPIN
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW llOPE-PLYMOUTtt POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2} Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news Of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5;) Said newspaper purports to serve the
('ITIES OF NEW ItOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in ifs employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State amid 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 pu~/~hed therein in
the"Eng, sh ang age o ce each week for / successive weeks that it was first so published on /'~--~
every
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
..... ...............................
Subscribed and s~,to before /~
(NOTARIAL SE~L.)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76 - 21
AN ORDINANCE AMENDING SECTION
4.103 (38) OF THE CITY CODE
RELATING TO MULTIPLE RESIDENCE
DISTRICTS (MR) AND ADDING
SECTION 4.109, RELATING TO
TOWNHOUSE DISTRICTS
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section t. Section 4.103 (28) (Extent of MR MultiRle - Family
Residence Districts) of the City Code is ~ereby amended by repealing
the existing text in its entirety, and by substituting the following:
(28) Lots I through 6, Block I, Gordon's Lakev'ew Terrace
2nd Addition.
Section 2. section 4.109 is hereby added to the City Code as
follows:
4.109 Extent of Townhouse (TR) Residence Districts
(I) Outlot A, Gordon's Lakeview Terrace, 2nd Addition.
Section 3. This ordinanc~ shall be effective from and after
its passage and publication.
Passed by the City Council of the City of New Hope the 27th day
of September, 1976.
J Edward~. Erickson, Mayor
ATTEST:_~~~
~t~ Pouliot, Clerk-Treasurer
Published in the New Hope-Plymouth Post theTth day of October 1976.
ORDINANCE NO. 76 ~ 21
AN ORDINANCE AMENDING SECTION
4.103 (38) OF THE CITY CODE
RELATING TO MULTIPLE RESIDENCE
DISTRICTS (MR) AND ADDING
SECTION 4.109, RELATING TO
TOWNHOUSE DISTRICTS
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section I. Section 4.103 (28) (Extent of MR Multiple - Family
Residence Districts) of the City Code is hereby amended by repealing
the existing text in its entirety, and by substituting the following:
(28) Lots I through 6, Block 1, Gordon's Lakeview Terrace
2nd Addition.
Section 2. Section 4.109 is hereby added to the City Code as
followsl
4.109 Extent of Townhouse (TR) Residence Districts
(I) Outlot A, Gordon's Lakeview Terrace, 2nd Addition.
Section 3. This ordinance shall be effective from and after
its passage and publication.
Passed by the City Council of the City of New Hope the 27th day
of September, 1976.
~.~'"" Edwar~ri~ks°n, Mayor
~~uriot, Clerk-Treasurer
Published in the New Hope-Plymouth Post theTth day of October 1976.
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNI~-~OTA ~ SS.
~-. C. L'HOr-~'-'!f, being duly sworn, on Oath says he is and during all the times herein stated has been the l~'es~len4~of The
Post Publishing Co., publisher and printer Of the newspaper known as
NEW IIOPE-PLYMOUTtl POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is no? made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average Of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
('ITIES OF NEW ItOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale Of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
Hefurtherstatesonoaththattheprinted .~~...~.'...Z~.']'~x~.( ......................
the.. 2 .~day of ~~.. 19.~..and was thereafter pr nfed and published on every ................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
me this....2 ..............~- day of ~ AD 19'~
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76 -
AN ORDINANCE AMENDING THE CITY CODE BY REPEALING PRESENT
SECTION 2.21 ON COUNCIL SALARIES AND SUBSTITUTING A NEW SALARY
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota Ordains:
Section I, Section 2.21 of the Code, entitled Mayor and
Councilmen Salaries is amended in it's entirety
to read as follows:
2.21 Mayor and Councilmembers Salaries
The salary of the Mayor is hereby established
at $138.46 per two week pay period and the
salary of each Councilperson is hereby esta-
blished at $100.00 per two week pay period.
Said salary payments to be effective with the
first full pay period in January 1977.
Section 2. This ordinance shall take effect upon its
passage and publication.
Adopted this 4th day of October, 1976.
ATTEST:~~.~) ~
~e~C~-Treasurer
a~Y o r
Published in the New Hope-Plymouth Post the // day of
October, 1976.
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENI~EPIN
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEV( IlOPE-PLYMOUTII POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news Of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
('iTIES OF NEW IlOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
/~Ainnesota 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 stat .... oath that the printed ..... ~../~. ~;, ~'~/~L: ....~.:, '.~, .~...~ .................................
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..Z., successive weeks; that it was first so published on~~~t~
//'¢/-~ ///~ ~ 'YJ~ 7~ and was thereafter printed and published on every .....................
the.. Z. ..... day of. ~/..k~F~. 19 ....
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A fo Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and pu blication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--SV2 pt. Sans
Subscribed and sworn to before
..............................................
(NOTARIAL SEAL)
Notary Public ............................... County, /~Ainnesota
My Commission Expires .............................. ]9 ......
ORDINANCE NO. 76-22 A
AN ORDINANCE CHANGING THE NAME OF 48TH AVENUE
LOCATED IN MARTHA GARDENS TO 48TH CIRCLE
The Council of the City of New Hope ordains:
Section 1. 48th Avenue, as shown and dedicated in the plat of
Martha G"~dens, is hereby renamed and established as 48th Circle.
Section 2. The line of words set forth hereafter in quotations shall
be inserted at the end of APPENDIX A - STREET NAME CHANGES of the
City of New Hope Code of Ordinances under the column heading shown:
Old Name 'Location '~New Name
"48th Avenue
MARTHA GARDENS
48th Circle"
Section 3. This ordinance shall be effective upon its passage and
publication.
Passed the 12th day of October, 1976.
Attest:
~C1 erk-Treasurer
Published in the New Hope-Plymouth Post on October 21, 1976.
NEW ilOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~ SS.
COUNTY OF I-'IENI~I'EPIN ~
E. C. L'Herault, being duly sworn, on Oath says he is and during all the times herein stated has been the President of The
Post Publishing CO., publisher and printer of the newspaper known as
NEW IIOPE-PLYMOUTtl POST
and has fu II 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 ~) square inches. (2) Said newspaper is e weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average Of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
('ITIES OF NEW ilOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day Or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed...~..~..~'~----~%..~.., .~. ~"~ .......................
hereto attached as a part hereof was cut from the columns of said newspaper, a.d was pr,hied
the'IEnglishlan age once each week for ,/J success veweeks- that t was first so published on//~~
/ . .......................
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 pu blication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and swo~rn~efore
me this C>2~- ~ ~""~ day of
..............................................
(NOTARIAL SEAL)
Notary PubJic ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76 - 2S
AN ORDINANCE AMENDING SECTION 2.72, 2.76 OF THE CITY CODE RELATING
TO THE NEW HOPE VOLUNTEER FIRE DEPARTMENT AND FIRE PREVENTION
City of New Hope~ Minnesota
The City Council of the City of New Hope Ordains:
Section It STactions2.72 and 2.76 Subd.(I) and 2.76 Subd.(2) are
amended to read as follows:
2.72 Election of Officers
The Assistant Chief, Captains and Lieutenants shall be
elected annually by members of the Department~ subject to
confirmation by the Council. They shall hold office for one
year and until their successors have been duly elected, ex-
cept that they may be removed by the Council for cause and
after a public hearing. Probationary fire fighters shall be
appointed by the City Manager. Firefighters shall continue
as members of the Department during good behavior and by com-
plying with the rules and regulations of the Department, and
may be removed by the Council only for cause and after a public
hearing.
2.76 Volunteer Firefi§hters
Subd.(I) Qualifications
All applicants for membership shall be not less than
eighteen (18) nor more than thirty-five (35) years of age and
able-bodied. They shall maintain a probationary membership
status for no less than a twelve (12) month period and shall
not be accepted as regular firefighters until they have satis-
factorily completed the required training. The Council may
require that each candidate, before he may become a fire-
fighter, must satisfy certain minimum requirement qualifica-
tions which may be specified by the Council, and that he must
pass a satisfactory mental and physical examination. The
Chief shall have the authority to revoke membership of any
probationary member for failure to comply with the current
rules and regulations of the Department only upon recommenda-
tion of the Membership Committee.
Subd. (2) Loss of Membership
Firefighters absent from three consecutive training
drills or alarms unless excused by a fire officer shall for-
feit membership in the Department.
- 2 -
Section 2. This ordinance shall be effective from and after its
passage and publication.
Passed~by the City Council of the City of New the 12th day of
October, 1976.
ATTEST:
' ~k-Treasurer
(Published in the New Hope-Plymouth Post the 4th day of October, 1976).
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATI~. OF MINN~--$OTA ~ SS.
gOUNTY OF H~..NIII~PIII ~
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing CO., publisher and printer of the newspaper known as
NEW IIOPE-PI. YMOUTIt POST
and has fu II knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
(TI'lES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed ...~~..~ ..... '~ .'- .~.'?~ .......................
the.C~ ...... day of ~... 19.'-~..and was th .... fter pr nted and pub shed o ..... 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:
abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and swo~rn ~)efore
methi, ~:~'d~" ~-z'~ dayo,~ AD 192~
..............................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- A ~t
AN ORDINANCE AMENDING SECTIONS 7.00
THROUGH 7.15, INCLUSIVE, OF THE CITY
CODE RELATING TO THE CONTROL OF DOGS
AND OTHER ANIMALS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 7.00 through 7.15, inclusive, of the City Code are
amended to read as follows:
7.00 CONTROL
7.01
OF DOGS AND OTHER
ANIMALS
Definitions.
The following words and phrases when used in this ordinance shall
have the meanings as set out herein:
Subd. (1) Animal.
"Animal" shall include dogs, cats, domestic animals
and wild animals, both male and female.
Subd. (2) Dog.
"Dog" shall mean an animal of the canine family, both
male and female.
Subd. (3) At Large.
"At Large" shah mean off the premises of the owner, and
not under the control of the owner or member of his immediate
family either by a leash, cord, or chain or otherwise.
Subd. (4) Owner.
"Owner" shall mean any person owing, keeping or
harboring a dog or other animal.
Subd. (5) Person.
"Person" shall mean any person, firm, corporation,
partnership, joint venture or association.
Subd. (6) City Veterinarian.
"City Veterinarian" shall be a Doctor of Veterinary
Medicine, licensed under the laws of the State of Minnesota to
act in such capacity, appointed by the Council to perform such
duties relating to animals within the City, and at such pay as
shall be established or approved by the Council.
Subd. (7) Animal Warden.
"Animal Warden" is the animal patrol warden or animal
warden as referred to in Sections 7.13 and 11.52 of this Code.
Subd. (8) Gender.
Use of the masculine pronoun "he" herein shall refer to
any person of either sex.
7.02 License and Registration.
Ail dogs kept, harbored or maintained by their owners in the
City shall be licensed and registered if over six months of age. Dog
licenses shall be issued by the Clerk-Treasurer upon payment of a
license fee of $3.50 for each male or spayed female, and $5.00 for
each unspayed female and upon receipt by the Clerk-Treasurer of a
certificate from a qualified veterinarian showing that the dog to be
licensed has been given a vaccination against rabies in compliance
with Section 7.08. Such license shall be for the whole or unexpired
portion of the year in which the same is issued and shall expire on
May 31 of the year following. The Clerk-Treasurer shall cause a
notice of the necessity of obtaining dog licenses and registration to
be published in the official City newspaper one time in May prior to
May 15 of each year.
Subd. (1)Free Licenses for the Blind.
Dog licenses shall be issued free of charge as to dogs
trained to assist blind persons and actually used by blind
persons for the purpose of aiding them in going from place
to place.
~ Subd. (2) Sale of Dogs.
The sale or transfer of any licensed dog shall not carry
with it and transfer to the new owner the license.
-2-
7.03 Tag and Collar.
Upon payment of the license fee, the Clerk-Treasurer
shall provide and furnish for each licensed dog, a metallic tag upon
which there shall be stamped or engraved the registered number of
the dog, the words "New Hope", and the year when licensed. Every
owner shall be required to provide each dog with a collar to which
the license tag must be affixed, and shall see that the collar and tag
are constantly worn. In case a dog tag is lost or destroyed, a duplicate
or new tag will be issued by the Clerk-Treasurer upon proof that
such dog was licensed, and the payment of $ .50 for such duplicate.
Dog tags shall not be transferrable from one dog to another and no
refunds shall be made on any dog license fee because of death of
the dog or the owners leaving the City before expiration of the license.
7.04 Nuisances and Running at Large.
Subd. (1) Nuisance Animals.
Animals shall be maintained and handled in such a manner
as to prevent their becoming a nuisance or a threat to health and
safety.
Subd. (2) Responsibility of Owners, Loose Animals.
No owner or keeper of animals shall permit such animal
to run at large within the limits of the City other than on premises
owned or rented by the owner, or with the permission of the
owner, in accordance with the provisions of 7.07.
Subd. (3) Responsibility of Guests, Loose Animals.
No person who is a guest of a resident in the City shall
permit his animal to run at large, other than on the premises
owned or occupied by his host, or with the permission of the
owner, in accordance with the provisions of 7.07.
Subd. (4) Noisy Animals.
No owner of an animal shall permit barking, howling
or other noises that disturb the peace and quiet of the neighbor-
hood.
-3-
7.05
Subd. (5) Animal Wastes.
No owner shall permit the deposit of animal excrement on
public property or the property of others, nor to accumulate on
his own or rented property, as otherwise provided herein. The
public streets and the adjacent boulevards are public property
and within the scope of this ordinance and any deposit of excre-
ment by animals, even if accidental, shall be the responsibility
of the owner or caretaker of the animal to immediately remove
and deposit in the public sanitary sewer system, the public
storm sewer system being specifically mentioned as a prohibited
depository of such excrement.
Impounding.
Subd. (1) When Impounded.
It shall be the duty of the poundmaster, Animal Warden
Services, and every police officer to apprehend any dog found
unlicensed, or any animal running at large, contrary to
Sections 7.04 and 7.07 to impound such animal at the City or
other suitable place.
Subd. (2) Dangerous, Fierce or Vicious Animals.
If any dangerous, fierce, or vicious animal found at
large in the City cannot be safely taken and impounded, such
animal may be slain by the animal warden or any police officer,
or impounded until a licensed veterinarian shall certify that
the animal is not rabid.
Subd. (3) Dangerous Propensities of Biting Animals.
Any animal which has bitten a person within 60 days
preceding impoundment or other disposition hereunder shall
for the purposes of this ordinance, be considered an animal
of dangerous, fierce, or vicious propensities.
Subd. (4) Notice.
Notice of impounding shall be given to the owner of the
animal. In case the owner is unknown, written notice shall
be posted at the Police Department. If the animal is not
reclaimed within five days of the posting of the notice, it will
be sold or killed. The notice of impounding shall be in
substantially the following form:
-4-
NOTICE OF IMPOUNDING DOG
(or other animal)
Date: , 19
TO WHOM IT MAY CONCERN:
I have this day impounded in the pound of the City of
New H~o~e at
a~dog ~ (other animal)
~ the following description: SEX
COLOR BREED
ESTIMATED AGE
NOTICE IS HEREBY GIVEN, that unless such animal is
claimed and redeemed on or before o'clock .M.
on the day of , 19 , the same
will be sold, killed or otherwise disposed of as provided by
ordinance.
Signed
Poundmaster (or Poundkeeper)
Subd. (5) Reclaiming Animals and Fees.
The owner of any animal so impounded may reclaim such
animal upon payment of the license fee, if such license is re-
quired but unpaid; the impounding fee and the boarding charges.
Fees in connection with the boarding, impounding, euthanasia
and similar services shall be as set forth by City contract with
the Animal Pound. In the event the impounded animal has not
been vaccinated for rabies, and evidence thereof is not
presented to the poundmaster as provided in Section 7.08,
the poundmaster may accept a deposit of $25 cash, in addition
to the other charges provided for herein, and release the
animal to the person claiming the animal as owner for the
purpose of having the animal vaccinated for rabies. The
$25 deposit shall be released to the owner by cash or check
if a certificate of vaccination is presented within 30 days after
the $25 deposit is made. The poundmaster shall issue numbered,
dated receipts for all payments, including the $25 deposit. The
poundmaster shall withhold delivery of the license for the
animal until the vaccination certificate is presented to him.
Unclaimed licenses and unclaimed $25 deposits shall be turned
over to the City as specified by the Clerk-Treasurer. No de-
posits, or any portion thereof, shall be refunded by either the
poundmaster or the City after 30 days from the date of the deposit,
and such deposit shall be forfeited to the City.
-5-
7.06 Disposition of Unclaimed or Infected Animals.
Any animal impounded shall be kept for at least five days unless
sooner reclaimed by the owner as provided above. If the animal shall
not have been redeemed at such time it may be disposed of in the
following manner:
Subd. (1) Destroyed or Sold.
The animal may be destroyed or sold, provided that such
animal shall not be sold for less than the aggregate amount pro-
vided in Section 7.04(4). Ail animals which appear in the judg-
ment of the City Health Officer or in the judgment of the City
Veterinarian to be suffering from rabies or affected with hydro-
phobia, shall not be released but shall be killed by the pound-
keeper and such disposition of the remains as shall be directed
by the City Veterinarian.
Subd. (2) Use for Scientific Purposes.
Whenever any licensed educational or scientific institution
under Minnesota Statutes, Section 35.71, shall request the
poundkeeper for permission to use, for research purposes any
impounded animal or animals, any impounded animal or animals
remaining unclaimed shall be surrendered to such institution.
7.07 Confinement and Control.
No person who owns, keeps, harbors or maintains an animal,
or the parents or guardian of any person under 18 years of age who
keeps an animal, shall allow or permit at anytime any animal to be
on any area or lot of private land in the City without being effectively
restrained from entering beyond such area or lot by leashing or fencing.
No person having custody or control of any animal shall permit such
animal at anytime to be on any street, public park, school grounds or
public place in the City without being effectively restrained by chain
or leash not exceeding six feet in length. Animals in heat shall be
confined in an enclosure which prevents their escape, or the entry
therein of other animals.
7.08 Rabies Vaccination.
No license shall be granted for a dog which has not been vac-
cinated for rabies with a modified live virus type of vaccine within
18 months prior to June i of the license year for which application is
made, or with a killed virus vaccine within 3 months prior to June 1
of the license year for which application is made. A Certificate of
-6-
Vaccination or other statement to the same effect executed by a doctor
qualified to practice veterinary medicine in the state in which the
dog is vaccinated shall be prima facie proof of the required vaccination.
7.09 Muzzling Proclamation.
Whenever the prevalence of hydrophobia or rabies render
such action necessary to protect the public health and safety, the
mayor may issue a proclamation ordering every person owning or
keeping an animal to confine it securely on his premises unless it
is muzzled so that it cannot bite. No person shall violate such
proclamation and any unmuzzled animal running at large during
the time affixed in the proclamation shall be killed by the pound-
master, animal warden or Animal Warden Service or any police
officer, without notice to the owner.
7.10 Biting Animals.
Subd. (1) Impounding.
An animal which is capable of transmitting rabies and
which has bitten a person shall be taken up and impounded
for at least ten days from the time of the bite, separate and
apart from all other animals and under the care and supervision
of a licensed veterinarian, until it is determined whether or
not said animal had or has rabies. If the animal is found to be
rabid, it shall be destroyed; if it is found not be be rapid and
so determined in writing by the City Veterinarian or other
licensed veterinarian, it shall be returned to the owned provided
that owner shall first pay for the cost of impounding it. If the
owner does not pay such cost within five days after he has been
notified to claim or retrieve his animal, the animal may be dis-
posed of as provided in Section 7.06. If the said impounding
facility is one other than the City Dog Pound, it shall be one
acceptable to the poundmaster. The cost incurred by the City
in carrying out the provisions of this paragraph shall be paid
by the owner of such impounded animal. In any event, no
impounded dog shall be released until it is licensed as provided
in Section 7.05.
Subd. (2) Bitten Animals.
An animal which has been bitten by a known rabid
animal shall be picked up and destroyed, provided, however,
that such animal may be immediately killed if with reasonable
effort it cannot first be taken up and impounded. If so picked
-7-
up and impounded, the animal shall not be destroyed if the owner
thereof makes provisions for a suitable quarantine for a period
of not less than six months for unvaccinated animals, or for
30 days, if proof of previous immunization is furnished and
booster injections are given by a licensed veterinarian at the
expense of the owner of such animal.
7.11 Establishment of City Pound.
The City pound and City poundkeeper shall be named by
resolution of the City Council. The Director of Police shall be deemed
poundmaster. The City pound, City poundkeeper shall be named by
action of the Council.
7.12 Records.
The poundkeeper shall cause an account to be kept of animals
impounded at the City pound, and of their disposition. He shall turn
over such accounts to the Clerk-Treasurer from time to time, or upon
request of the poundmaster, Clerk-Treasurer, or the City Manager.
7.13 Animal Warden Services.
The Animal Warden Service and animal warden shall be named by
the City Council. The animal warden and the Animal Warden Service and
its employees or agents shall have the powers and duties to patrol the
City and enforce the provisions of this ordinance including the issuing
of citations for violations thereof.
7.14 Interference w~h Officers.
No unauthorized person shall break open the pound or attempt
to do so, or to take or let out any animal therefrom or take or attempt
to take from any officer, animal warden or agent or employee of the
animal warden service any animal taken up by such officer, warden,
employee or agent, in compliance with this ordinance, or in any
manner interfere with or hinder such officer, warden, employee or
agent in the discharge of his duties under this ordinance.
7.15 Penalty.
Any person violating any of the provisions of this ordinance
shall be guilty of a petty misdemeanor and shall be punished by a
fine not to exceed $100, provided, however, that violation of Section
7.10 by an animal owner, or person responsible for any animal,
shall be a misdemeanor.
-8-
Attest:
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the .~fg day of
~C~'~ ~'~,~ , 1976.
~ Cle~rk-Treasurer
(Published in the New Hope-Plymouth Post the ~'v~ day of //f~ jr
,1976.)
-9-
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COgNTY OF
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 a nd printer of the newspaper known as
NE',X IlOPE-PLYMOUTtI POST
and has fuil knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent Of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currenHy 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
(TI'lES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his directlon and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper flies 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.
Hefurtherstatesonoath thattheprinted . . (~.'. . . ~*~!~.7.. .~~'~'~. ~'~'~/~ ......................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
...... essive weeks; that it was first so published on .~~
the~English language, once each week, for.. /
U
t h e.. ~Jq.... d a y of'~,~b~'-~.~ ..... 19.~. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz 51/2 pt. Sans
Subscribed and sworn to before
me thls ...................... day ......
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 25
AN ORDINANCE ADDING SECTION 11.28 TO
THE CITY CODE RELATING TO PARKING FOR
THE PHYSICALLY HANDICAPPED.
City of New Hope, Minnesota
The City Council of the City of New Hope does ordain'as follows:
Section 1. Chapter 11 of the City Code, Traffic Regulations, is hereby
amended by adding the following:
11.28 Parking For The Handicapped.
Subd. (1) Definition.
The term physically handicapped as employed herein
shall include any person who has sustained an amputation of
or permanent disability of either or both arms or legs, or who
has been otherwise permanently disabled in any manner
rendering it difficult and burdensome for him to walk.
Subd. (2) Parking Prohibited.
No person shall park, obstruct, or occupy with a motor
vehicle, any parking space, on public or private property,
designated and posted as parking for handicapped persons,
pursuant to Section 5502 of the State Building Code, unless
said vehicle prominently displays an insignia or certificate
issued by the Department of Motor Vehicles pursuant to
Minnesota Statutes § 169.345 (3).
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the
November , 1976.
Attest: ~~ /
'~t'y l~uliot, Clerk-Treasurer
8th day of
(Published in the New Hope-Plymouth Post the 18th day of November , 1976.)
Perking For tim Hendi~
Definition. ~%~: ~
vehicle, any
or privath
State
Pe~ed bythe City Council ~ the
New Hoge the 8th day of
I~10vember, 1976.
Edwarrd J. Erlcksoh
J'~ ~l~kS°~, Mayor
¢lerk:?reaiurer~
~n me New
1976).
NEW llOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF I'I~--NN'~-PIN'
SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
XE~,V IIOPE-PI~YMOUTtt 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 9~0 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve a nd does not wholly duplicate any other publication and is not made up enti rely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
('ITIES OF NEW ItOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper flies 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... ;',.._~'¢-:t~ .-... X.(. ~9.5.. 7~r~ 7~C .............................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'Eng sh anguage, onceeachweek, f .... /..s .... ssiveweeks;thatitwasfirstsopublishedon ./--~--~~.
th .... /4~/-~da YOf~-'/-~''~'~· '9.~. and WaS thereafter printed and published on every .....................~
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
: ~ ['. ....................
me this ...... ./~-'~' day of ~.~...~~-'h/A D 19~:2
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 76- 26
AN ORDINANCE AMENDING SECTION 9.02 (f)
OF THE CITY CODE RELATING TO
FLAMES OR FIRES ON APARTMENT BALCONIES
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 9.02 (f) of the City Code is hereby amended to
read as follows:
9.02
(f)
Article 28 is amended by adding and inserting therein
after 28.17 the following section, to be numbered
Section 28.18 "Open Flames on Apartment Balconies
or Patios":
No person shall kindle, maintain or cause any fire or
open flame on any apartment balcony above ground
level or ground floor patio immediately adjacent
to or within fifteen (15) feet of any apartment unit.
No person shall store any fuel, barbecue torch or other
similar heating or lighting chemicals or device in either
of the above locations. Storage of any grills or other
similar cooking devices in either location shall be per-
mitted only if adequate storage space is not available
elsewhere in the apartment buildings or common areas
of the apartment complex.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the 8th day of
November , 1976.
Attest:
B e~iiot, Clerk-Treasurer
Edward J//I~rickson, Mayor
Published in the New Hope-Plymouth Post the ] 8th day of November
, 1976.
NEW I1OPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STJkT~-- OF MINNIe-SOTek
gOgNTY Ol:'
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing CO., publisher and printer of the newspaper known as
NEW llOPE-PLYMOLTTtl POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports fo serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which if purports to serve, has at
least 500 copies regularly delivered fo paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
(qJ'IES OF NEW IlOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed .... .~..//~].. '~(t~ .'.. 7¢.'~ ~ ........................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
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
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--SI/2 pt. Sans
Subscribed and sworn to before
me this .... Z'~..~ ........ day of.~:/~~A.D., 19.~.
........................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......