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06-12-18 C/M Agenda Packet A G E N D A Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room June 12, 2018 6:30 pm Pages 1. Review Comprehensive Annual Financial Report (30 minutes) 2 2. Review Recodification Proofs for the Golden Valley City Code (30 minutes) 3-431 3. Council Review of Future Draft Agendas: City Council June 19, City Council July 3 and Council/Manager July 10, 2018 432-434 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. Executive Summary Golden Valley Council/Manager Meeting June 12, 2018 Agenda Item 1. Review Comprehensive Annual Financial Report Prepared By Sue Virnig, Finance Director Summary Bill Lauer from Malloy Montague Karnowski Radosevich & Co. will be in attendance to discuss the 2017 Comprehensive Annual Financial Report, Management Report and Special Purpose Audit Reports. His main focus will be reviewing the Management Report document. The three documents: 2017 Comprehensive Annual Financial Report (CAFR) is located on the City website at: http://www.goldenvalleymn.gov/departments/administrativeservices/index.php#finance. The Management Report and Special Purpose Audit Report will be sent electronically. Paper copies will be available for council if needed. Executive Summary Golden Valley Council/Manager Meeting June 12, 2018 Agenda Item 2. Review Recodification Proofs for the Golden Valley City Code Prepared By Kris Luedke, City Clerk Sue Virnig, Finance Director Summary Recodification of the Golden Valley’s City Code is considered for the most part as a housekeeping project. It involved a complete review of the current City Code for administrative and clerical corrections, relating to: • Spelling and grammar • Outdated legislative references • Obsolete code language which include the elimination of conflict and inconsistence provisions in connection with the Minnesota Statues • Language/symbol (i.e. spelling out percentage vs. %; feet vs. ft & fractions) • Stylistic changes (boldface vs. italics; Sec. vs Section) • Municode recommended the reorganization of the City Code Sections to group like topics, eliminate redundant section and for ease search for staff and citizens. This is consistent with the format other Cities are using through Municode. • Providing for inclusive gender language (Unfortunately in the proofs, Municode did not include the “his/her” or “he/she” language instead using “his” or “he” only with a definition of “gender” at the beginning of the Code. Staff will ask Municode to revise the final draft to include the original language) Recodification is recommend every 25 years by codifiers and the League of Minnesota Cities. History Early 2017, the RFP process began and the preferred vendor, Municode, was selected. Municode has been in the legal codification industry since 1951 with over 4,100 customer in all 50 states with over 60 of the clients being located in the State of Minnesota. Municode offers an on-line, mobile friendly searchable website for which the City of Golden Valley will be linked to through our website. Here, the electronic and printed versions of the City Code are updated and maintained. Ordinances awaiting codification are posted on the City website and incorporated into Municode’s website once the Council approval and the publication of the ordinance has been complete. This keeps the public and staff informed of recent code amendments. This project began with a legal review and proposed reorganization of the Golden Valley City Code from Municode. Once the City received the review, staff meet to review the recommended changes. Throughout these meetings, staff also made recommendation to update the City Code using the League of Minnesota model ordinances. Once the staff review was completed, the City Attorney reviewed each chapter for consistence and legal review. Former Chapter 11 - Land Use Regulation (Zoning Code) As part of the recodification process, Planning staff was directed to take the opportunity to address a number of changes in the Zoning Code that have been discussed in the recent past. Modifications to Chapter 11 can be separated into two types. First, code “clean up” was done to reorganize content, add some missing references, simplify language, and update content around Sexually Oriented Businesses and Telecommunications as advised by the City Attorney. Second, code changes were proposed in the following areas as a result of past discussion with the Planning Commission and City Council: regulations surrounding Tax Parcel Divisions, clarification of height requirements, tweaks to the PUD section with respect to Amenity Points and Amendments, new Outdoor Storage regulations, some clarifying standards around Conditional Use Permits, and new upper limits on some residential densities (these were absent previously). Proposed Schedule Once the proofs are reviewed and approved by the City, Municode will complete a final copy of the complete City Code which will include the City Code graphics. Because Municode requires a 60 day turnaround time for the final draft, the proposed schedule for approval will be as followed: • The first week of June, individual review with each Council Member and staff. • June 12 Council/Manager - Review of the Recodification Proofs. • August 27 Planning Commission meeting - Planning Commission will hold a public hearing on the Zoning Code Section (former Chapter 11). • September 4 City Council meeting - City Council will hold first consideration of a City Code Amendment except for the Zoning Code (which only requires one consideration). • September 20 City Council meeting - City Council will hold the second consideration of the complete City Code including the Zoning Code. • September 27 - Date of Publication and City Code will be effective. • On-going - Municode will host the City of Golden Valley’s City Code on-line and will incorporate new City ordinances as they are adopted. Attachments: • Golden Valley City Code Proofs (427 pages) PROOFSGOLDEN VALLEY CITY CODE Published in 2018 by Order of the City Council PROOFSOFFICIALS of the CITY OF GOLDEN VALLEY, MINNESOTA AT THE TIME OF THIS RECODIFICATION Shepard M. Harris (Mayor) Joanie Clausen (Councilmember) Larry Fonnest (Councilmember) Steve Schmidgall (Councilmember) Gillian Rosenquist (Councilmember) City Council Tim Cruikshank City Manager Maria T. Cisneros City Attorney Kristine A. Luedke, MMMC City Clerk iii PROOFSPREFACE This Code constitutes a recodification of the general and permanent ordinances of the City of Golden Valley, Minnesota. Source materials used in the preparation of the Code were the 1988 Code, as supplemented through December 6, 2016, and ordinances sub- sequently adopted by the City Council. The source of each section is includedinthehistorynoteappearinginparenthesesattheendthereof.The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1988 Code, as supplemented, and any subsequent ordinance in- cluded herein. The chapters of the Code have been conveniently arranged in alphabet- icalorder,andthevarioussectionswithineachchapterhavebeencatchlined tofacilitateusage.NoteswhichtierelatedsectionsoftheCodetogetherand which refer to relevant state law have been included.Atable listing the state lawcitationsandsettingforththeirlocationwithintheCodeisincludedatthe back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. vii PROOFSPage Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerouscrossreferenceswithintheindexitselfwhichstandasguideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements Aspecial feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the viii PROOFSpublisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Roger D. Merriam, Code Attorney, and Beth Tattershall, Editor, of the Municipal Code Corpo- ration, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance through- out the project. The publisher is most grateful to Ms. MariaT. Cisneros, CityAttorney, and Ms. Kris Luedke, MMMC, City Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs. Copyright All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Golden Valley, Minnesota. Editorial enhancements include, but are not limited to: organization; table of con- tents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Golden Valley, Minnesota. © Copyrighted material. Municipal Code Corporation and the City of Golden Valley, Minnesota. 2018. ix PROOFSPage 1 of 423 TABLE OF CONTENTS PART I .......................................................................................................................................................................5  GENERAL ORDINANCES .......................................................................................................................................5  Chapter 1 ................................................................................................................................................................5  GENERAL PROVISIONS .....................................................................................................................................5  Chapter 2 .............................................................................................................................................................. 16  ADMINISTRATION* ......................................................................................................................................... 16  ARTICLE I. IN GENERAL ............................................................................................................................. 16  ARTICLE II. MAYOR AND CITY COUNCIL* ............................................................................................ 20  ARTICLE III. OFFICERS AND EMPLOYEES* ........................................................................................... 22  ARTICLE IV. DEPARTMENTS* ................................................................................................................... 24  ARTICLE V. BOARDS AND COMMISSIONS ............................................................................................. 24  ARTICLE VI. DOMESTIC PARTNERSHIP REGISTRATION .................................................................... 27  Chapter 3 .............................................................................................................................................................. 29  RESERVED ......................................................................................................................................................... 29  Chapter 4 .............................................................................................................................................................. 30  ALCOHOLIC BEVERAGES* ............................................................................................................................ 30  ARTICLE I. IN GENERAL ............................................................................................................................. 30  ARTICLE II. LICENSES* ............................................................................................................................... 38  Chapter 5 .............................................................................................................................................................. 54  RESERVED ......................................................................................................................................................... 54  Chapter 6 .............................................................................................................................................................. 55  ANIMALS* .......................................................................................................................................................... 55  ARTICLE I. IN GENERAL ............................................................................................................................. 55  ARTICLE II. ANIMAL CONTROL ................................................................................................................ 55  ARTICLE III. KEEPING AND MAINTENANCE ......................................................................................... 65  Chapter 7 .............................................................................................................................................................. 68  RESERVED ......................................................................................................................................................... 68  Chapter 8 .............................................................................................................................................................. 69  EMERGENCY SERVICES* ............................................................................................................................... 69  ARTICLE I. IN GENERAL ............................................................................................................................. 69  ARTICLE II. ALARM SYSTEMS .................................................................................................................. 69  Chapter 9 .............................................................................................................................................................. 71  RESERVED ......................................................................................................................................................... 71  Chapter 10 ............................................................................................................................................................ 72  ENVIRONMENT AND NUISANCES* .............................................................................................................. 72  ARTICLE I. IN GENERAL ............................................................................................................................. 72  ARTICLE II. HAZARDOUS CONDITIONS* ................................................................................................ 75  ARTICLE III. SHADE TREE DISEASES AND PEST CONTROL ............................................................... 77  ARTICLE IV. LAWN MAINTENANCE ........................................................................................................ 79  ARTICLE V. GRAFFITI ................................................................................................................................. 82  Chapter 11 ............................................................................................................................................................ 85  RESERVED ......................................................................................................................................................... 85  Chapter 12 ............................................................................................................................................................ 86  FIRE PREVENTION AND PROTECTION* ...................................................................................................... 86  ARTICLE I. IN GENERAL ............................................................................................................................. 86  ARTICLE II. OPEN BURNING AND RECREATIONAL FIRES ................................................................. 86  Chapter 13 ............................................................................................................................................................ 89  RESERVED ......................................................................................................................................................... 89  Chapter 14 ............................................................................................................................................................ 90  HEALTH AND SANITATION* ......................................................................................................................... 90  ARTICLE I. IN GENERAL ............................................................................................................................. 90  PROOFSPage 2 of 423 ARTICLE II. SMOKING* ............................................................................................................................... 90  Chapter 15 ............................................................................................................................................................ 93  RESERVED ......................................................................................................................................................... 93  Chapter 16 ............................................................................................................................................................ 94  LICENSES, TAXATION AND MISCELLANEOUS REGULATIONS ............................................................ 94  ARTICLE I. IN GENERAL ............................................................................................................................. 94  ARTICLE II. LICENSES GENERALLY ........................................................................................................ 96  ARTICLE III. RENTAL HOUSING LICENSING.......................................................................................... 99  ARTICLE IV. AMUSEMENT DEVICES ..................................................................................................... 106  ARTICLE V. TAXICABS* ........................................................................................................................... 107  ARTICLE VI. TOBACCO ............................................................................................................................. 108  ARTICLE VII. COLLECTORS OF SOLID WASTE AND RECYCLABLES ............................................ 114  ARTICLE VIII. MASSAGE PARLORS, SAUNAS, AND OTHER ADULT-ORIENTED SERVICES* ... 117  ARTICLE IX. HEATING, VENTILATING, AIR CONDITIONING, AND INSTALLERS ....................... 124  ARTICLE X. MOTOR VEHICLE DEALERS .............................................................................................. 125  ARTICLE XI. MOTOR FUEL-DISPENSING OPERATIONS .................................................................... 126  ARTICLE XII. PEDDLERS AND SOLICITORS* ....................................................................................... 127  ARTICLE XIII. PLUMBERS ........................................................................................................................ 130  ARTICLE XIV. PAWNBROKERS AND PRECIOUS METAL DEALERS* ............................................. 130  ARTICLE XV. GAMBLING* ....................................................................................................................... 142  ARTICLE XVI. SEXUALLY ORIENTED BUSINESSES* ......................................................................... 144  ARTICLE XVII. HOTELS AND LODGINGHOUSES ................................................................................ 153  Chapter 17 .......................................................................................................................................................... 158  RESERVED ....................................................................................................................................................... 158  Chapter 18 .......................................................................................................................................................... 159  OFFENSES AND MISCELLANEOUS PROVISIONS .................................................................................... 159  Chapter 19 .......................................................................................................................................................... 166  RESERVED ....................................................................................................................................................... 166  Chapter 20 .......................................................................................................................................................... 167  PARKS AND RECREATION* ......................................................................................................................... 167  ARTICLE I. IN GENERAL ........................................................................................................................... 167  ARTICLE II. PUBLIC CONDUCT IN PARKS ............................................................................................ 167  Chapter 21 .......................................................................................................................................................... 170  RESERVED ....................................................................................................................................................... 170  Chapter 22 .......................................................................................................................................................... 171  SOLID WASTE*................................................................................................................................................ 171  ARTICLE I. IN GENERAL ........................................................................................................................... 171  ARTICLE II. COLLECTION AND DISPOSAL ........................................................................................... 171  Chapter 23 .......................................................................................................................................................... 175  RESERVED ....................................................................................................................................................... 175  Chapter 24 .......................................................................................................................................................... 176  STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* ......................................................................... 176  ARTICLE I. IN GENERAL ........................................................................................................................... 176  ARTICLE II. RIGHT-OF-WAY MANAGEMENT* .................................................................................... 176  Chapter 25 .......................................................................................................................................................... 198  RESERVED ....................................................................................................................................................... 198  Chapter 26 .......................................................................................................................................................... 199  TRAFFIC AND VEHICLES* ............................................................................................................................ 199  ARTICLE I. IN GENERAL ........................................................................................................................... 199  ARTICLE II. STOPPING, STANDING AND PARKING* .......................................................................... 209  ARTICLE III. COMMERCIAL VEHICLES, JUNK CARS, STOCK CARS, RACERS, ETC. ................... 216  ARTICLE IV. INVOLUNTARY TOWING .................................................................................................. 219  Chapter 27 .......................................................................................................................................................... 224  PROOFSPage 3 of 423 RESERVED ....................................................................................................................................................... 224  Chapter 28 .......................................................................................................................................................... 225  UTILITIES ......................................................................................................................................................... 225  ARTICLE I. IN GENERAL ........................................................................................................................... 225  ARTICLE II. WATER SYSTEM* ................................................................................................................. 228  ARTICLE III. SEWER SYSTEM* ................................................................................................................ 231  Chapters 29--100 ................................................................................................................................................ 237  RESERVED ....................................................................................................................................................... 237  PART II .................................................................................................................................................................. 238  LAND DEVELOPMENT ...................................................................................................................................... 238  Chapter 101 ........................................................................................................................................................ 238  GENERAL AND ADMINISTRATIVE PROVISIONS .................................................................................... 238  Chapter 102 ........................................................................................................................................................ 239  RESERVED ....................................................................................................................................................... 239  Chapter 103 ........................................................................................................................................................ 240  BUILDINGS AND BUILDING REGULATIONS* .......................................................................................... 240  Chapter 104 ........................................................................................................................................................ 250  RESERVED ....................................................................................................................................................... 250  Chapter 105 ........................................................................................................................................................ 251  SIGNS ................................................................................................................................................................ 251  Chapter 106 ........................................................................................................................................................ 265  RESERVED ....................................................................................................................................................... 265  Chapter 107 ........................................................................................................................................................ 266  STORMWATER MANAGEMENT .................................................................................................................. 266  Chapter 108 ........................................................................................................................................................ 282  RESERVED ....................................................................................................................................................... 282  Chapter 109 ........................................................................................................................................................ 283  SUBDIVISIONS* .............................................................................................................................................. 283  ARTICLE I. IN GENERAL ........................................................................................................................... 283  ARTICLE II. PLATTING* ............................................................................................................................ 286  DIVISION 1. GENERALLY ..................................................................................................................... 286  DIVISION 2. PRELIMINARY PLAT ....................................................................................................... 286  DIVISION 3. FINAL PLAT ....................................................................................................................... 288  DIVISION 4. MINOR SUBDIVISIONS AND CONSOLIDATIONS ...................................................... 290  ARTICLE III. DESIGN STANDARDS ......................................................................................................... 293  ARTICLE IV. PUBLIC SITES AND OPEN SPACES*................................................................................ 296  ARTICLE V. REQUIRED IMPROVEMENTS ............................................................................................. 296  Chapter 110 ........................................................................................................................................................ 298  RESERVED ....................................................................................................................................................... 298  Chapter 111 ........................................................................................................................................................ 299  TREE AND LANDSCAPE REQUIREMENTS* .............................................................................................. 299  Chapter 112 ........................................................................................................................................................ 307  RESERVED ....................................................................................................................................................... 307  Chapter 113 ........................................................................................................................................................ 308  ZONING* ........................................................................................................................................................... 308  ARTICLE I. IN GENERAL ........................................................................................................................... 308  ARTICLE II. ADMINISTRATIVE ............................................................................................................... 315  ARTICLE III. ZONING DISTRICTS ............................................................................................................ 326  DIVISION 1. GENERALLY ..................................................................................................................... 326  DIVISION 2. SPECIFIC ZONING DISTRICTS ....................................................................................... 328  DIVISION 3. PLANNED UNIT DEVELOPMENT AND OVERLAY DISTRICTS ............................... 360  ARTICLE IV. SUPPLEMENTAL REGULATIONS .................................................................................... 391  PROOFSPage 5 of 423 PART I GENERAL ORDINANCES Chapter 1 GENERAL PROVISIONS Sec. 1-1. Designation and citation of Code. The following chapters shall constitute the "Golden Valley City Code" and may be so cited. Such chapters may also be cited as the "Golden Valley Code." State law reference—Codification of ordinances, Minn. Stats. § 415.021. Sec. 1-2. Definitions and rules of construction. The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise: Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the City Council may be effectuated. Words and phrases shall be construed according to the common and ordinary meaning, but technical words, technical phrases and words and phrases that have particular and appropriate meanings in law shall be construed according to such meanings. Grammatical errors shall not affect the validity of a sentence or clause. Boulevard. The term "boulevard" means the area between the adjacent property line and the portion of a street improved for public travel. City. The term "City" means the City of Golden Valley, Minnesota. The term "City" includes duly authorized representatives of the City. City Council, Council. The term "City Council" or "Council" means the Council of the City of Golden Valley, Minnesota. Code. The term "Code" means the Golden Valley City Code, as designated in Section 1-1. County. The term "County" means Hennepin County, Minnesota. Delegation of authority. A provision that authorizes or requires a City officer or City employee to perform an act or make a decision also authorizes such officer or employee to act or make a decision through subordinates. Gender. Words of one gender include all other genders. Includes. The term "includes" does not limit a term to a specified example. Joint authority. Unless otherwise stated, words giving joint authority to three or more persons give such authority to a majority of such persons. May. The term "may" shall to be construed as being permissive and not mandatory. May not. The term "may not" states a prohibition and is interchangeable with the term "shall not." Minn. Stats. The abbreviation "Minn. Stats." mean the Minnesota Statutes, as amended. Month. The term "month" means a calendar month. Must. The term "must" shall be construed as being mandatory. Number. Words in the singular include the plural. Words in the plural include the singular. Oath. A solemn affirmation is the equivalent to an oath and a person shall be deemed to have sworn if such person makes such an affirmation. PROOFSPage 6 of 423 Officers, departments, etc. References to officers, departments, boards, commissions or employees are to City officers, City departments, City boards, City commissions and City employees. Owner. The term "owner," as applied to property, means the person or entity who holds title to the property, including, but not limited to, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property, and vendees under a contract for deed. Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity. Personal property. The term "personal property" means any property other than real property. Premises. The term "premises," as applied to real property, includes land and structures. Property. The term "property" includes real property, personal property and mixed property. Real property, real estate, land, lands. The terms "real property," "real estate," and "land" include lands, buildings, tenements and hereditaments and all rights and interests therein except chattel interests. Shall. The term "shall" shall be construed as being mandatory. Sidewalk. The term "sidewalk" means that portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line, intended for the use of pedestrians. If there is no public area between the lateral lines of the roadway and the abutting property line, then the area immediately abutting the street line shall be construed as the sidewalk. Signature or subscription by mark. The term "signature" or "subscription" includes a mark when the signer or subscriber cannot write. In such situations, such person's name shall be written near the mark by a witness who writes his own name near such person's name. State. The term "State" means the State of Minnesota. Street. The term "street" means any alley, avenue, boulevard, highway, road, lane, viaduct, bridge and the approach thereto, and any other public thoroughfare in the City. The term "street" also means the entire width thereof between abutting property lines. The term "street" includes a sidewalk or footpath. Tenant, occupant. The term "tenant" or "occupant," as applied to a building or land, includes: (1) Any person holding either alone or with others a written or oral lease of such building or land. (2) Any person who either alone or with others occupies such building or land. Tense. The present tense includes the past and future tenses. The future tense includes the present tense. Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is authorized or required, it shall be made in writing in the English language. Year. The term "year" means a calendar year. Sec. 1-3. Computation of time. (a) When the term "successive weeks" is used in any ordinance providing for the publication of notices, the word "weeks" shall be construed as calendar weeks. The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication. At least the number of weeks specified in "successive weeks" shall elapse between the first publication and the day for the happening of the event for which the publication is made. (b) When the lapse of a number of months before or after a day is required by an ordinance under this chapter, the number of months shall be computed as follows: (1) Count the number of months from such day, but exclude the calendar month in which that day occurs; (2) Include the day of the month which, in the last month counted, has the same numerical value as the day of the month from which the computation is made; and if there are not that many days in the last month, PROOFSPage 7 of 423 then the period computed shall expire with the last day of the month counted. (c) Where the performance or doing of any act, duty, matter, payment or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law or ordinance, the time, except as otherwise provided in Subsections (a) and (b) of this section, shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday or legal holiday, that day shall be omitted from the computation and the period shall expire on the next business day. (d) When an application, payment, return, claim, statement or other document is to be delivered to or filed with a department, agency or instrumentality of the City on or before a prescribed date and the prescribed date falls on a Saturday, Sunday or legal holiday, it is timely delivered or filed if it is delivered or filed on the next day. State law reference—Similar provisions, Minn. Stats. §§ 645.13--645.151. Sec. 1-4. Headings; history notes; references. (a) The section headings used herein are for purposes of convenience only, and shall not affect the construction or interpretation of any provision of this Code. (b) The history or source notes appearing in parentheses after sections in this Code have no legal effect and only indicate legislative history. Editor's notes and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect. (c) Unless specified otherwise, all references to chapters, articles, divisions or sections are to chapters, articles, divisions or sections of this Code. State law reference—Similar provisions, Minn. Stats. § 645.49. Sec. 1-5. Effect of repeal of ordinances. (a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any repealed ordinance. (b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal. State law reference—Similar provisions, Minn. Stats. §§ 645.35, 645.36. Sec. 1-6. Amendments to Code; effect of new ordinances; amendatory language. (a) All ordinances passed subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. (b) Amendments to provisions of this Code may be made with the following language: "Section (chapter, article, division or subdivision, as appropriate) ___ of the Golden Valley Code is hereby amended to read as follows:. . .." (c) The following language may be used to add a new section, subdivision, article or chapter to the Code: "Section (chapter, article, division or subdivision, as appropriate) ___ of the Golden Valley City Code is hereby created to read as follows:. . .." (d) All provisions of this Code desired to be repealed shall be repealed specifically by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance. Sec. 1-7. Supplementation of Code. (a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the City. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of the supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become PROOFSPage 8 of 423 obsolete or partially obsolete. The new pages shall be so prepared that when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of this Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified Code. For example, the person may: (1) Arrange the material into appropriate organizational units. (2) Supply appropriate headings and titles for chapters, articles, divisions, subdivisions and sections to be included in the Code and make changes in any such headings and titles or in any such headings and titles already in the Code. (3) Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the Code. (4) Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections. (5) Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this subdivision," "this section" or insert section numbers to indicate the sections of this Code that embody the substantive sections of the ordinance incorporated in the Code. (6) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the Code. Sec. 1-8. General penalty; continuing violations. (a) The term "violation of this Code" means any of the following: (1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, a misdemeanor or a petty misdemeanor by ordinance or by rule or regulation authorized by ordinance. (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance. (3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, a misdemeanor or a petty misdemeanor by ordinance or by rule or regulation authorized by ordinance. (4) Counseling, aiding or abetting a violation of this Code as defined in this section. (b) The term "violation of this Code" does not include the failure of a City officer or City employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section. (c) Except as otherwise provided by law or ordinance, a violation of this Code shall be a misdemeanor punishable by a fine set by Minn. Stats. § 609.02, subd. 3, unless declared to be a petty misdemeanor. Petty misdemeanors shall be punishable by a fine to be set by Minn. Stats. § 609.02, subd. 4a, except that for a violation of Chapter 26, Article I, the maximum fine imposable shall be $100.00. A person convicted of a violation of this Code shall pay the costs of prosecution. (d) Except as otherwise provided by law or ordinance: (1) With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. (2) With respect to violations that are not continuous with respect to time, each act is a separate offense. (e) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions. (f) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated PROOFSPage 9 of 423 by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief. State law reference—Authorized penalty for ordinance violations, Minn. Stats. §§ 412.231, 609.0332, 609.034. Sec. 1-9. Administrative citations. (a) Purpose. The City Council finds that there is a need for alternative methods of enforcing the City Code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the City and the accused. The delay inherent in that system does not ensure prompt resolution. The higher burden of proof and the potential of incarceration do not appear appropriate for most Code violations; and the criminal process does not always regard City Code violations as being important. Accordingly, The City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement enforcing the City Code and that will be a administrative citations can be a cost effective and expeditious alternative to traditional criminal fines and penalties. Administrative citations are in addition to any other legal remedy which may be pursued for City Code violations and the City, in its discretion, may choose not to initiate the administrative citation and procedures set forth in this section, and may bring criminal charges or seek any other remedy or penalty permitted under the City Code or other applicable law in the first or succeeding instances. (b) Scope. (1) The administrative procedures and penalties in this section may, in the City's discretion, be used for any violation of the City Code, or any violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code. Except as expressly provided in this section, the provisions of this section may be used concurrently with or in addition to any other procedure or remedy, criminal or civil, the City may pursue under City Code, State law, or Federal law. Nothing herein restricts the right of the City to enter property immediately or to seek other remedies in emergency or other situations as authorized by City Code, State law, or Federal law. Where differences occur between provisions of this section and other applicable City Code sections, this section controls to the extent of such differences. No provision of the City Code that provides a criminal procedure or penalty, or an administration or civil procedure or penalty, for a violation of the City Code shall preclude the application of this section in its entirety to such violation. (2) The penalties and procedures provided in this section shall be applicable to every section and chapter of the City Code, the same as though this section were a part of each separate section and chapter. (3) It is the intention of the City Council that The penalties and procedures provided by this section shall apply to any amendment of the City Code, whether or not such penalty is reenacted in the amendatory ordinance amendment, unless otherwise provided in the amendatory ordinance such amendment. (4) Section 2-42(c) shall not apply to this section. (c) General provisions. (1) A violation of a provision of the City Code, or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code, is an administrative offense that may be subject to an administrative citation and civil penalties set forth herein; provided an administrative offense shall not include any such violation subject to the Uniform Traffic Regulations Act in Minn. Stats. ch. 169. (2) Unless expressly provided otherwise in the City Code, each day a violation exists constitutes a separate administrative offense. (3) The City Council shall adopt by ordinance a schedule of penalties for offenses that may be initiated by administration citation. (4) The City Council may adopt by resolution a schedule of fees to be paid to administrative hearing officers for his services. (5) The maximum monetary penalty for a single administrative offense may not exceed the maximum monetary fine authorized by State law for misdemeanor offenses or the maximum monetary penalty authorized by State law for an administrative process; provided for purposes of determining the amount PROOFSPage 10 of 423 of the monetary penalty the cost of any required compliance actions and any consequences of a revoked or suspended license shall not be included. (6) The City Manager or his designee is authorized to promulgate rules and forms to implement these procedures herein. (d) Issuance; contents. (1) Any person with authority to enforce the City Code may, upon a reasonable belief that there has been a violation thereof (or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code) issue an administrative citation to the violator or party responsible for the violation in one of the following ways: a. By personal service upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upon a manager on the premises or to a corporate officer; b. By first class mail to a person identified in Subsection (d)(1)a of this section; c. By posting the citation in a conspicuous place on or near the main entrance when it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling; d. By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; or e. By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail, notice of the citation to the licensee when the property is a rental dwelling licensed by the City. (2) The administrative citation shall state the nature, location, date, and time of the violation, provide a citation to the section of the City Code violated, identify the person issuing the administrative citation, the civil penalty, where, by when and in what manner any fine must be paid, a brief description of the process to contest, required compliance or abatement actions (if applicable), and any other information the City Manager or his designee deems applicable. (3) If the City seeks to impose more than one penalty for a continuing violation, a separate citation shall be issued for each violation date. (e) Responding to an administrative citation. (1) A party who has received an administrative citation must, within 20 days after the administrative citation is issued, pay the amount of any fine set forth therein or, if the party desires to contest the administrative citation, request a hearing as set forth in Subsection (i) of this section. (2) Any fine may be paid in person at City Hall, by mail or by other method set forth in the administrative citation. (3) Payment of any fine shall be deemed a final admission of the violation and thereafter the City shall not bring a criminal charge for the same violation. (4) Payment of any fine shall not excuse the failure to satisfy any compliance orders referenced in the administrative citation and such payment shall not bar further enforcement activity by the City for a continuing violation, including without limitation the issuance of additional administrative citations. (f) Recovery of civil fines. (1) If a fine imposed by an administrative citation is not paid within the time specified, it constitutes: a. A personal obligation of the violator; and b. A lien upon the real property upon which the violation occurred if the property or improvements on the property were the subject of the violation and the property owner was responsible for that violation. PROOFSPage 11 of 423 (2) A lien may be assessed against the property and collected in the same manner as taxes. The lien may include the administrative and legal costs incurred by the City in connection with collecting the unpaid administrative penalty. (3) A personal obligation may be collected by any appropriate legal means. (4) A late payment fee of 10 percent of the fine amount will be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. (5) During the time that a fine remains unpaid, no City approval will be granted for a license, permit, or other City approval sought by the violator or for property under the violator's ownership or control. (6) Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a license or permit associated with the violation. (7) Upon failure to pay the fine within the time specified, the City may elect to charge the initial violation as a petty misdemeanor or misdemeanor charge, and the administrative offense procedure set forth in this section shall no longer apply to such violation. (8) The provisions is foregoing of this subsection shall be an additional remedy and not in lieu of a replacement for any other penalty provided for in City Code or State law. (g) Optional procedure. The City, in its sole discretion, may choose not to utilize the administrative citations and procedures provided for under this section for any violation of the City Code and may instead bring criminal charges or any other remedy (including civil fines) permitted by the City Code, State law or Federal law. In the event a party participates in the administrative citation procedures set forth in this section, but does not comply with the civil penalty imposed and the party is not otherwise absolved of the administrative offense, the City may seek to collect the costs of the administrative offense procedure including, without limitation, the City's attorney fees and cost as part of a subsequent criminal sentence in the event the if the party is charged and is found guilty of the violation. (h) Disposition of penalties. All civil fines collected pursuant to this section shall be paid to the City and deposited into the general fund. (i) Appeal process. (1) Any person directly affected by an administrative citation issued pursuant to this section shall have the right to appeal to a hearing officer as provided for in Section 2-4. (2) The failure to pay the fine or request a hearing within 20 days after the citation along with the appeal processing fee, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause" are as follows: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. The term "good cause" does not include forgetfulness and intentional delay. (3) If the final adjudication of the administrative citation under the appeal procedure is a finding of no violation, then the City may not prosecute a criminal violation based on the same set of facts. This does not preclude the City from pursuing a criminal conviction for a violation of the same provision based on a different set of facts. A different date of violation will constitute a different set of facts. (4) The City will not be obligated to reimburse for any costs undertaken pursuant to a compliance order, even if it is determined, after an appeal hearing, that there was no violation as charged in the administrative citation. (j) Failure to pay is separate violation. The following are separate violations of the City Code, punishable as misdemeanors in accordance with State law: (1) Unless a notice of appeal has been timely filed, failure to pay the civil fine within the time required after issuance of an administrative citation; (2) Failure, without good cause, to appear at a hearing which was scheduled under Subsection (i) of this PROOFSPage 12 of 423 section; and (3) Failure to pay a fine imposed by a hearing officer within 30 days after it was imposed, or such other time as may be established by the hearing officer, unless the judicial review has been sought for the matter in accordance with State law. (Code 1988, § 2.90; Ord. No. 565, 2nd series, 7-30-2015) Sec. 1-10. Severability. If any provision of this Code or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of any provision in the Code which can be given effect without the invalid provision or application, and to this end, the provision of this Code are severable. Sec. 1-11. Provisions deemed continuation of existing ordinances. The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the City relating to the same subject matter, shall be construed as restatement and continuation thereof and not as new enactments. Sec. 1-12. Code does not affect prior offenses or rights. Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of the ordinance adopting this Code. Nothing in this Code or the ordinance adopting this Code creates or eliminates any preexisting nonconforming uses. Sec. 1-13. Certain ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance listed in this section. Such ordinances continue in full force and effect to the same extent as if published at length in this Code. (1) Annexing property into the City. (2) Deannexing property or excluding property from the City. (3) Providing for salaries or other employee benefits not codified in this Code. (4) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness. (5) Authorizing or approving any contract, deed, or agreement. (6) Making or approving any appropriation or budget. (7) Granting any right or franchise. (8) Vacating any easement or parkland. (9) Adopting or amending the Comprehensive Plan. (10) Levying or imposing any special assessment. (11) Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street. (12) Establishing the grade of any street or sidewalk. (13) Dedicating, accepting or vacating any plat or subdivision. (14) Levying, imposing or otherwise relating to taxes not codified in this Code. (15) Establishing traffic regulations for specific locations not codified in this Code. (16) Rezoning specific property. (17) That is temporary, although general in effect. (18) That is special, although permanent in effect. PROOFSPage 13 of 423 (19) The purpose of which has been accomplished. Sec. 1.01. Application. The provisions of this Chapter shall be applicable to all the chapters, sections, subdivisions, paragraphs and provisions in the City Code, and the City Code shall apply to all persons and property within the City of Golden Valley, Minnesota, and within such adjacent area as may be stated in specific provisions. Sec. 1.02. Definitions. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for the purpose of every chapter, section, subdivision, paragraph and provision of this City Code, shall have the following meanings and inclusions: 1 City: means the City of Golden Valley, Minnesota, acting by or through its duly authorized representative. 2 Council and City Council: mean the City Council of the City of Golden Valley, Minnesota. 3 City Manager: means the person duly appointed by the City Council and acting in such capacity. 4 City Clerk: means the person duly appointed by the City Council and acting in such capacity. 5 Person: includes all firms, partnerships, associations, corporations and natural persons. 6 Written and In Writing: mean any mode of representing words and letters in the English language. 7 Street: means the entire area dedicated to public use, or contained in an easement or other conveyance or grant to the City, and shall include, but not be limited to, roadways, boulevards, sidewalks, alleys, and other public property between lateral property lines in which a roadway lies. 8 Public Property and Public Place: mean any place, property or premises open to public use. 9 Private Property: means all property not included within the definition of public property or public place. 10 Intersection: means the area embraced within the prolongation or connection of the lateral curbline or, if no curb, then the lateral boundary lines of the roadways or streets which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict. 11 Roadway: means that portion of a street improved, designed, or ordinarily used for vehicular travel. In the event a street includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. 12 Police Officer and Peace Officer: mean every officer, including special police, authorized to direct or regulate traffic, keep the peace, and appointed or employed for the purpose of law enforcement. 13 Misdemeanor: means the crime for which a sentence of not more than 90 days or a fine of not more than $700.00, or both, may be imposed. 14 Petty Misdemeanor: means an offense, which does not constitute a crime, and for which a sentence of a fine of not more than $200.00 may be imposed. Provided, however, that for the purpose of City Code, Chapter 8, a maximum fine of not more than $100.00 may be imposed. 15 Conviction: means either of the following accepted and recorded by the Court: A plea of guilty; or, A verdict of guilty by a jury or a finding of guilty by the Court. 16 Crime: means conduct which is prohibited by ordinance and for which the actor may be sentenced to imprisonment or fine. 17 Ordinance: means an ordinance duly adopted by the City Council of Golden Valley, Minnesota. 18 Ex Officio Member: means a person who is not counted for the purpose of determining a quorum, and has no right to vote, but shall have the right and obligation (within such person's discretion) to speak to any question coming before the board, commission or other deliberative body of which such person is an ex officio member. 19 May: is permissive. PROOFSPage 14 of 423 20 Shall: is mandatory. 21 Violate: includes failure to comply with. 22 Premises: means any lot, piece or parcel of land within a continuous boundary whether publicly or privately owned, occupied or possessed. Sec. 1.03. Violation a misdemeanor or petty misdemeanor. Every person violates a chapter, section, subdivision, paragraph or provision of this City Code when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor, or as for a petty misdemeanor, except as otherwise stated in specific provisions herein, as set forth in the specific chapter in which the section, subdivision, paragraph or provision violated appears. Upon conviction for a crime, the actor may be convicted of either the crime charged if it is a misdemeanor, or a petty misdemeanor as an included offense necessarily proved if the misdemeanor charge were proved. Sec. 1.04. Otherwise unlawful. The City Code does not authorize an act or omission otherwise prohibited by law. Sec. 1.05. Severability. Every chapter, section, subdivision, paragraph or provision of the City Code shall be, and is hereby declared, severable from every other such chapter, section, subdivision, paragraph or provision and if any part or portion of any of them shall be held invalid, it shall not affect or invalidate any other chapter, section, subdivision, paragraph or provision. Sec. 1.06. Payment into city treasury of fines and penalties. All fines, forfeitures and penalties recovered for the violation of any ordinance, charter, rule or regulation of the City shall be paid into the City Treasury by the Court or officer thereof receiving such monies. Payment shall be made in the manner, at the time, and in the proportion provided by law. Sec. 1.07. Meanings. As used in this City Code, words of the male gender shall include the female and neuter, and the singular shall include the plural and the plural shall include the singular. Sec. 1.08. Citation. This codification of the ordinances of the City of Golden Valley shall henceforth be known as the City Code and cited thus: "CITY CODE, SECTION ______." Sec. 1.09. Penalties for each offense. When a penalty or forfeiture is provided for the violation of a chapter, section, subdivision, paragraph or provision of this City Code, such penalty or forfeiture shall be construed to be for each such violation. Sec. 1.10. Titles. A title or caption to or in any chapter, section, subdivision, subparagraph or other provision of the City Code is for convenience only and shall not limit, expand, or otherwise alter or control the content, wording or interpretation thereof. Sec. 1.11. Reference to a public official. Wherever an appointed public official is referred to in the City Code, the reference shall include such public official or such public official's designee. Sec. 1.12. Untruthful or fraudulent statements in an application. It is a misdemeanor for any person making an application or certifying something as true or factual under any part of this Code to make a false statement of fact or to falsely certify something as correct or factual when it is not. PROOFSPage 15 of 423 Secs. 1.13 through 1.99., inclusive, reserved for future expansion. (Ord. No. 405, 2nd series, 8-29-2008) PROOFSPage 16 of 423 Chapter 2 ADMINISTRATION* *State law reference—Statutory cities, Minn. Stats. ch. 412. ARTICLE I. IN GENERAL Sec. 2.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 2.99) Sec. 2-1. Fees and charges. The Master Fee Schedule attached to the ordinance from which this section is derived as Exhibit A is hereby adopted as the City's fee schedule effective January 1, 2018, unless otherwise noted and shall be added to Chapter 25. (Ord. No. 627, 2nd Series, § 2, 12-5-2017) Sec. 2.01. Authority and purpose. Pursuant to authority granted by Statute, this Chapter of the City Code is enacted so as to set down for enforcement the government and good order of the City by and through the Council. This Chapter includes details of administrative procedure and constitutes the City Manager's recommendation to the Council of such procedures. (Code 1988, § 2.01) Sec. 2.13. City seal. When required, contracts to which the City is a party shall be sealed with the City Seal. Said Seal shall be kept in the custody of the City Clerk and affixed by the City Clerk. The official City Seal shall be a circular disc having engraved thereupon "CITY OF GOLDEN VALLEY" and such other words, figures or emblems as the Council may, by resolution, designate. (Code 1988, § 2.13) Sec. 2-2. Right to administrative appeal. If any person shall be aggrieved by any administrative decision of the City Manager or any other City official, or any board or commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written request therefor upon the City Manager at least 10 days prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the aggrieved person appellant may present any evidence the appellant he deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. This section shall not apply if the aggrieved person has the right to an administrative hearing under Section 2-4. (Code 1988, § 2.14; Ord. No. 565, 2nd series, 7-30-2015) Sec. 2-3. Withholding approvals due to delinquencies or defaults. (a) Conditions to City approvals. A license, permit, or other City approval or authorization of any kind may be granted only to an applicant who: (1) Has complied with all applicable statutory and ordinance requirements; (2) Has paid all fees, charges, taxes, special assessments and other debts or obligations that are due from the PROOFSPage 17 of 423 applicant and payable to the City regarding any matter; and (3) Is in compliance with all ordinance requirements and attached conditions regarding other City approvals that have been granted to the applicant for any matter. (b) Waiver. The requirements of Subsections (a)(2) and (3) of this section may be waived in the following circumstances: (1) The applicant, licensee or permittee has provided sufficient safeguards to assure payment of debts or compliance with City requirements within a reasonable time after the City approval; or (2) Enforcement of the requirements would result in a significant hardship to the applicant through no fault of his own or would cause result in an otherwise unfair result situation. (Code 1988, § 2.22; Ord. No. 435, 2nd series, 4-16-2010) Sec. 2-4. Administrative hearing procedures. (a) Administrative hearings. (1) Where the City Code entitles a person to an administrative hearing, this section shall apply and Section 2-2 shall not apply. (2) A person wishing to exercise his right to an administrative hearing shall file a notice of appeal with the City Clerk. The notice of appeal must be filed with the City Clerk on the form prescribed by the City Manager or his designee within 20 days after issuance of the administrative citation, notice or order that is to be the subject of the hearing. If required by the section of the City Code granting the right to the administrative hearing or the City's Master Fee Schedule, the notice shall be accompanied by the applicable filing fee. (3) The City Council shall periodically approve a list of persons from which the City Manager or his designee will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. (4) The appellant has the right to request, no later than 10 days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted automatically by the City Manager or his designee. A subsequent request must be directed to the assigned hearing officer who will decide whether the hearing officer can fairly and objectively review the case. If such a finding is made, the City Manager or his designee must assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stats. § 609.415. The hearing officer must not be an employee of the City. The City Manager or his designee must establish a procedure for evaluating the competency of hearing officers, including comments from citizens and City staff. (5) Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from District Court directing compliance. (6) The City shall schedule the hearing to occur within 30 days of the City receiving a request for a hearing in the form prescribed by the City Manager or his designee. Notice of the hearing must be served on the person responsible for the violation at least 14 days in advance of the hearing, unless a shorter time is accepted by all parties. Service of the notice will be by first class mail and will be complete upon mailing. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must record the hearing and receive testimony and exhibits, and keep a record of documentary evidence submitted. The officer must receive and give weight to evidence, including hearsay evidence that possesses probative value commonly accepted by PROOFSPage 18 of 423 reasonable and prudent people in the conduct of their affairs. (7) The hearing officer must: a. Determine whether the City has established by a preponderance of the evidence that, as applicable, a violation of the City Code, or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code, has occurred; b. Determine whether the corrective action and/or administrative decision resulting from the alleged violation is reasonable; and c. Affirm, vacate or modify the City's administrative decision regarding the alleged violation and/or corrective action. (8) The hearing officer has the authority to reduce, stay, or waive a scheduled penalty either unconditionally or upon compliance with appropriate conditions. The hearing officer may increase the scheduled fine when the actual costs of enforcement are shown by a preponderance of the evidence to be greater than the amount of the scheduled fine. (9) When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: a. The duration of the violation; b. The frequency or recurrence of the violation; c. The seriousness of the violation; d. The history of the violation; e. The violator's conduct after issuance of the notice of hearing; f. The good faith effort by the violator to comply; g. The economic impact of the penalty on the violator; h. The impact of the violation upon the community; and i. Any other factors appropriate to a just result. (10) The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that the violation caused a serious threat of harm to the public health, safety, or welfare or that the accused intentionally and the unreasonably refused to comply with the City Code requirement. (11) The hearing officer's decision and supporting reasons must be in writing, and shall include the hearing officer's decision; the factual and legal basis for the determination; the corrective action required, if any; the date and time by which corrective action must be taken; and the penalty assessed, if any. The hearing officer shall mail a copy of the decision to the appellant. (b) Appeal from an administrative hearing. The decision of the hearing officer is final without any further right of administrative appeal. An aggrieved party may obtain judicial review of the decision of the hearing officer in accordance with State law. (Code 1988, § 2.91; Ord. No. 565, 2nd series, 7-30-2015) Sec. 2-5. Background investigations. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: CJDN: means The State of Minnesota Criminal Justice Data Communication Network or any successor communication network. Informed Consent/Waiver Form: means A consent/waiver form approved by the City and meeting the requirements of Minn. Stats. § 13.05, subd. 4(d), as amended. PROOFSPage 19 of 423 Manager: means An individual who is hired or is applying to be hired by an owner of rental property and who has or would have the means, within the scope of the individual's duties, to enter tenants' dwelling units. Rental Property Designee: means The owner or manager of rental property located within the City which has received a request from a prospective tenant to reside in said rental property. Tenant: means An individual who is or is applying to be a tenant in rental property. (b) Purpose and intent. It is the purpose and intent of this section to protect and preserve the City's neighborhoods, to assure of safe park and recreation programs and to protect the overall public health, safety, welfare and morale of City residents by providing a system at the local level for criminal history/background investigations of managers of rental property, tenants, park and recreation and other City volunteers and new City employees through use of the CJDN. (c) Manager/tenant background and investigation. A rental property designee may request the Police Department to conduct a criminal history/background investigation on a manager of rental property and/or a tenant. Such request shall be on a City-approved form and accompanied with an informed consent/waiver form executed by the manager or tenant. (d) Background investigations. (1) The following persons are required to submit to a criminal background check conducted by the City Police Department: job applicants who are finalists for City employment, and applicants seeking to be City volunteers. As a condition of employment or volunteering with the City, the persons identified in the preceding sentence must provide written authorization of their consent to a criminal-history background investigation and the release of information called received from such investigation to the Human Resources Coordinator and other City staff. (2) Additionally, job applicants who are finalists for City employment and volunteers who may operate City vehicles or seek reimbursement for operating their personal vehicles must provide written authorization of their consent to a check of their driver's license status and history. (e) Disqualification of applicants. (1) No person shall be disqualified from employment with the City solely or in part because of a prior criminal conviction unless the crimes directly relate to the position sought. Even if the crimes directly relate to the position, the City will evaluate whether the person has been rehabilitated through a careful consideration of the factors outlined in Minn. Stats. § 364.03, subd. 3. (2) Any applicant disqualified from employment under this section may file an appeal under the process outlined in the Employee Handbook. (f) Fees. All requests under this section shall be accompanied by a fee to be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may, from time to time, be amended by the Council by resolution. A copy of the resolution shall be kept on file in the office of the City Clerk and open to inspection during regular business hours. (Code 1988, § 10.84; Ord. No. 185, 2nd series, 7-30-1998; Ord. No. 388, 2nd series, 12-14-2007; Ord. No. 481, 2nd series, 3- 30-2012) Sec. 2.70. Public works reserve fund. __ Establishment. A Public Works Reserve Fund is hereby established. __ Purpose and composition. The purpose of the Fund shall be to finance capital improvements to the City's public works infrastructure. The Council may annually levy taxes for maintaining the Fund, and may, by resolution, appropriate other revenue not required to be used for other purposes. (Code 1983; Code 1988, § 2.70) PROOFSPage 20 of 423 Secs. 2-6--2-30. Reserved. ARTICLE II. MAYOR AND CITY COUNCIL* *State law reference—City Council generally, Minn. Stats. § 419.191 et seq. Sec. 2-31. Date of election. The regular City election shall be held biennially on the first Tuesday after the first Monday in November in every odd-numbered year. Sec. 2-32. Regular meetings. Regular meetings of the Council shall be held on the first and third Tuesdays of each calendar month at 6:30 o'clock p.m. Any regular meeting falling upon a holiday shall be held on the next following business day, or as otherwise determined by a majority of the Council, at the same time and place. Regular meetings may be cancelled or rescheduled if expressly agreed to by a majority of the Council upon notice given and posted on a bulletin board at the City Hall. All meetings, including special and adjourned meetings, shall be held in the Council chambers, except as may be otherwise expressly agreed to by a majority of the Council upon notice given and posted. (Code 1988, § 2.02) Sec. 2-33. Special meetings. Special meetings of the Council may be called by the Mayor or by any two other members of the Council by writing filed with the City Clerk stating the time, place and purpose of the meeting. Notice of a special meeting shall be given by the City Clerk to each member of the Council by mailing a copy of such filing to all members who did not sign or issue the call at least four days prior to the time stated therein, or by personal service at least 72 hours prior to the projected time of meeting. Special meetings may be held without prior written notice to the Council when all Councilmembers are present at the meeting or consent thereto in writing. Any such consent shall be filed with the City Clerk prior to the beginning of the meeting. Any special meeting attended by all Councilmembers shall be a valid meeting for the transaction of any business that may come before the Council meeting. Meetings of the Council which are adjourned from time to time shall not be subject to the foregoing notice requirements; nor shall special meetings which, in the judgment of the Council, require immediate consideration to meet an emergency, and emergency meetings require such notice, but may be called by telephone communication or any other expeditious means. Notice to the public and to news media shall be given as required by statute. (Code 1988, § 2.03) Sec. 2-34. Council/Manager meeting. The Council and the City Manager may meet on the second Tuesday of each month in the City Hall at a standard time set by resolution of the Council, or at such other time, date and place as may be designated by 24 hours' written notice from the Mayor to the other members of the Council with copies to the newspaper and posted as provided in section 2-32, for the purpose of discussing City policies, projects, and other City business. Any Council/Manager meeting falling upon a holiday shall be held on the next following business day, or as otherwise determined by the majority of the Council. (Code 1988, § 2.04; Ord. No. 109, 2nd series, 3-31-1994) Sec. 2-35. Annual meeting. At the first regular meeting in of January of each year the Council shall: (1) Designate the depositories of City funds; (2) Designate the official newspaper; (3) Choose from among the Councilmembers an Acting Mayor Pro Tem who shall act as and assume the duties of the Mayor during the disability or absence of the Mayor from the City or, in the case of a vacancy in the office of Mayor, until a successor has been appointed or elected and qualifies according to law; and (4) Conduct other business as is brought before the Council. PROOFSPage 21 of 423 (Code 1988, § 2.05) Sec. 2-36. Public meetings. All Council meetings, including special and adjourned meetings, and meetings of all Council committees and commissions shall be open to the public, except, that a closed meeting may be held observing the statutory requirements including notification and recording. A decision to hold a closed meeting, except in case of an emergency, must be made at a regular open meeting of the Council. (Code 1988, § 2.06) Sec. 2-37. Subcommittee meetings. Any two members of the Council may be appointed by the Council to perform a special task for the Council. Notice of meetings of these subcommittees will whenever possible be announced at regular Council meetings and a written notice stating its purpose shall be given to the official City newspaper and posted as provided in section 2-32. on a bulletin board at the Civic Center. (Code 1988, § 2.07) Sec. 2-38. Mayor. (a) The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor Pro Tem shall preside. In the absence of both the Mayor and Acting Mayor Pro Tem, any member of the Council may call the meeting to order; and, if a quorum is present, the Council shall elect one of its members to preside. The presiding officer shall preserve order, enforce the rules of procedure herein prescribed, and determine without debate, but subject to the final decision of the Council on appeal, all questions of procedure, public participation and order. Except as otherwise provided by statute or by these rules, the proceedings of the Council shall be conducted in accordance with the latest edition of the Robert's Rules of Order, Revised. Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the member may speak once but only on the question involved, and the presiding officer may explain the ruling, but no other Councilmember shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present. (b) The Mayor's term of office shall be four years, commencing with the ensuing term after the effective date of the ordinance from which this section is derived. (Code 1988, § 2.08; Ord. No. 378, 7-13-2007) Sec. 2-39. Minutes. Minutes of each Council meeting shall be kept by the City Clerk. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records and can be accurately identified from the description given in the minutes. The minutes of each meeting shall be reduced to typewritten form and shall be signed by the Clerk and copies thereof shall be delivered to each Councilmember as soon as practicable after the meeting. At the next regular Council meeting following such delivery The minutes need not be read aloud at the next regular Council meeting, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the Council. If there is an objection, the Council shall vote upon the addition or correction. (Code 1988, § 2.09) Sec. 2-40. The agenda and order of business. (a) Agenda. The City Clerk shall prepare an agenda of business of each regular Council meeting and file a copy in the office of the City Manager not later than three days before the meeting. The agenda shall be prepared in accordance with the order of business and copies thereof shall be delivered to each Councilmember and to the City Attorney as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the Councilmembers present. (b) Establishing and varying order. Each meeting of the Council shall convene at the time and place appointed therefore. The Council, by resolution, shall establish an order for conducting business and varying therefrom, except that all public hearings shall be held at the time specified in the notice of hearing unless several PROOFSPage 22 of 423 public hearings are scheduled at one time, in that event they shall be heard as soon as practicable thereafter. (Code 1988, § 2.10; Ord. No. 275, 2nd series, 1-17-2003) Sec. 2-41. Quorum and voting. (a) Quorum. A majority of the Councilmembers all the members of the Council shall constitute a quorum for the transaction of business. (b) Votes required. A majority of the Councilmembers all members of the Council shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute, majority vote of a quorum shall prevail in all other cases. (Code 1988, § 2.11) Sec. 2-42. Ordinances, resolutions, motions, petitions, and communications. (a) Approval. Every ordinance and resolution shall be presented in writing. Unless the rules are suspended, every ordinance shall be considered and approved at two separate meetings, except that, subject to publication thereof, ordinances arising under Chapter 113, pertaining to zoning, shall be effective after consideration and approval at only one meeting of the City Council. (b) Signing and publication proof. Every ordinance and resolution passed by the Council shall be signed by the Mayor and, attested by the City Clerk, and filed in the ordinance or resolution book. Every ordinance or a summary, thereof as provided by law, shall be published in the official newspaper and proof of publication of every ordinance shall be filed with the ordinance. (c) Repeals and amendments. Every ordinance or resolution repealing a previous ordinance or resolution, or a section or hereof of this Code shall give the title and number of the ordinance, or resolution, section or subdivision to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance, or resolution, section or subdivision, or part thereof, shall set forth in full each amended section or subdivision as amended. (d) Motions, petitions, and communications. Every motion shall be stated in full before it is submitted to a vote by the presiding officer and shall be recorded in the minutes. Every petition or other communication addressed to the Council shall be in writing and filed with the City. (Code 1988, § 2.12; Ord. No. 131, 2nd series, 8-10-1995) Sec. 2-43. Salaries and additional compensation of mayors and councilmembers. (a) The salaries of the Mayor and Councilmembers commencing January 1, 2018, shall be as follows: (1) Mayor: $12,825.00 annually. (2) Councilmembers: $9,598.00 annually. __ The annual salary of the Mayor shall be $12,825. __ The annual salary of each Councilmember shall be $9,598. (b) Approved additional meetings. In addition to their salaries, the Mayor and Council shall be paid $50.00 for each meeting they are directed or designated to attend, up to a maximum of $150.00 per month. The method for approval of meetings shall be outlined by resolution of the Council. __ The salaries provided for herein shall be effective January 1, 2018. (c) Before May In April of each odd-numbered year, the City's staff shall provide to the Council the percentage representing the average salary or wage increase for City non-union employees for the previous two years so that the Council may consider appropriate increases in its salaries. (Code 1988, § 2.20; Ord. No. 63, 2nd series, 4-25-1991) Secs. 2-44--2-74. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES* *State law reference—City officers and employees generally, Minn. Stats. § 412.111 et seq.; vacancies, resignations and PROOFSPage 23 of 423 removals from office, Minn. Stats. ch. 351; general authority of council relative to employees, Minn. Stats. § 412.111. Sec. 2-75. Facsimile signatures. The Mayor and City Treasurer are hereby authorized to request a depository of City funds to honor an order for payment when such instrument bears a facsimile of the signature, and to charge the same to the account designated thereon or upon which it is drawn, as effectively as though it were the manually written signature. Such authority is granted only for the purpose of permitting such officers an economy of time and effort. (Code 1988, § 2.15) Sec. 2-76. Finance Officer/Treasurer. (a) Position created. The position of Finance Officer/Treasurer is hereby created. (b) Delegation of duties. A portion of the bookkeeping duties, as may be determined from time to time, performed by the City Clerk, are hereby delegated to the Finance Officer/Treasurer. (c) Bond. The Finance Officer/Treasurer shall furnish a fidelity bond conditioned on the faithful exercise of the Finance Officer/Treasurer's duties. In lieu of such individual bond the Council may provide for a blanket bond, furnished by a surety company authorized to transact business in the State, and covering the position and duties of the Finance Officer/Treasurer. Premiums on either of such bonds shall be paid from City funds. (Code 1988, § 2.16) Sec. 2.18. Interim emergency succession. __ Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to ensure the continuity of duly elected and lawful leadership of the City to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices. __ Succession to Local Offices. In the event of a nuclear attack upon the United States or a natural disaster affecting the vicinity of the City, the Mayor, Council and City Manager shall be forthwith notified by any one of said persons and by any means available to gather at the Civic Center. In the event that safety or convenience dictate, an alternative place of meeting may be designated. Those gathered shall proceed as follows: __ By majority vote of those persons present, regardless of number, they shall elect a Chairman and Secretary to preside and keep minutes, respectively. __ They shall review and record the specific facts relating to the nuclear attack or natural disaster and injuries to persons or damage to property already done, or the imminence thereof. __ They may, based on such facts, declare a state of emergency. __ By majority vote of those persons present, regardless of number, they shall fill all positions on the Council, (including the office of Mayor) of those persons upon whom notice could not be served or who are unable to be present. __ Such interim successors shall serve until such time as the duly elected official is again available and returns to said official's position, or the state of emergency has passed and a successor is designated and qualifies as required by law, whichever shall occur first. __ Duties of the Interim Emergency Council. The Interim Emergency Council shall exercise the powers and duties of their offices, and appoint other key government officials to serve during the emergency. (Code 1988, § 2.18) Sec. 2-77. Workers' compensation. All officers of the City elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of "employee" as defined in State law relating to coverage for purposes of workers' compensation entitlement. (Code 1988, § 2.21) PROOFSPage 24 of 423 Secs. 2-78--2-97. Reserved. ARTICLE IV. DEPARTMENTS* *State law reference—Departments authorized, Minn. Stats. § 412.111. Sec. 2-98. Generally. __ Control. All Departments of the City are under the overall control of the City Manager. Heads of all Departments are responsible to the City Manager and subject to his supervision and direction. __ Appointment. All Department Heads and employees shall be appointed by the City Manager. All appointments shall be for an indeterminate term and subject to any applicable Civil Service Regulations in effect in the City. (a) Table of organization and areas of responsibility. The City Council shall by resolution establish, amend, and from time to time revise the departments of the City, in consultation with the City Manager. The City Manager shall define areas of responsibility and lines of authority for each department, all towards the efficient organization and operation of the City. (b) Budgetary information. The heads of all departments shall, prior to August 1 in each year, file with the City Manager the projected financial needs of his department for the ensuing year. Such projections shall include information as to maintenance and operation of equipment, new equipment, personnel, and such other information as may be requested by the City Manager. (Code 1988, § 2.30; Ord. No. 525, 2nd series, 8-14-2014) Secs. 2-99--2-124. Reserved. ARTICLE V. BOARDS AND COMMISSIONS Sec. 2-125. Generally. Except as otherwise provided in a specific section, all Boards and Commissions created by the City Code shall be for the limited purpose of advising the Council with respect to a City function or activity or to research and evaluate issues identified by the Council. As such, Boards and Commissions shall function in an advisory capacity only. (a) Appointments. The terms of all board and commission members shall be fixed and determined at the time of appointment. The Council shall appoint the members of all boards and commissions and may fill vacancies for unexpired terms. Members of boards and commissions shall serve until their successors are appointed. Appointments shall be made by the Council at its last meeting in April, effective May 1, except for appointments to fill vacancies and appointments to the Absentee Ballot Counting Board, which will be appointed as needed from the roster of election judges approved by the City Council. (b) Staff support. The City Manager shall appoint a staff liaison to attend all meetings of boards and commissions and record the meetings. (c) Attendance and rules. Each board and commission shall establish bylaws, which must be reviewed and approved by the Council every three years. The Council has final authority regarding all bylaws. Boards and Commissions shall follow the latest edition of Robert's Rules of Order unless alternative procedures are established in the approved bylaws or in the City Code. A quorum shall be a simple majority of the voting membership and all recommendations shall require a quorum. No member shall serve as chair more than two years in a three-year period, except that service for less than a full year shall not be applied to this limit. If a member is unable to attend a meeting, that member shall should contact the staff liaison, who shall will inform the chair if a quorum cannot be attained and the meeting shall will be cancelled. The Council may establish an attendance policy for members to remain in good standing. (d) Annual report. Each board and commission shall present a written annual report outlining its activities over the past year and proposed activities for the upcoming year. (Code 1988, § 2.50; Ord. No. 333, 2nd series, 9-30-2005; Ord. No. 619, 2nd Series, § 1, 3-21-2017) PROOFSPage 25 of 423 Sec. 2-126. Planning Commission. (a) Establishment and composition. A Planning Commission is hereby established, composed of eight members, seven who shall serve three-year staggered terms and one youth, who shall serve a one-year term. (b) Duties and responsibilities. It is the duty of The Planning Commission shall to advise and make recommendations to the Council in all matters relating to planning and growth of the City. Specifically it shall: (1) Develop and make recommendations to maintain and update the Comprehensive Plan of the City; (2) Develop and make recommendations to maintain and update the land use regulations needed to implement the Comprehensive Plan; (3) Develop and make recommendations for policies on other matters relating to the social, economic and physical environment; and (4) Advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council. (Code 1988, § 2.51; Ord. No. 333, 2nd series, 9-30-2005; Ord. No. 619, 2nd Series, § 2, 3-21-2017) Sec. 2-127. Open Space and Recreation Commission. (a) Establishment and composition. An Open Space and Recreation Commission is hereby established, composed of 10 members, nine who shall serve three-year staggered terms and one youth, who shall serve a one- year term. (b) Duties and responsibilities. It is the duty of The Commission shall to advise and make recommendations recommend to the Council regarding as to recreational programs, and parks and open space in the community. Specifically it shall: (1) Develop and make recommendations to maintain and update the portion of the Comprehensive Plan relating to open space needs, parks and recreation programs, and trail systems; (2) Develop and periodically review policies and plans for parks, recreation programs, use of open space, and trail systems; (3) Periodically update an assessment of current programs regarding open space, parks and recreation, and trail systems; (4) Periodically update an assessment of future needs regarding parks and recreation, open space, and trail systems; (5) Advise the Council on cooperative agreements policies with other public and private agencies, groups or individuals relative to recreational programs and facilities; and (6) Advise Council on budget and capital outlay needs for parks and recreation, Brookview Golf Course, and Park Improvement Fund. (Code 1988, § 2.52; Ord. No. 333, 2nd series, 9-30-2005; Ord. No. 619, 2nd Series, § 3, 3-21-2017) Sec. 2-128. Human Rights Commission. (a) Establishment and composition. A Human Rights Commission is hereby established, composed of nine members, seven who shall serve three-year staggered terms and two voting youth, who shall serve a one-year terms. The Council shall seek to have said appointments reflect the ethnic, cultural, religious and other diversity of the City. (b) Policy. It is the policy of the City to encourage the establishment and development of equal opportunity and fair treatment of all individuals living, working, or traveling in and through the City without regard to race, color, creed, religion, national origin, gender, marital status, familial status, disability, status with regard to public assistance, sexual orientation, age, immigration status, or any other classification subsequently identified by the State. (c) Duties and responsibilities. It is the duty of the Commission to advise and recommend to the Council as to matters of human rights issues by serving as an advisory board in accordance with its bylaws. PROOFSPage 26 of 423 (Code 1988, § 2.53; Ord. No. 494, 2nd series, 3-15-2013; Ord. No. 619, 2nd Series, § 4, 3-21-2017) Sec. 2-129. Absentee Ballot Counting Board. The Council hereby authorizes an Absentee Ballot Counting Board and further authorizes the election judges of such Board to receive, examine, and validate absentee ballots. The further duties of such Board shall be those provided by statute. (Code 1988, § 2.54) Sec. 2-130. Police Civil Service Commission. (a) Establishment and composition. The establishment of a Police Civil Service Commission, composed of three members, is hereby ratified. Its members shall serve three-year staggered terms. (b) Statute adopted. The adoption by reference of Minn. Stats. §§ 419.01 to 419.18 is hereby ratified. (c) Duties and responsibilities. The Commission shall continue to have authority to administer its activities with all of the powers and duties set forth in the statutory sections cited herein. (Code 1988, § 2.55) Sec. 2-131. Environmental Commission. (a) Establishment and composition. An Environmental Commission is hereby established, composed of eight members, seven who shall serve three-year staggered terms and one youth, who shall serve a one-year term. (b) Duties and responsibilities. It is the duty of the Environmental Commission to advise and make recommendations to the Council in matters relating to and affecting the environment. Specifically, it shall: (1) Develop and make recommendations to educate the public on environmental regulations, policies, practices and tools; (2) Develop and make recommendations as an advisory review body for amendments to or revisions of the City's Surface Water Management Plan and provide advice as requested by the Council on other City programs and initiatives; (3) Review and make recommendations regarding the City's existing environmental ordinances, policies and guidelines; (4) Develop and make recommendations on management practices for the City's nature areas, public and private ponding areas, and other such City-owned properties as directed by the City Council; (5) Identify and advise the City Council on activities initiated by other public and quasi-public agencies regarding environmental issues and participate as directed by the Council; and (6) Advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council. (Code 1988, § 2.56; Ord. No. 333, 2nd series, 9-30-2005; Ord. No. 619, 2nd Series, § 5, 3-21-2017) Sec. 2-132. Human Services Fund. (a) Establishment and composition. A Human Services Fund is hereby established, composed of 13 members, seven citizens at large and five community or business members, who shall serve three-year staggered terms, or business members and one youth, who shall serve a one-year term. (b) Duties and responsibilities. It is the duty of The Human Services Fund shall to study human service needs in the community and recommend action to the Council as to matters of regarding funding of those needs. Specifically it shall: (1) Identify the community's needs for human services. (2) Develop guidelines to evaluate funding requests and allocate funds to human service organizations that meet the identified needs of the community. (3) Determine funds needed and strategies to provide funding through charitable gambling proceeds, PROOFSPage 27 of 423 fundraisers, or community events. (4) Encourage and enlist participation from the greater Golden Valley community. (Code 1988, § 2.57; Ord. No. 619, 2nd Series, § 6(2.57), 3-21-2017) Secs. 2-133--2-162. Reserved. ARTICLE VI. DOMESTIC PARTNERSHIP REGISTRATION Sec. 2-163. Purpose. The City Council recognizes that the concept of familial relationships may extend beyond traditional marital and blood relationships. This expanded concept recognizes the relationship of two non-married but committed adult partners. In order to provide such persons the opportunity to declare themselves as domestic partners, thus enabling employers to voluntarily provide equal treatment in employment benefits for such partners and their dependents, the City Council hereby enacts a Domestic Partner Registry. (Code 1988, § 2.23(1); Ord. No. 450, 2nd series, 11-26-2010) Sec. 2-164. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Domestic Partners: For the purpose of this section, Domestic Partners are Two adults who: (1) Are both at least 18 years of age; (2) Are not related by blood closer than permitted under marriage laws of the State; (3) Are competent to enter into a contract; (4) Are jointly responsible for the necessities of life; __ Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities, or, are married under another state or foreign jurisdiction not operational in Minnesota under Minnesota Statute 517.03 (1)(b); (5) Have no other domestic partner with whom the household is shared, or with whom the adult person has another domestic partnership or a spouse regardless of household status; and (6) Reside in the City. Domestic Partnership: Shall include: (1) Any domestic partnership currently registered with a government body pursuant to State, local or other law authorizing such registration; or (2) Marriages that would be legally recognized as a contract of lawful marriage in another local, State or foreign jurisdiction, but for the operation of State law. (Code 1988, § 2.23(2); Ord. No. 450, 2nd series, 11-26-2010) Sec. 2-165. Registration and termination of domestic partnerships. (a) Application form. The City shall will provide an application form, which for domestic partner applicants will to submit to the City Clerk indicating that they meet the definition of domestic partners as set forth in this section. Forms shall will also be provided for subsequent amendments and termination of domestic partnership status. (b) Registration certificate. The City Clerk shall keep a record of each domestic partner certification as well as amendments thereto and termination thereof. Certificates will shall be provided and records maintained in keeping with provisions of the Minnesota Government Data Practices Act (Minn. Stats. ch. 13). Such certificates may be used as evidence of the existence or termination of a domestic partnership. (c) Termination of domestic partnership. Domestic partnership registration terminates when the earliest of the following occurs: PROOFSPage 28 of 423 (1) One of the partners dies; or (2) Forty-five days after one partner sends the other partner written notice, on a form provided by the City, that he is terminating the partnership and files the notice of termination and an affidavit of service of the notice on the other partner with the City Clerk. (d) Homestead designation. The City shall will follow eligibility for the designation of property as a homestead as set forth in State law. (e) Fees. Fees shall be set forth in the City's Fee Ordinance Master Fee Schedule for applications for certification, amendments to an application, notice of termination or providing certified copies of any of these documents. (Code 1988, § 2.23(3); Ord. No. 450, 2nd series, 11-26-2010) PROOFSPage 29 of 423 Chapter 3 RESERVED Page 30 of 423 Chapter 4 ALCOHOLIC BEVERAGES* *State law reference—Alcoholic beverages, Minn. Stats. ch. 340A; local restrictions on sales of alcohol, Minn. Stats. § 340A.509. ARTICLE I.IN GENERAL Sec.4-1.Definitions. In addition to the definitions contained in Minn. Stats. � 340A.101 as it may be amended from time to time, the following terms are defined for purposes of this Code:As used in this Chapter- • n ess other-wise sta4ea in speeifie seetieffs,the following wer-d-s-And tomms shall have the meaffings stat Alcoholic Beverage:faeans Any beverage containing more than one- if of qqe percent alcohol by volume. 14 .ply rt- : qn esk(ton 041C,h ah.a �� .al-tvn 1 p�kse unc�l,!e�A S _� „f4A of., liPARRP F e 11,, n n Brewer:Paeans A person who manufactures malt li uo beep for sale. Brewpub: , that is also lieensed by the City fe bfew faaft liquor-, sueh as beef: ef: ale, ei+ site fef sale And sensufaptien en the premises, or- fer-- s-ale in 4ARIed A brewer who also holds one or more retail on-sale license and who manufactures fewer than 3,500 barrels of malt liquor in a year,at any one licensed premises,the entire production of which is solely for consumption on tan on any licensed premises owned by the brewer,or for off-sale from those licensed premises as in Minn. Stats. § 340A.24, sub".2. Club:means An incorporated organization organized under the laws of the State for civic,fraternal,social,or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans'organization,which: (1) Has more than 30 39 members; (2) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; (3) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club,or their guests,beyond a reasonable salary or wages fixed and voted each year by the governing body. ' Commissioner:faeaxs The State Commissioner of Public Safety. Distilled Spirits: means Ethyl alcohol,hydrated oxide of ethyl,spirits of wine, whiskey,rum,brandy, gin or other distilled spirits,including all dilutions and mixtures thereof,for nonindustrial use. Exclusive Liquor Store: means An establishment used exclusively for the sale of those items authorized in Minn. Stats. § 340A.412, subd. 14 liquer- eiieept the ineiaental sale of iee, tebaeee, liq e_. fir1_a _andie bee bever-ages fer-mixing with liquer-,and soft • !'_,..,,,.1e«. ..1,.,11 have the fneaning given rah♦e.m in Seetie 5.33 of the Cite Cede. Page 31 of 423 Hotel:fneaes An establishment where food and lodging are regularly furnished to transients and which has: (1) A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time;and (2) At least 25 guest rooms. Intoxicating Liauor: Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight. p<vs°ri Licensee:Paeans An ippLwaftt who,pursuant to an saeh approved application,holds a valid,current,unexpired license, which was issued by the Ci1y,for the stated j2uKpose and has not been revoked. whieh has neither been r-eveked nor-is then under-sespeasion,fi)W Ae City fqr-eRFP4'4;P MR the business stated • h K y.�.:S 4-0✓ Licensed Premises:fneans The premises described in the issue an approved license implication,provided the space is compact and contiguous. In the case of a restaurant or club license for on-sales of alcoholic beverages located on a jzolf course, the term "licensed premises" means the entire glf course except for areas where motor vehicles are regularlyparked or operated. Liquor: As used in this section, without modification by the words "in xicating" or "3.2 percent malt," includes both intoxicating liquor and 3.2 percent malt liquor. , ineludes so ealled"wine 000l-Affs"ffin-d-"n-fialt eoeler-s"with the aleehalie 1-innits stated herein.) Malt Liquor:means Any beer,ale,or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. j Manager:means The person designated by the ownft of a licensee or licensed premises as the individual who has direct control and supervision over the licensed premis.with full pewer-te bind the liquor-heensee in all of its Felmiefishipswith the City. Manufacturer: means-ever-} A person who, by any process of manufacture, fermenting, brewing, distilling, refining,rectifying,blending,or by the combination of different materials,prepares or produces intoxicating liquor aleehelie Bever-ages for sale. Microdistillery: means A distillery operated within the City producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. Neff ifitexioating malt liquen fneafis ffialt liquor eentaining net less then ene half of ene pefeent aleehel by Blume., a than 3.2 nt..1,..hel byweight. nrwimiqpq An]; rs°h : t'ron �.Jh . ;d a i a . pop tl lac! I��bili rk. rt ,pp%>4-hf sh;iodr d-htr U 1 h Cp ,p o�a�-Qol GtS �'at�o y� per u,S i n aS5 r1 �LL,. °^ ��Ylglnat Package: i lean y container or receptacle holFng alco dllc beverages, which container or receptacle is corked,capped or sealed by a manufacturer or wholesaler. Restaurant: means An eating establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, and must have a restaurant license from served at tables to the general public and having a seating capacity for at least 30 guests.and,.•hese ere .vee;««� e.e at least :70 per-eent at*Uibutah-le$A- the sale of food and non aleebehe bevemges-. Sale, SeN and geld! mean All bai4er-s and all mafmer-s er-means of ftimishing aleehelie beverages to per-seas, Bled:«..., eh 13,...,:shin,.: vielfttieffl on of law Wholesaler:means Any person wire sells alcoholic beverages to persons to whom sale is permitted under Minn. Stats. § 340A.310,a heensee from a stock maintained in a warehouse. PROOFSPage 32 of 423 Wine: means The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use. The term "wine" does not include distilled spirits as defined herein ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof. (Code 1988, § 5.01; Ord. No. 46, 2nd series, 10-25-1990; Ord. No. 55, 2nd series, 1-17-1991; Ord. No. 121, 2nd series, 12-15- 1994; Ord. No. 180, 2nd series, 6-11-1998; Ord. No. 182, 2nd series, 6-11-1998; Ord. No. 316, 2nd series, 11-26-2004; Ord. No. 537, 2nd series, 1-30-2015; Ord. No. 570, 2nd series, 8-14-2015) Sec. 5.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 5.99) Sec. 4-2. Adoption of State law by reference. The provisions of Minn. Stats. ch. 340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the City Council that all future amendments to Minn. Stats. ch. 340A are hereby adopted by reference or referenced as if they had been in existence at the time the ordinance from which this chapter is derived is adopted. Sec. 4-3. City may be more restrictive than State law. The Council is authorized by the provisions of Minn. Stats. § 340A.509, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in Minn. Stats. ch. 340A, as it may be amended from time to time. Sec. 4-4. Persons under 21; illegal acts. (a) Consumption. It is unlawful for any: (1) Retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or bottle club permit holder under Minn. Stats. § 340A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or (2) Person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this subsection that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian. As used in this subsection (a), the term "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage. (b) Purchasing. It is unlawful for any person: (1) To sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age; (2) Under the age of 21 years to purchase or attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over the age of 21 years for training, education, or research purposes. Prior notification of the licensing authority is required unless the supervised alcohol purchase attempt is for professional research conducted by post-secondary educational institutions or State, County, or local health departments; or (3) To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend PROOFSPage 33 of 423 or knowingly permit the use of the person's driver's license, permit, Minnesota identification card, or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase an alcoholic beverage. If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of Subsection (b)(1) of this section that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household. (c) Possession. It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of the person's parent or guardian. Possession at a place other than the household of the parent or guardian creates a rebuttable presumption of intent to consume it at a place other than the household of the parent or guardian. This presumption may be rebutted by a preponderance of the evidence. (d) Minors on premises Entering Licensed Premises. (1) No person under the age of 18 years shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale, except that persons under the age of 18 years may be employed as musicians or to perform the duties of a bus person, host or dishwashing services in places defined as a restaurant, hotel, motel or other multi-purpose building serving food in rooms in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale. (2) No person under the age of 21 years may enter a licensed establishment except to work, consume meals on premises that qualify as a restaurant, or attend social functions that are held in a portion of the premises where liquor is not sold. It is unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage. It is not unlawful for any person 18, 19, or 20 years old to enter a licensed premises for the following purposes: 1) to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute 340A.412, subdivision 10; 2) to consume meals; and 3) to attend social functions that are held in a portion of the establishment where liquor is not sold. It is unlawful for a licensee to permit a person under the age of 18 years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian. (e) Misrepresentation of age. It is unlawful for a person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. (f) Proof. Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) A valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) A valid military identification card issued by the United States Department of Defense; or (3) In the case of a foreign national from a nation other than Canada, by a valid passport. In a prosecution under Subsection (b)(1) of this section, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in this subsection (f) in selling, bartering, furnishing, or giving the alcoholic beverage. (Code 1988, § 5.14; Ord. No. 180, 2nd series, 6-11-1998) State law reference—Sales to or purchases by underage persons, Minn. Stats. § 340A.503. Sec. 4-5. Gambling prohibited. It is unlawful for any licensee to keep, possess, or operate, or permit the keeping, possession, or operation on licensed premises of dice or any other gambling device, or permit raffles to be conducted, except as such devices and raffles are allowed in licensed premises under State law. (Code 1988, § 5.15; Ord. No. 209, 2nd series, 11-11-1999) PROOFSPage 34 of 423 State law reference—Similar provisions, Minn. Stats. § 340A.410, subd. 5. Sec. 4-6. Consumption and possession of alcoholic beverages on streets, public property, and private parking lots to which the public has access. It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any City park, street, public property, or private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the Council or pursuant to a permit issued under Section 5.81 and as authorized on certain public properties governed under Section 26-9. Provided, however, that there shall be exempted from these provisions, Brookview Golf Course and Brookview Community Center. With respect to Brookview Golf Course and Brookview Community Center, the Council shall, from time to time, by resolution promulgate such rules and regulations and policies as it deems necessary to guide, govern and control the use and consumption of alcoholic beverages by either private or public groups, or individuals, in or upon the Brookview facilities referred to above. Provided, further, that this section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of such vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. (Code 1988, § 5.16; Ord. No. 129, 2nd series, 6-1-1995) Sec. 4-7. Alcoholic beverages in certain buildings and grounds. It is unlawful for any person to introduce upon, or have in his possession upon, or in, any school ground, or any schoolhouse or school building, any alcoholic beverage, except for experiments in laboratories. (Code 1988, § 5.17; Ord. No. 121, 2nd series, 11-15-1994) Sec. 4-8. Alcoholic beverages; certain unlawful acts. It is unlawful for any: (1) Person to knowingly induce another to make an illegal sale or purchase of an alcoholic beverage. (2) Licensee to sell or serve an alcoholic beverage to any person who is obviously intoxicated. (3) Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises. (4) Licensee to sell an alcoholic beverage on any day, or during any hour, when such sales are not permitted by law. (5) Licensee to allow consumption of an alcoholic beverage on licensed premises on any day, or during any hour, when such consumption is not permitted by law. (6) Person to purchase any alcoholic beverage on any day, or during any hour, when such sales are not permitted by law. (Code 1988, § 5.18) Sec. 4-9. Social host liability. (a) Purpose and findings. The City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council finds that: (1) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 years are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement. (2) Prohibiting underage consumption protects underage persons, as well as the general public, from injuries related to alcohol-related traffic collisions. (3) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it Page 35 of 423 as well as those who are affected by the actions of an irresponsible user. (4) Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However,there are times when the parent is present and condones the activity,and in some circumstances provide the alcohol. (5) Even though giving or furnishing alcohol to an underage person is a crime,it is difficult to prove,and an ordinance is necessary to help further combat underage consumption. (6) A deterrent effect will be created by holding a person responsible for hosting an event or gathering where underage possession or consumption occurs. (b) Definitions.The following words,terms and phrases,when used in this section,shall have the meanings ascribed to them in this subsection,except where the context clearly indicates a different meaning: Alcohol: means Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. Aleehelir.Bever-age.: means aleehel, spirits, > > spirits,wine,or-b eer-,and whi eh e entains enle Ift-Al-9 AB If A-He p ement or-mer-e of aleohe 1 b y ve hime Mad-;A 40-i eh-i s 64 t fiq beverage paTeses either-eAeae or-when dilu4ed,fai*ed,or-eembifiedwith ether-substanees Event or Gathering:fneaes Any group of three or more persons who have assembled or gathered together for a social occasion or other activity. Host:means To aid,conduct,allow,entertain,organize, supervise, control or permit a gathering or event. Parent:means Any person having legal custody of a' le: (1) As natural,adoptive parent,or step-parent; (2) As a legal guardian;or loaftvlk (3) As a person to whom legal custody has been given by order of the court. Person: meats Any individual, , -individuals. `v V U►'a�'�on 1.N i P64 (:qCO�A� �C�Yrt�Y . lop'v -r v✓ k�p 0 O�teV'wl1" 1 4�bYGIW cis C�cc�ivZn car �c st'hrss n�,��. Residence or remises: means Any ome, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis,whether occupied as a dwelling or specifically for a party or other social function,and whether owned, leased,rented,or used with or without permission or compensation. Underage Person:meats An individual under 21 years of age. (c) Prohibited acts. (1) It is unlawful for any person to host or allow an event or gathering at any residence,premises,or on any other private or public property where alcohol or alcoholic beverages are present,when the person knows or reasonably should know that an underage person will or does, consume any alcohol or alcoholic beverage,or possess any alcohol or alcoholic beverage with the intent to consume it,and the person fails to take reasonable steps to prevent possession or consumption by the underage person. (2) A person is responsible for violating Subsection (c)(1) of this section if the person intentionally aids, advises,hires,counsels,or conspires with or otherwise procures another to commit the prohibited act. (3) A person who hosts an event or gathering does not have to be present at the event or gathering to be responsible. (d) Exceptions. (1) This section does not apply to conduct solely between an underage person and his parents while present in the parent's household. (2) This section does not apply to legally protected religious observances. PROOFSPage 36 of 423 (3) This section does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stats. § 340A.503, subd. 1(a)(1). (4) This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. (e) Enforcement. Each incident in violation of Subsection (c) of this section will constitute a separate offense. (Code 1988, § 5.19; Ord. No. 448, 2nd series, 9-17-2010) State law reference—Social host liability, Minn. Stats. § 340A.90. Sec. 4-10. Hours and days of sale. (a) The hours of operation and days of sale shall be those set by Minn. Stats. § 340A.504, as it may be amended from time to time, except that the City Council may, by resolution or ordinance, provide for more restrictive hours or days than State law allows. No on-sale of liquor shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any day. Malt liquor in growlers may be sold off-sale on Sundays between 10:00: a.m. and 8:00 p.m. (b) No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. (c) No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool, or other place where customers are served, more than 30 minutes after the time when a sale can legally occur. (d) No person, other than the licensee and any employee, shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. (e) Any violation of any condition of this section may be grounds for revocation or suspension of the license. Sec. 5.41. Sunday sales. __ Sunday sales. The electorate of the City having heretofore authorized the same at a general or special election, a special license authorizing sales on Sunday on-sale liquor license may be issued to hotels, restaurants, clubs or bowling centers, in conjunction with the sale of food, which have on-sale intoxicating liquor licenses and which also have seating capacity for not less than 30 guests at one time. Prior to issuance of such license, the applicant shall provide the City with proof of financial responsibility for Sunday sales. A special license authorizing sales on Sunday may also be issued to a license holder of an On-Sale Brewer Taproom license for the operation of a taproom on Sundays. A brewer holding an off-sale license may sell growlers off-sale on Sunday at the licensed premises. __ Hours of on-sale. The holder of a Sunday on-sale liquor license may serve alcoholic beverages between 8 a.m. on Sundays to 1 a.m. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act. __ Hours of off-sale growlers. A brewer holding an off-sale license may serve growlers 10 a.m. to 8 p.m. on Sunday, provided that the licensee is in conformance with the Minnesota Clean Air Act. __ Unlawful acts. It is unlawful to sell liquor on Sunday unless such sales are 1) licensed in accordance with this section, 2) in conjunction with the sale of food, except with respect to a brewer licensed to sell growlers off- sale and 3) during hours of permitted sales Sec. 5.42. Hours and days of liquor sales. __ On-sale. No on-sale of liquor shall be made between the hours of 1 a.m. and 8 a.m. on any weekday. No on-sale of liquor shall be made after 1 a.m. on Sunday nor until 8 a.m. on Monday, except as otherwise provided in Section 5.41. __ Off-sale - Intoxicating liquor. PROOFSPage 37 of 423 __ No sale of intoxicating liquor may be made by an off-sale licensee: __ On Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.: __ Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday: __ On Thanksgiving Day: __ On Christmas Day, December 25: or __ After 8:00 p.m. on Christmas Eve, December 24. __ No delivery of alcohol to an off-sale licensee may be made by a wholesaler or accepted by an off-sale licensee on a Sunday. No order solicitation or merchandising may be made by a wholesaler on a Sunday. (Code 1988, § 5.42; Ord. No. 121, 2nd series, 11-15-1994; Ord. No. 334, 2nd series, 10-14-2005; Ord. No. 570, 2nd series, 8- 14-2015; Ord. No. 621, 2nd series, 6-20-2017) Secs. 5.43 through 5.59., inclusive, reserved for future expansion. Sec. 5.60. On-sale wine license required. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of wine on-sale, as part of a commercial transaction, without a license therefore from the City. This section shall not apply 1) to sales by manufacturers to wholesalers duly licensed as such by the Commissioner, 2) to sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the City, 3) to sales by wholesalers to persons holding on-sale wine licenses from the City, or 4) to sales by on-sale liquor licensees on days and during hours when on-sale liquor sales are permitted. The holder of an on-sale wine license, who is also licensed to sell non-intoxicating malt liquor on-sale, and whose gross receipts are at least 60 percent attributable to the sale of food, may sell beer on-sale without an additional license. (Code 1988, § 5.60; Ord. No. 209, 2nd series, 11-11-1999) Sec. 5.61. Hours and days of sales by on-sale wine licensees. The hours and days for on sale wine sales shall be the same as set forth in Section 5.42, subd. 1. (Code 1988, § 5.61; Ord. No. 121, 2nd series, 12-15-1994) Sec. 4-11. Nudity on the premises of licensed establishments and obscenity prohibited. (a) Purpose and authority. The City Council finds that it is in the best interests of the public health, safety, and general welfare of the people of the City that nudity be prohibited as provided in this section on the premises of any establishment licensed under this chapter. The purpose of the section is to protect and assist the owners, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of criminal conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this chapter, as set forth in this section, reflects the prevailing community standards of the City. (b) Bodily exposure. It is unlawful for any licensee to permit or allow any person on the licensed premises when the person does not have the person's buttocks, anus, breasts, and genitals covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have the person's buttocks, anus, breasts, and genitals covered with a non-transparent material. (c) Violation. A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or any other license issued under this chapter or the imposition of a civil penalty under the provisions of Section 5.99 4-42(e)(8). __ Conduct The following acts or conduct are deemed contrary to public welfare and morals: __ To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to PROOFSPage 38 of 423 expose to view any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals. __ To employ or use the services of any host or hostess while such host or hostess is unclothed or in such attire, costume or clothing as described in Subparagraph A, above. __ To encourage or permit any person to touch, caress or fondle the breasts, buttocks, anus or genitals of any other persons. __ To permit any employee or person to wear or use any device or covering exposed to view, which stimulates the breast, genitals, anus, pubic hair or any portion thereof. __ To permit any person to perform acts or of acts which simulate: (1) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (2) the touching, caressing or fondling of the breasts, buttocks, anus or genitals; or (3) the displaying of the pubic hair, anus, vulva, genitals or the nipple or areola of the female breast. __ To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. __ To permit any persons to remain in or upon the licensed premises who exposes to public view the pubic hair, anus, vulva, or genitals. __ To permit the showing of film or still pictures, electronic reproduction, or other visual reproductions depicting: 1) acts of simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; 2) any person being touched, caressed or fondled on the breast, buttocks, anus or genitals; 3) scenes wherein a person displays the vulva or the anus or the genitals; or 4) scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray any of the prohibited activities described above. __ To permit any person to dance on any table, bar or other elevated platform, except on a duly designed stage designed exclusively for the entertainment of patrons for the premises, said stage to be located at least three feet from any patron. Where any said premises have such a stage, there shall also be an adequate dressing room for the entertainers; one for males and another for females. (d) Unlawful act. It is unlawful to permit the acts or conduct described in this section on licensed premises. (Code 1988, § 5.98) Secs. 4-12--4-40. Reserved. ARTICLE II. LICENSES* *State law reference—Retail licenses generally, Minn. Stats. § 340.401 et seq. Sec. 4-41. Types of licenses. (a) On-sale 3.2 percent malt liquor licenses may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. State law reference—3.2 percent malt liquor licenses, Minn. Stats. § 340A.403. (b) Off-sale 3.2 percent malt liquor licenses may be issued to permit the sale of 3.2 percent malt liquor at retail establishments, in the original package, for consumption off the premises only. Off-sale of 3.2 percent malt liquor shall be limited to the legal hours for off-sale as defined by Minn. Stats. § 340.504. State law reference—3.2 percent malt liquor licenses, Minn. Stats. § 340A.403. (c) On-sale intoxicating liquor licenses may be issued to those establishments allowed under Minn. Stats. § 340A.404, subd. 1. On-sale liquor licenses shall permit the sale of intoxicating liquor for consumption on the premises only. Page 39 of 423 (d) On-sale wine licenses may be issued, with the approval of the Commissioner of Public Safety, to a restaurant that has facilities for seating at least 25 guests at one time and meet the criteria of Minn.Stats.&340A.404, subd. 5, as it may be amended from time to time, for the sale of wine for consumption on the licensed premises only. The holder of an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on-sale is authorized to sell intoxicating malt liquor at on-sale without an additional license. (e) On-sale Sunday intoxicating liquor licenses,as provided by Minn. Stats. 4 340A.504,subd. 3,as it may be amended from time to time, may be issued only to a restaurant, bowling center or hotel which has a seating cavacity of at least 30 hich holds an on-sale intoxicating liquor license and which serves li uor only in conjunction with the service of food -, p po pit (f) Brewpub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor licenses,with the approval of the Commissioner,may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at Minn. Stats. & 340A.24,as it may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per Year. If a brewpub license under this section possesses a license for off- sale under Subsection (g) of this section, the brewpub's total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year,provided that off-sale may total not more than 500 barrels. (g) Brewer off-sale malt liquor licenses,with the approval of the Commissioner,may be issued to a brewer that is a licensee under Subsection of this section or that produces fewer than 3 500 barrels of malt li uor a year and otherwise meets the criteria established in Minn. Stats. 4 340A.24 t may be amended from time to time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the City. Malt liquor sold off-sale must be removed from the premises before the applicable off--sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in'the manner required by Minn. Stats. & 340A.285 as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under this section possesses a license under Subsection(fl of this section,the brewer's total retail sales at on-sale or off-sale may not exceed 3,500 barrels peri year,provided that off-sales may not total more than 500 barrels. lei) Brewer taproom on-sale liquor licensesma be issued to a brewer licensed by the Commissioner of Public Safety to brew LiR to 3,500 barrels of malt li uor pq year may be issued a license by the Cijy for on-sale of malt liquor subject to all applicable State law,Federal]aWls,rules and regulation,and the following conditions: (1) The malt liquor sold on sale for consumption must be produced by the brewer on the licensed premises of or adjacent to one brewery location owned by the brewer. (2) No other beverages containing alcohol may be sold or consumed on the licensed premises. (3) The hours of operation shall be limited. (4) No single entity may hold a taproom license under this section and a cocktail license,and a cocktail room and taproom may not be co-located. State law reference—Brewer taprooms,Minn.Stats.§ 340A.26. (i) Cocktail room licenses on-sale may be issued to the holder of a State microdistillpa license. A microdistillga cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller,subject to the following conditions: (1) The distiller may only have one cocktail room licensed under Minn. Stats. 4 340A.22 and may not have ownership interest in a distillery licensed under Minn. Stats. & 340A.301,subd.6(a). (2) No other beverages containing alcohol may be sold or consumed on the licensed premises,other than the distilled spirits produced by the microdistiller upon the microdistillery premises. (3) No sin le entity may hold a cocktail room license under this section and a taproom license,and a cocktail room and taproom may not be co-located. (4) The hours of operation shall be limited. (5) Nothing in this section shall precludes the holder of a cocktail room license from also holding a license to operate a restaurant at the distillery. Page 40 of 423 State law reference—Microdistillery cocktail room licenses,Minn.Stats.§340A.22,subd.2. (j) Microdistillery off-sale licenses may be issued to holders of a State microdistillery licenses. The microdistillery off-sale license authorizes off-sale of one 375-milliliter bottle per customer per day of product manufactured on-site provided the product is also available for distribution to wholesaler. (k) Temporary on-sale liquor licenses. (1) Temporary on-sale liquor licenses may be issued to a club or charitable, religious, or other nonprofit organization in existence for at least three years, a political committee registered under Minn. Stats. & 10A.14, a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year; and a microdistillery. An on-sale temporary license liquor may be granted in connection with a social event within the City sponsored by the licensee. An application for a temporary license shall state the exact dates and place of proposed temporary sale,and the license shall be limited to such dates and place.The license may authorize the sale for not more than four consecutive days,no more than 12 days'worth of temporary licenses to any one organization and may authorize on-sale sales on a premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for liquor catering services with the holder of a full-year on-sale liquor license issued by any municipality and a caterer's permit issued by the State. The licenses are subject to all terms, including license fee,imposed by the City.Temporary licenses must be approved by the Commissioner of Public Safety before they become valid. 2 The licensee shall provide liability insurance as provided in Section 9 and any other 4PDlicable section of the Code exce t that the Council may,by resolution fix differen imits of such coverage,but in no case shall it be less than that re uired for other alcoholic bevera s. If the Dremises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license satisfactory evidence of liability insurance providingat least the minimum insurance coverages required under Minn. Stats. § 340.409 and naining the City as an insured during the license period. If a license under this section is to be issued in connection with a special event permit under Section 26-9, all financial and insurance requirements under Section 26-9 shall apply to the license to be issued under this section. State law reference—Microdistilleries,Minn. Stats. � 340A.22. Sec.4-42.Applications and licenses under this chapter; procedure and administration. (a) Application. City,All apphee4iens she4l be at ib-A efffi-ee of the City Glefk, eA least 60 days prior- te the pr-9jeeted- eff-eetive date,upon CqI:ffi__ !by the > then together-with sueh additie. (1) Form. Every application for a license issued under this chapter shall be on a form provided by the City at least 60 days prior to the projected effective date. Every application shall state the name of the applicant, the applicant's age, representations as to the applicant's character, with references as the ' Coupw4 may require,the type of license applied for,the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other / '"i orma ion as t e veil may require from time to time. An application for an on-sale intoxicating C t liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the infonnation required in this section. The form shall be verified and filed with the City. Np t, sm ea A fads*.2tament in em ayn'rime:^e.^.. (2) Financial responsibility. Prior to the issuance of any license under this chapter, the applicant shall demonstrate proof of financial responsibility as defined in Minn.Stats.&340A.409,as it may be amended Page 41 of 423 from time to time, with regard to liability under Minn. Stats. & 340A.801, as it may be amended from time to time.This proof shall be filed with the City and the Commissioner of Public Safety.Any liability insurance policy filed as proof of financial responsibility under this section shall conform to Minn. Stats. & 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter without having on file with the City at all times effective proof of financial responsibility is a cause for revocation of the license. (b) Limitations on licenses. Off-sale licenses shall be issued only to exclusive liquor stores and drug stores. On-sale licenses shall be issued to hotels, clubs, restaurants or organizations with the approval of the Minnesota Commissioner of Public Safety or congressionally chartered veterans, provided the organization has been in existence for at least three years and liquor sale will only be to members and bona fide guests. These limitations shall not apply to preexisting licenses. (c) False statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to state of any information called for on such application form,shall work an automatic refusal of license,or if already issued,shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter,or any part thereof. (d) Investigation Fees In accordance with the requirements of Minn. Stats. & 340A.402, the City shall conduct a background and financial investigation on all new application, applications to transfer a license, and reguests fora roval of a new L)Rerating manager under this chapter,!, The City may conduct a back ound and financial check on an application for a renewal of a license if it is^e interest to do so. At the time the initial or-maewal appliemien is madi�,.*''an applie&AM;a:A liesase under-this Chapter-shall not to e*eeed$10,000.Any fees due in ex eess of the fee aeeempanying the appheatien most be paid prior-to the Neense hearing and-h-e-f-eff-e dhe Gity Gotineil PORMisid-effs the applieation. Failure to fully pay iavestigeA fees within 30 days efbilling shall be ds rstispeasionor-r-eveeationoff (e) Action. (1) Granting. The Council may approve any application for the period of the remainder of the then-current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this chapter.Prior to consideration of any application for a license,the applicant shall pay the license fee and,if applicable,pay the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before consideration by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. (2) Issuing. If an application is approved, the City Clerk shall€ems issue a license pursuant thereto in the form prescribed by the City or the Commissioner,as the case may be.Except as otherwise specifically provided,all licenses shall be on a fiscal year basis,July 1 through June 30. For on-sale licenses issued and which are to become effective other than on the first day of the license year,the full fee shall be paid with the application but may be prorated after issuance.Licenses shall be valid only at one location and on the premises therein described.There shall be no prorations for off-sale licenses. (3) Transfer. No license issued under this chapter may transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval shall be cause for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this Code applying to golications for a license shall apply. Page 42 of 423 tht,.Angfo..eed ,,,t ffest t„ f:..e t or- 2) s tier „f'five e o e ete e ae e� e pefeent e,shall betmns€er-ferthe-puTese of thisseetien. , in..hiet. event the reu eil f eensider issuanee ef'.,fie.,i:eense to the t.-e„sfo,.ee (4) Refusal and termination. The rte,an-e-a its sole dise..etieft andfor- reasonable a ..ef6se to No license shall be issued: a. To a person of questionable moral character or business reputation; Tb at p erser)a r b. �establishment not eligible for a license under State law or this chapter; C. For any establisshhyment upon which sale of alcoholic beverages is prohibited; d. To person wmis not eligible to receive a license under State law or ordinance;or e. To,aay person to whom State law or ordinance prohibits issuing a license. Licenses shall terminate only by expiration,revocation,or ceasing to do business. (5) Council discretion to zrant or deny a license. The Council in its sound discretion may eitherarg nt or deny the application for any license or for the transfer or renewal of any license.No applicant has a right to a license under this chapter. 'Orowl 6 License denial. If a license aipplication is denied the 5arliest an applicant may reapj2ly is 12 months for the date the license is denied. (7) Public interest.No license under this chapter may be issued,transferred,or renewed if the results of any investigation show,to the satisfaction of the 4puncil,that such issuance,transfer,or renewal would not be in the public interest. (8) Revocation or suspension. a. In addition to any criminal penalty proved by State law or the City Code, the following civil penalties shall apply to violations of this apter or the conditions of any license issued hereunder: 1. Revocation on the first violation for the following types of offenses: (i) Commission of a felony related to the licensed activity; (ii) Sale of alcoholic beverages while license is under suspension. 2. The following mx applies to these violations: (i) Sale to underage person; (ii) Sale after/before hours; (iii) Consumption after hours; (iv) Illegal gambling,prostitution,adult entertainment on premises; (v) Sale to obviously intoxicated person; (vi) Sale of liquor that is not permitted by the license; (vii) Licensee permits illegal acts upon the licensed premises; (viii)Licensee has knowledge of illegal acts upon the licensed premises,but failed to report same to police; (ix) Licensee fails to cooperate fully with police in investigating illegal acts upon licensed premises; (x) Activities of licensee creates a serious danger to public health, safety or welfare. Page 43 of 423 License Type First Violation Second Third Fourth Violation Violation Violation On-sale liquor $500.00 plus 1 $1,000.00 plus $2,000.00 plus Revocation day suspension 3 days 10 days suspension suspension Off-sale liquor $750.00 $1,500.00 plus $2,000.00 plus Revocation 1 day 6 days sus ension suspension On-sale 3_2 $350.00 plus 1 $700.00 plus 3 $1,500.00 plus Revocation percent Non day suspension days 10 days inte*iemiag malt suspension suspension liquor/wine Off-sale 3_2 $250.00 plus 1 $500.00 plus 3 $1,000.00 plus Revocation ep rcent Neff- day suspension days 10 days ietexieating malt suspension suspension liquor Violations will be counted over a period of three years. b. Any of the foregoing civil penalties may be imposed by an administrative citation under City Code, Section 1-9, or in the alternative by ac n of the Council. If one of the foregoing penalties is imposed by an action of the Council, n fine, suspension or revocation shall take effect until the licensee has been afforded an op tunity for a hearing before the Council, a committee of the Council as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than 15 nor more than 30 days prioro the hearing date, stating the time, place and purpose thereof.The licensee may agree to such'tine,suspension or revocation imposed by an action of the Council without a hearing by providing the City Manager or his designee with a written notice of hearing waiver and acceptance of penalty. C. In lieu of the civil penalties and license suspensions imposed above, whether imposed by administrative citation or an action of the Council,the licensee may choose to surrender the license to sell alcohol for a minimum period of 12 months from the date of license surrender. State law ref rence—License revocation or suspension and civil penalties,Minn.Stats.§340A.415. u3 to rss (9) a applicants and licensees. A business eer-perate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest of five percent or more issued in such eerperatiea business and the extent of such interest. The list shall name all sharekelders owners and show the number of she&es interest held by each,either individually or beneficially for others. It is the duty of each eer-perRte business licensee to notify the City Clerk in writing of any change in legal ownership, or beneficial interest in such eer-pefmiea business or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee,which results in the change of voting control of the corporation by the persons owning the shares therein, or any other change in ownership or control of a corporation, shall be deemed equivalent to a transfer of the license issued to the corporation,and any such license shall be revoked 30 days after any such change in ownership or beneficial interest of shares unless the licensee has notified the Council of the change in ownership by submitting a new license application for the new owners,and the Council has been..edified- of the ehangein writing and approved the transfer of the license it by appropriate action.At any time that an additional investigation is required because of a change in-steek owner-ship er-any other-ehange in the ownership or control of a business eerperatieH, the licensee shall pay an additional investigation fee to be determined by the Council. The Council, or any officer of the Page 44 of 423 City designated by it,may at any reasonable time examine the stook transfer records and minute books of any suer-ate business licensee ift-order to verify and identify the owners, shamheldefs, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business.The Council may revoke any license issued upon its determination that a change of ownership of shares in a eer-perete business licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation,but no such action shall be taken until after a hearing by the Council on notice to the licensee. (f) Duplicate licenses. Duplicates of all original licenses under this chapter may be issued by the City Clerk without action by the Council,upon the licensee's affidavit that the original has been lost, and upon payment of a fee for issuance of the duplicate.All duplicate licenses shall be clearly marked"DUPLICATE." S� p +2 (g) Posting. All licensees shall conspicuously post their licenses in their places of business. n State law reference—Similar provisions,Minn.Stats.§340A.410,subd.4. b2.1°r' m a I to d ah i 6� (h) Manager or agent. Before a license is issued under this cha r,the applicant shallrappoint in writing a natural person as its manager or agent. Such manager or agent shall,. y the terms of hisoOngen consent, take full responsibility for the conduct of the licensed premises, and serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character,reputation, and other attributes,could qualify individually as a licensee. If such7mager or agent ceases to act in such capacity for the licensee without appointment of a successor acceptable City, th license issued pursuant to such appointment shall be revoked. The licensee shall notify the Ciy change of manager or agent. The licensee shall provide the City with all information on the new manager as if licensee was submitting a new application for a license. The City may conduct an investigation into the new manger or agent and the licensee shall pay an additional investigation fee to be determined by the Cit}'..The City shall revoke the license if the new manager is determined to be unacceptable to the Cityand lice ee fails to replace the new manager with a manager acceptable to the City. At all times when customers are on censed premises,there shall also be a person responsible for the conduct thereon,and,upon inquiry by any peace officer of an employee,such person's identity shall be immediately made known. (i) Persons DisgR" d ineligible for licens (1) State law. No license shall be granted to or held by any verson made ineligible for such a license under Minn. Stats. & 340A.402,subd. 1. JD"i A 4 S% 2 Oeratin o icer. No lice '' all be anted to a that does not have an o eratin officer0✓„agpr who is eligible pursuant to thYprovisions of this chapter. m4 (3) Real party interest. No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provision of Subsections(i)(1)and(2)of this section or who,in the judgement of the Council,is not the real party in interest or beneficial owner of the business,-ar to be operated,under the license. (4) Interest defined. The term "interest" as used in this section includes any pecuniary interest in the ownership,operation,management or profits of a retail liquor establishment,but does not included:bona fide loans,bona fide fixed sum rental agreements;bona fide open accounts or other obligations held with or without security arisiniz out of the ordinary and re lar course of bus'ness of selling or le lis merchandise, fixtures or supplies to such establishment; or an interest of ive percent Qp-lo" in any 44144 locolhes5 n holding a li uor licenseftA person who receives monies from time to time directly or indirectly from a licensee in the absence 4 a bona fide consideration therefore and excluding bona fide gifts or donations shall be deemed to havi a pecuniary interest in such retailing license. In determining "bona fide,"the reasonable value of the jzdods or thin s received as consideration for the RaMent by the licensee and all other facts reasonably nding to prove or disprove the existence of My immoseful scheme or arrangement to evade the Drollibitions of this section shall be considered. 5 Outstandin debts. No license shall be Ln.ted or renewed for operation on any premises on which real S5u'2a �Py C` J PROOFSPage 45 of 423 estate taxes, assessments, or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stats. ch. 278, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee. (6) Other ineligibility. No license under this chapter may be issued to: a. A person who within five years of the license application has been convicted of a felony or a willful violation of a Federal or State law, or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of alcoholic beverages; b. A person who has had an intoxicating or 3.2 percent non-intoxicating liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; c. A person under the age of 21 years; or d. A person not of good moral character and repute. __ No person who has a direct or indirect interest in a manufacturer, brewer or wholesaler may have any ownership, in whole or in part, in a business holding an alcoholic beverage license from the City. (Code 1988, § 5.02; Ord. No. 46, 2nd series, 10-25-1990; Ord. No. 48, 2nd series, 10-25-1990; Ord. No. 55, 2nd series, 1-17- 1991; Ord. No. 57, 2nd series, 3-28-1991; Ord. No. 121, 2nd series, 12-15-1994; Ord. No 209, 2nd series, 11-11-1999; Ord. No. 316, 2nd series, 11-26-2004; Ord. No. 565, 2nd series, 7-31-2015) Sec. 4-43. Renewal license applications. Applications for renewal of all licenses under this chapter shall be made at least 60 days prior to the date of expiration of the license, and shall contain such information as is required by the City. The City may refuse to renew the license of a person who is disqualified under any other section of the City Code. (Code 1988, § 5.03; Ord. No. 32, 2nd series, 12-13-1989) Sec. 5.04. Delinquent taxes and charges. No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the City or State are owed and are delinquent and unpaid, nor to any applicant from whom taxes, assessments, or installments thereof, are unpaid. (Code 1988, § 5.04) Sec. 4-44. Conditional licenses. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this chapter, upon any license as it, in its discretion, may deem reasonable and justified for the protection of public health, safety and welfare, provided the Council issues a finding of the necessity for such special conditions and restrictions. (Code 1988, § 5.05) Sec. 4-45. Premises licensed. Unless expressly stated therein, a license issued under the provisions of this chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license or in the case of a temporary on-sale special event permit issued pursuant to Section 5.81, to that outdoor area described in the permit issued; and all transactions relating to a sale under such license must take place within such building or structure. (Code 1988, § 5.06; Ord. No. 129, 2nd series, 6-1-1995) PROOFSPage 46 of 423 Sec. 4-46. License conditions and unlawful acts. __ Consumption __ Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of, beer, wine or liquor on licensed premises more than 30 minutes after the hour when a sale thereof can legally be made. __ Closing __ Closing. It is unlawful for any person, other than a licensee or such licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this Chapter more than 30 minutes after the legal time for making licensed sales, unless the licensed establishment is open to the public for serving food. Sec. 5.08. Conduct on licensed premises. (a) Conduct on licensed premises. Except as herein provided, every licensee under this chapter shall be responsible for the conduct of such licensee's place of business and shall maintain conditions of sobriety and order therein. Sec. 5.09. Sale by employee. (b) Sale by employee. Any sale of an alcoholic beverage in or from any premises licensed under this chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale; and every such employer is liable to all of the penalties, except criminal penalties, provided by law for such sale, equally with the person actually making the sale. The City encourages all licensees and their employees to check the identification of anyone who appears 35 years old or younger. However, there shall be no penalty for failure to check the identification of a person 21 years old or older or if no sale is associated with a failure to check the identification of a person under the age of 21. (Code 1988, §§ 5.07--5.09; Ord. No. 209, 2nd series, 11-11-1999) Sec. 4-47. Right of inspection license condition and unlawful act. (a) Premises. Any police officer, building inspector or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect and search the premises of any licensee hereunder at any time without a warrant. (b) Records. The licenses shall make its business records, including Federal and State tax returns, available to the City at all reasonable times upon written request. __ License Conditions. All premises licensed under this Chapter shall at all times be open to inspection by any police officer to determine whether or not this Chapter and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches or seizures. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer from making such inspection. __ It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer from making such inspection. (Code 1988, § 5.10) Sec. 4-48. License fees; fixing and refundment. (a) Annual fees. All fees under this chapter, including fees for annual and temporary licenses, shall be fixed and determined by the City Council, adopted by resolution and uniformly enforced. Such fees shall not exceed the limits provided under Minn. Stats. § 340A.408. (b) Fixing Fees. (1) Except as otherwise specifically provided, all fees for licenses provided for in this chapter, including, but not by way of limitation, license fees, investigation and administration fees, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may, from time to PROOFSPage 47 of 423 time, be amended by the Council by resolution. A copy of the resolution shall be kept on file in the office of the City Clerk and open to inspection during regular business hours. For the purpose of fixing such fees, the Council may categorize and classify, provided, that such categorization and classification shall be included in the resolution authorized by this section. In the case of an application for an on sale liquor license respecting premises wherein construction is not yet completed for the establishment seeking to receive such license, the fee shall be the full annual fee as set by the Council for the period from the date of the application until liquor sales actually commence on the licensed premises. When sales commence, the full annual fee shall become effective with appropriate prorations for any periods which have elapsed prior to commencement of sales. In no event shall a reduced fee apply with respect to any application of an establishment under construction for a period of longer than 12 months from the date of application. All application fees are due in full before Council consideration will be given to same. __ Refundment (2) A pro rata share of an annual license fee for a license to sell intoxicating liquor or 3.2 percent non- intoxicating malt liquor, either on-sale or off-sale, may be refunded to the licensee, or to the estate of the licensee by quarterly if: a. The business ceases to operate because of destruction or damage; b. The licensee dies; or c. The business ceases to be lawful for a reason other than a license revocation or suspension; or d. The licensee ceases to carry on the licensed business under the license. (c) Investigation fees. The City shall conduct a background and financial investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay an investigation fee of $500.00 which shall be in addition to any license fee. Investigation fees shall be paid before the commencement of the investigation. (Code 1988, § 5.11; Ord. No. 46, 2nd series, 10-25-1990; Ord. No. 55, 2nd series, 1-17-1991) Sec. 4-49. Financial responsibility of licensees Liability insurance. All applicants for any type of intoxicating liquor, 3.2 percent malt liquor, or wine license must, as a condition to the issuance of the license, maintenance of the license and renewal of the license, demonstrate proof of financial responsibility with regard to liability imposed by Minn. Stats. § 340A.801 to the City. The minimum requirements for proof of financial responsibility are set forth in Minn. Stats. § 340A.409. The sale of alcohol is prohibited if the required insurance is not in effect. __ Proof No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility, imposed by Statute, by filing with the City: __ A certificate that there is in effect an insurance policy or pool providing minimum coverage of: __ $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence, and __ $50,000 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence; an annual aggregate of $300,000 may be included in the insurance coverage; or __ A bond of a surety company with minimum coverage as provided in Subparagraph A of this subdivision; or __ A certificate of the State Treasurer that the licensee has deposited with the State Treasurer PROOFSPage 48 of 423 $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. __ Exception. This section does not apply to on-sale non-intoxicating malt liquor licensees with sales of non-intoxicating malt liquor of less than $10,000 for the preceding year, nor to off-sale non-intoxicating malt liquor licensees with sales of non-intoxicating malt liquor of less than $20,000 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this subdivision. __ Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this section shall be submitted by the City to the Commissioner. (Code 1988, § 5.12; Ord. No. 55, 2nd series, 1-17-1991; Ord. No. 180, 2nd series, 6-11-1998) Sec. 4-50. Insurance certificate requirements. (a) Whenever an insurance certificate is required by this chapter, the applicant shall file with the City Clerk a certificate of insurance showing: (1) That the limits are at least as high as required; (2) That coverage is effective for at least the license term approved; and (3) That such insurance will not be canceled or terminated without 30 days' written notice served upon the City Clerk. (b) Cancellation or termination of such coverage shall be grounds for license revocation. (Code 1988, § 5.13) Sec. 5.30. Non-intoxicating malt liquor license required. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of non-intoxicating malt liquor, as part of a commercial transaction, without a license therefore from the City. This section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding the appropriate non-intoxicating malt liquor license from the City. Annual on-sale non-intoxicating malt liquor licenses may be issued only to drug stores, restaurants, hotels, bowling centers, clubs, and establishments used exclusively for the sale of non-intoxicating malt liquor with the incidental sale of tobacco and soft drinks. Any person licensed to sell liquor on-sale shall not be required to obtain an on-sale non-intoxicating malt liquor license, and may sell non-intoxicating malt liquor on-sale without an additional license. Any person licensed to sell liquor off-sale shall not be required to obtain an off-sale beer or non-intoxicating malt liquor license, and may sell beer or non-intoxicating malt liquor off-sale without an additional license. (Code 1988, § 5.30) Sec. 5.31. Temporary on-sale licenses. __ Applicant The following are eligible to apply for and receive a temporary on-sale 3.2 percent malt liquor license or a temporary on-sale liquor license: __ a club or charitable, religious, or other nonprofit organization in existence for at least three years; __ a political committee registered under section Minnesota Statute § 10A.14; __ a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year; and __ a microdistillery. __ Conditions - All Temporary Licenses The following conditions apply to all licenses to be issued or issued under this section. __ An application for a temporary license shall state the exact dates and place of proposed temporary sale, and the license shall be limited to such dates and place. __ No applicant shall qualify for a temporary license for more than a total of seven days in any calendar PROOFSPage 49 of 423 year nor for three temporary licenses within a 12 month period. __ No one location, other than City-owned property, shall qualify for a temporary license for more than a total of seven days in any calendar year nor for three temporary licenses within a 12 month period __ The license may authorize the on-sale of liquor or 3.2 percent malt liquor on premises other than premises the licensee owns or permanently occupies. __ Licenses issued under this section are subject to all laws and ordinances governing the sale of liquor except Minnesota Statute §340A.504, subd. 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. __ The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary on-sale 3.2 percent malt liquor license or temporary on-sale of liquor for premises owned or controlled by the City. Any such license may be conditioned, qualified or restricted as the Council sees fit. __ The licensee shall provide proof of financial responsibility as provided in Section 5.12 and any other applicable section of the Code, except that the Council may, by resolution, fix different limits of such coverage, but in no case shall it be less than that required for other alcoholic beverages. Notwithstanding Section 5.12, subd. 2, if the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, satisfactory evidence of liability insurance providing at least the minimum insurance coverages required under Minnesota Statute § 340.409 and naming the City as an insured during the license period. If a license under this section is to be issued in connection with a Special Event Permit under Section 8.11 of the Code, all financial and insurance requirements under Code Section 8.11 shall apply to the license to be issued under this section. __ Conditions - Temporary On-Sale Liquor Licenses In addition to the conditions provided in Subdivisions 1 and 2 above, any license issued under this section for on-sale liquor shall be subject to the following conditions: __ The license may authorize the on-sale of liquor for not more than four consecutive days. __ Not more than one temporary license may be issued to any one applicant, or for any one location, other than City-owned property, within any 30 day period. __ A licensee may only be granted a license under this section in connection with a social event sponsored by the licensee. __ To the extent permitted by and in accordance with State law, the license may provide that the licensee may contract for liquor catering services with the holder of a full-year on-sale liquor license issued by any municipality and a caterer's permit issued by the State. __ The license is not valid unless first approved by the Commissioner. (Code 1988, § 5.31; Ord. No. 595, 2nd series, 4-15-2016) Sec. 5.32: Hours and days of 3.2 percent non-intoxicating malt liquor sales. No sale of 3.2 percent non-intoxicating malt liquor shall be made between the hours of 1 a.m. and 8 a.m. on the days of Monday through Saturday, nor between the hours of 1 a.m. and 12:00 noon on Sunday. (Ord. No. 55, 2nd series, 1-17-1991) __ Off-Sale Small Brewer Liquor License A brewer licensed by the Commissioner of Public Safety to brew up to 3,500 barrels of malt liquor per year may with the approval of the Commissioner of Public Safety be issued a license by the City for off-sale of malt liquor subject to all applicable Minnesota Statutes, Federal laws, rules and regulations, and the following conditions: __ The malt liquor sold off-sale must be produced and packaged on the licensed premises. PROOFSPage 50 of 423 __ The hours of operation shall be limited to the hours set forth in Section 5.42: Hours and Day of Liquor Sales, subd. 2, and Section 5.41 regarding the off-sale Sunday sales of growlers. The malt liquor sold off-sale must be removed from the premises before off-sale closing time at exclusive liquor store. __ The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. __ The malt liquor sold off-sale shall be packaged in 64 ounce containers commonly known as "growlers" or in 750 milliliter bottles and shall have the following requirements for packaging: __ The containers or bottles shall bear a twist type closure, cork, stopper or plug. __ At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and extend over the top of the twist type closure, cork, stopper or plug forming a seal that must be broken upon opening of the container or bottle. __ The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. __ The container or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcohol content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. (Code 1988, § 5.32; Ord. No. 570, 2nd series, 8-14-2015; Ord. No. 537, 2nd series, 1-30-2015) Sec. 5.34. On-sale small brewer taproom license. __ On-Sale Small Brewer Taproom Liquor License A brewer licensed by the Commissioner of Public Safety to brew up to 3,500 barrels of malt liquor per year may be issued a license by the City for on-sale of malt liquor subject to all applicable Minnesota Statutes, Federal laws, rules and regulation, and the following conditions: __ The malt liquor sold on sale for consumption must be produced by the brewer on the licensed premises of or adjacent to one brewery location owned by the brewer. __ No other beverages containing alcohol may be sold or consumed on the licensed premises. __ The hours of operation shall be limited to the hours set forth in Section 5.42: Hours and Day of Liquor Sales subd. 1. __ No single entity may hold a taproom license under this section and a cocktail license under Section 5.36 of the City Code, and a cocktail room and taproom may not be co-located. (Code 1988, § 5.34; Ord. No. 570, 2nd series, 8-14-2015) Sec. 5.35. Brewpub off-sale malt liquor license. __ Brewpub Off-Sale Malt Liquor License A brewpub off-sale malt liquor license may be issued, with approval of the Commissioner of Public Safety, to brewer who holds an on-sale intoxicating or 3.2 percent malt liquor license issued by the City for a restaurant operated in the place of manufacture, subject to the following conditions: __ The malt liquor sold off-sale must be produced and packaged on the licensed premises. __ Off-sale of malt liquor shall be limited to the legal hours of off-sale and the malt liquor sold off- sale must be removed from the premises before off-sale closing time at exclusive liquor store. __ The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly known as "growlers" or in 750 milliliter bottles and shall have the following requirements for packaging: __ The containers or bottles shall bear a twist type closure, cork, stopper or plug. PROOFSPage 51 of 423 __ At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and extend over the top of the twist type closure, cork, stopper or plug forming a seal that must be broken upon opening of the container or bottle. __ The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. __ The container or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcohol content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. (Code 1988, § 5.35; Ord. No. 537, 2nd series, 1-30-2015) Sec. 5.36. On-sale cocktail room license. __ On-Sale Cocktail Room License A Microdistillery licensed under Minnesota Statute, Section § 340A.22 may be issued an on-sale liquor license for the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller, subject to the following conditions: __ The distiller may only have one cocktail room licensed under Minnesota Statute 340A.22 and may not have ownership interest in a distillery licensed under Minnesota Statute 340A.301 subd. 6(a). __ No other beverages containing alcohol may be sold or consumed on the licensed premises, other than the distilled spirits produced by the microdistiller upon the microdistillery premises. __ No single entity may hold a cocktail room license under this section and a taproom license under Section 5.34 of the City Code, and a cocktail room and taproom may not be co-located. __ The hours of operation shall be limited to the hours set forth in Section 5.42: Hours and Day of Liquor Sales, subd. 1. __ Nothing in this section shall preclude the holder of a cocktail room license from also holding a license to operate a restaurant at the cocktail room location. (Code 1988, § 5.36) Sec. 5.37. Off-sale distilled spirits. __ Off-Sale Distilled Spirits A Microdistillery licensed under Minnesota Statute, Section 340A.22 may be issued an off-sale license for the off sale of distilled spirits produced and packaged on the licensed premises, subject to all applicable Minnesota Statutes, Federal laws, rules and regulations, and the following conditions: __ Off-sale of distilled spirits shall be limited to the hours set forth in Section 5.42: Hours and Days of Liquor Sales, subd. 2. __ The license holder may not sell more than one 375 milliliter bottle of distilled spirits per day to any one customer at off-sale. (Code 1988, § 5.37; Ord. No. 570, 2nd series, 8-14-2015) Sec. 4-51. Liquor license required. (a) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the City. This section shall not apply: (1) To such potable liquors as are intended for therapeutic purposes and not as a beverage; (2) To industrial alcohol and its compounds not prepared or used for beverage purposes; (3) To wine in the possession of a person duly licensed under this chapter as an on-sale wine licensee; PROOFSPage 52 of 423 (4) To sales by manufacturers to wholesalers duly licensed as such by the Commissioner; or (5) To sales by wholesalers to persons holding liquor licenses from the City. (b) Any person licensed to sell liquor on-sale shall not be required to obtain an on-sale 3.2 percent non- intoxicating malt liquor license or an on-sale wine license, and may sell wine, beer or 3.2 percent non-intoxicating malt liquor on-sale without an additional license. Any person licensed to sell liquor off-sale shall not be required to obtain an off-sale 3.2 percent non-intoxicating malt liquor license, and may sell beer, wine or 3.2 percent non- intoxicating malt liquor off-sale without an additional license. A restaurant licensed under this section may permit a person purchasing a full bottle of wine in conjunction with the purchase of a meal to remove the bottle on leaving the licensed premises provided that the bottle has been opened and the contents partially consumed. A removal of a bottle under the conditions described in this section is not an off-sale of intoxicating liquor and may be permitted without additional license. (Ord. No. 316, 2nd series, 11-26-2004) Sec. 4-52. Liquor and on-sale wine license restrictions, regulations, and unlawful acts. (a) Limitations on issuance of licenses to one person or place. (1) No off-sale liquor license may be issued to any one person for more than one place in the City. Any person holding an interest in two or more such licenses in the City shall be deemed to hold more than one license. (2) For the purpose of this article, the term "interest" includes any pecuniary interest in the ownership, operation, management, or profits of a retail liquor establishment, and a person who receives money from time to time directly or indirectly from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary interest in the retail business. The term "interest" does not include loans; rental agreements; open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures, supplies to the establishment; an interest in a corporation owning or operating a hotel but having at least 150 or more rental units holding a liquor license in conjunction therewith; or five percent 10 percent or less interest in any other corporation holding a license. (3) In determining whether an "interest" exists, the transaction must have been bona fide and the reasonable value of the goods and things received as consideration for a payment by the licensee and all other facts reasonably tending to prove or disprove the existence of a purposeful scheme or arrangement to evade the restrictions of this chapter must be considered. (b) Licenses in connection with premises of another. A liquor license may not be issued to a person in connection with the premises of another to whom a license could not be issued under the provisions of this chapter. This subsection does not prevent the granting of a license to a proper lessee because the person has leased the premises of a person under 21 years of age, a non-citizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of this chapter. (c) Off-sale licenses where 3.2 percent non-intoxicating malt liquor is sold. An off-sale liquor license may not be issued to a place where 3.2 percent non-intoxicating malt liquor is sold for consumption on the premises. (d) Employment of persons under 21 years of age. No person under 18 years of age may be employed in a place where liquor is sold for consumption on the premises, except persons under 18 years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine or 3.2 percent non-intoxicating malt liquor is sold, provided that the person under the age of 18 years may not serve or sell any wine, beer or 3.2 percent non-intoxicating malt liquor. __ On-sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided, however, for purposes of this section, such restaurant shall have appropriate facilities for seating not less than 25 guests at one time. (e) Samples. It is lawful for an off-sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, PROOFSPage 53 of 423 provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off-sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. (f) Drug stores. No liquor license may be issued to a person operating a drug store unless the person has operated it for at least two years or has purchased a drug store that has been in continuous operation for two or more years. (g) Near schools or churches. No license shall be granted for any building within 300 feet of any elementary or secondary school structure or within 100 feet of any church structure. (h) Name restrictions. The same business name shall not be used by more than one of the City's off-sale liquor licenses. (Code 1988, § 5.70; Ord. No. 46, 2nd series, 10-25-1990; Ord. No. 55, 2nd series, 1-17-1991; Ord. No. 121, 2nd series, 12-15- 1994; Ord. No. 180, 2nd series, 6-11-1998) Sec. 4-53. Consumption and display. It is unlawful for any business establishment or club, not holding an on-sale liquor license to directly or indirectly, or on any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of any liquid for the purpose of mixing the same with liquor, or permit its members to bring and keep a personal supply of liquor in lockers assigned to such members or customers or at any location in the business establishment or club. (Code 1988, § 5.80; Ord. No. 57, 2nd series, 3-28-1991) Sec. 5.81. Temporary on-sale special event permit. Liquor and wine on-sale license holders shall be eligible for a temporary on-sale special event permit allowing on-sale outdoor liquor sales on property owned by the on-sale license holder which said property immediately adjoins the on-sale licensed premises. Said special event permit shall be available twice in one calendar year for each on-sale licensed premises. An application for the permit shall be made to the City Clerk pursuant to Section 5.02, subd. 1 herein. Said application shall provide details about the proposed event, including the event hours, location, description of security to be provided to prevent unlawful sales, noise control measures, and any other information requested by the City. The application shall be forwarded by the City Clerk to the City Manager or his designee for review. The City Manager or his designee shall have sole discretion in whether to issue the special event permit. The applicant shall pay investigation fees as required under Section 5.02, subd. 3. (Code 1988, § 5.81; Ord. No. 129, 2nd series, 6-1-1995) PROOFSPage 54 of 423 Chapter 5 RESERVED Page 55 of 423 Chapter 6 ANIMALS* *State law reference—General authority relative to animals,Minn.Stats.§412.221,subd.21;animal health,Minn.Stats.ch. 35;dogs and cats,Minn.Stats.ch.347;cruelty to animals,Minn.Stats.§343.20 et seq. ARTICLE I.IN GENERAL See. 10.31.Foliee dogs. — Death or Harm.it is anlawful te inteationally eause death or any bedily harm whatseever to a peliee dog in the eustedy of a peaee efhEer-as defined in Minnesota Statutes, eetien 626.84,suba. ' SAparagfaph(QT , Seetien-626.82, subd. 84w,...,.,...ap (e) (Godo 1988 § 10.31) Sec.6-1.Animal waste. (a) Definitions. The following words,terms and phrases,w u n t section,shall have the meanings ascribed to them in this subsection,except where the context cl y i ica ifferent meaning: Animal:means A dog,cat or other animal. Owner:means Any person who harbors,feeds,bo s,pos se5; eeps or has custody of an animal. (b) Unlawful acts. It is unlawful for any o o. (1) Suffer or permit an animal to defecat upon lic property, or the private property of another, without immediately removing the excrement d disp ing of it in a sanitary manner. (2) Suffer or permit an animal to be upon publi property, or the private property of another, unless such animal is in the custody ofa­ eerson„ itable age and discretion having in his possession equipment and supplies for excrem mb 4 . (c) Exceptions. The pro s s Sub ction(b) of this section do not apply to a guide dog accompanying a blind person,a service dog accom in a disabled person,or a dog while engaged in police or rescue activity. (Code 1988,§ 10.33;Ord.No. 11,2nd seri , 11-24-1988) a Sec.6-2.Feeding of undomesticated animals�ee�. 5 (a) Feeding prohibited.No person shall i tionally feed undomesticated animals deer within the City.For purposes of this subsection,the term "feedin ' shall mean the provision of salt licks andfor one-half cubic foot or more of grain, fruit, vegetables, nuts,ha r other edible material either on the ground or at a height of less than five feet above the ground,in a manner that attracts undomesticated animals-leer.Living food sources such as trees and other live vegetation shall not be considered as undomesticated animals deer feeding. (b) Exception. The provisions of Subsection(a)of this section shall not apply to the employees or agents of the City, the County, the State, the Federal government or veterinarians who in the course of their official duties have undomesticated animals deer in their custody. (Code 1988,§ 10.34;Ord.No. 111,2nd series,6-23-1994) Secs. 6-3--6-22.Reserved. ARTICLE II.ANIMAL CONTROL Sec.6-23.Definitions. The following words, terms and phrases,when used in this article, shall have the meanings ascribed to them PROOFSPage 56 of 423 in this section, except where the context clearly indicates a different meaning: Animal Control: means An agency of the State, County, municipality, or other governmental subdivision of the State which is responsible for animal control operations in a jurisdiction. At Large: means Off the premises of the owner and not under the control of the owner or other competent person, either by leash or otherwise. Dangerous Dog: means Any dog that: (1) Has without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) Has killed a domestic animal without provocation while off the owner's property; or (3) Has been found to be potentially dangerous, and after the owner has been noticed that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Dog: means Both the male and female of the canine species, commonly accepted as domesticated household pets. Great Bodily Harm: means Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Maintenance Costs: means The cost of maintaining an impounded animal, including, but not limited to, impounding fees, boarding fees and reasonable charges for medical treatment for said animal. The amount of fees shall be established by the City Council and adopted by ordinance. Owner: means Any person, firm, corporation, organization, department, or association owning, possessing, harboring, keeping, having an interest in, or having care, custody or control of a dog, except veterinary hospitals owned and operated under the provisions of the Veterinary Practice Act of the State of Minnesota and the Animal Humane Society. Potentially Dangerous Dog: means Any dog that: (1) When unprovoked, inflicts harm or bites on a human or domestic animal on public or private property; (2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Proper Enclosure: means Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. The enclosure shall not allow the egress of the dog in any manner without human assistance. A pen shall meet the following minimum specifications: (1) A minimum overall floor size of 32 square feet. (2) Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be 1 1/4-inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of one inch in the ground. (3) A cover over the pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewall and openings in the wire shall not exceed two inches. PROOFSPage 57 of 423 (4) An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and openings in the wire shall not exceed two inches. The gate shall be self-closing and self-locking. The gate shall be closed at all times when the dog is in the pen. Substantial Bodily Harm: means Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Unprovoked: means The condition in which the dog is not excited, stimulated, agitated or disturbed into action. (Code 1988, § 10.30(1)) Sec. 2. City veterinarian. The Council may appoint a qualified veterinarian, for such term as it shall designate, as City Veterinarian. The City Veterinarian shall act as an advisor to the Council, and City Staff on matters pertaining to animal and human health relationships. It shall be the responsibility of said veterinarian to ensure that qualified veterinary care is available at all times for any injured or diseased animal apprehended by members of the Police Department. (Code 1988, § 10.30(2)) Sec. 0. Reserved. Sec. 6-24. Dog and cat impounding. (a) Impounding. (1) The Police Department shall take up and impound any unlicensed dangerous dog or potentially dangerous dog found in the City, any dangerous dog or potentially dangerous dog that is not properly restrained in accordance with Section 6-27(d), any dog or cat found in the City at large while injured or diseased, any dog or cat found off the owner's premises without the evidence required by this section of valid and current immunization, and any dog or cat at such other occasion as may be necessary to enforce this article. Said City personnel are empowered and instructed to enter upon any private premises where they have reasonable cause to believe there is an unlicensed dangerous dog or potentially dangerous dog. (2) It is unlawful for the owner of any cat more than six months of age to fail to have such cat vaccinated for rabies each 12 months and to have evidence of such vaccination permanently attached to a collar kept around the neck of such cat. Any cat found off the owner's premises without such evidence of valid and current immunization shall be impounded. (3) It is unlawful for the owner of any dog more than 150 days of age to fail to have a valid and current rabies vaccine and to have evidence of such vaccination permanently attached to a collar kept around the neck of such dog. Any dog found off the owner's premises without evidence of a valid and current rabies immunization shall be impounded. For purposes of this section, a dog's vaccination with a killed rabies vaccine shall be deemed valid and current for 12 months, and a dog's vaccination with a live rabies vaccine shall be deemed valid and current for 24 months. (b) Notice of impounding. Upon taking up and impounding any dog or cat as provided in this article, the Police Department shall promptly prepare a record describing said impounded dog or cat and retain a copy of said record during the period of impoundment and during a period of 90 days thereafter. (c) Redemption. Any dog or cat may be redeemed from the Police Department by the owner within seven days of the impounding by the payment to the Police Department of the license fee (as applicable) for the current year, and any additional fee, if applicable, together with maintenance costs for each day or portion thereof that the dog or cat is confined. (d) Release. Upon proof of ownership and payment of all fees and charges as provided herein to the Police Department, the Police Department shall release to any owner the dog or cat claimed by such owner. In any event, all owners who refuse the return of a dog or cat, or whose dog or cat shall die during impoundment, shall be liable for all reasonable charges and fees for the impoundment, care and treatment, board, and disposal of said dog or cat. (e) Unclaimed dogs or cats. Any dog or cat which is not claimed as provided in this article, within seven days after impounding may be sold for not less than the total charge provided in this article, to any desiring to PROOFSPage 58 of 423 purchase the dog or cat. Any dog or cat, which is not claimed by the owner or sold, may be disposed of, used for research or destroyed by the Police Department. (Code 1988, § 10.30(4)) Sec. 6-25. Power to contract. The Council may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person to act as its agent to effectuate the purposes of this article. (Code 1988, § 10.30(5)) Sec. 6-26. Confinement of certain dogs. Any female dog in heat, and any dog who annoys or threatens persons passing on or using public streets, and any dog which habitually chases automobiles shall be confined or effectively restrained by its owner. In addition to issuing a citation, the Police Department may take up and impound any dog found at large in violation of this provision, and release it only upon order of the Police Department after payment of the fees provided for herein. (Code 1988, § 10.30(6)) Sec. 6-27. Registration of dangerous dogs. (a) Adoption by reference. Except as otherwise provided in this article, the regulatory and procedural provisions of Minn. Stats. §§ 347.50--347.565 (a part of the law commonly referred to as the "Regulation of Dangerous Dogs"), as amended through Laws 2008, are hereby incorporated herein and adopted by reference, subject, however, to any administrative penalty which has been adopted by the City Council by ordinance. (b) Declaration of potentially dangerous or dangerous dogs. (1) A City police officer, police officer, community service officer, or animal control officer may declare a dog to be potentially dangerous or dangerous, when the officer has probable cause to believe that the dog is potentially dangerous or dangerous as defined herein. The following factors will be considered in determining a dangerous or potentially dangerous dog: a. Whether any injury or damage to a person by the dog was caused while the dog was protecting or defending a person or the dog's offspring within immediate vicinity of the dog from an unjustified attack or assault; b. The size and strength of the dog, including jaw strength, and the animal's propensity to bite humans or other domesticated animals; c. Whether the dog has wounds, scarring, is observed in a fight, or has other indications that the dog has been or will be used, trained or encouraged to fight with another animal or whose owner is in possession of any training apparatus, paraphernalia or drugs used to prepare such dogs to fight with other animals. (2) Beginning 180 days from the date a dog is declared potentially dangerous or dangerous, the owner may request annually that the City review the designation. The owner shall provide clear and convincing evidence to the hearing officer that the dog's behavior has changed due to the dog's age; neutering; environment; completion of obedience training that includes modification of aggressive behavior; or other factors rendering the dog no longer dangerous or potentially dangerous. The hearing officer shall review the evidence without hearing, and if the hearing officer finds sufficient evidence that the dog's behavior has changed, and the dog is no longer potentially dangerous or dangerous, the hearing officer may rescind the dangerous dog or potentially dangerous dog designation. For purposes of this article, the hearing officer is the Chief of Police, or his designee. (3) Exceptions. a. The provisions of this section do not apply to dogs used by law enforcement. b. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or danger was sustained by a person who was: PROOFSPage 59 of 423 1. Committing a willful trespass or other wrongful act causing injury upon the premises occupied by the owner of the dog; or 2. Provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing or assaulting the dog; or 3. Committing or attempting to commit a crime. (c) License required. The owner must annually license dangerous and potentially dangerous dogs with the City and must license a newly declared dangerous or potentially dangerous dog within 14 days after notice that a dog has been declared dangerous or potentially dangerous. Regardless of any appeal that may be requested, the owner must comply with the requirements of Minn. Stats. § 347.52(c) regarding notification to the City upon transfer or death of the dog, until and unless a hearing officer or court of law reverses the declaration. (1) Process for dangerous dogs. The City will issue a license to the owner of a dangerous dog if the owner presents clear and convincing evidence that: a. There is a proper enclosure, as defined herein; b. There is a surety bond by a surety company authorized to conduct business in the State in the sum of at least $300,000.00, payable to any person injured by a dangerous dog, or receipt of a copy of a policy of liability insurance issued by an insurance company authorized to do business in the State in the amount of at least $300,000.00, insuring that owner for any personal injuries inflicted by the dangerous dog. Such surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the City is notified in writing by the surety company or the insurance company at least 10 days prior to such cancellation and written proof shall be submitted that shows that the owner's insurance provider has been notified, in writing, of the declaration of the potentially dangerous or dangerous dog; c. The owner has paid the annual license fee established by the City Council and adopted by ordinance; d. The owner has had a microchip identification implanted in the dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the owner at the owner's expense, it may be implanted by the City at the owner's expense; and e. The owner provides proof that the dog has been sterilized. If the owner does not sterilize the dog within 30 days, the City shall seize the dog and sterilize it at the owner's expense. (2) Process for potentially dangerous dogs. The City will issue a license to the owner of a potentially dangerous dog if the owner presents clear and convincing evidence that: a. There is a proper enclosure, as defined herein; b. The owner has paid the annual license fee established by the City Council and adopted by ordinance; and c. The owner has had a microchip identification implanted in the potentially dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the owner at the owner's expense, it may be implanted by the City at the owner's expense. (3) Inspection. A pre-license inspection of the premises to ensure compliance with the City Code is required. If the City issues a license to the owner of a dangerous or potentially dangerous dog, the City shall be allowed at any reasonable time to inspect the dog, the proper enclosure and all places where the animal is kept. (4) Warning symbol. The owner of a dangerous dog licensed under this subdivision must post a sign to inform children that there is a dangerous dog on the property, including a warning symbol on the property, at a prominent location, clearly visible from any adjoining street, sidewalk or any public right- of-way. The sign will be provided upon issuance of the license. PROOFSPage 60 of 423 (5) Tags. A dangerous dog licensed under this section must wear a standardized, easily identifiable tag at all times that contains the uniform dangerous dog symbol, identifying the dog as dangerous. The tag shall be provided by the City upon issuance of the license. In case any dog tag is lost, a duplicate shall be issued by the Police Department upon presentation of a receipt showing payment of the license fee in the current year and proof that the other conditions of this section remain satisfied. The charge for the duplicate tag shall be established by the City Council and adopted by ordinance. (6) License fee. The City will charge the owner an annual license fee for a dangerous or potentially dangerous dog, such fee to be established by the City Council and adopted by ordinance. (d) Properly restrained in proper enclosure or outside of proper enclosure. While on the owner's property, an owner of a dangerous or potentially dangerous dog must keep it in a proper enclosure. Inside a residential home, there must be a secured area maintained where the dog will stay when persons other than family members are present. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash no longer than six feet and under physical restraint by an adult. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (e) Notification requirements to City. (1) Relocation or death. the owner of the dog that has been declared dangerous or potentially dangerous must notify the City Clerk in writing if the dog is to be relocated from its current address or if the dog has died. The notification must be given in writing within 30 days of the relocation or death. The notification must include the current owner's name and address, and the new owner's name and the relocation address. If the relocation address is outside the City, the City may notify the local law enforcement agency of the transfer of the dog into its jurisdiction. (2) Renter's obligations. A person who owns or possesses a dangerous or potentially dangerous dog and who will rent property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal periods that the person owns or possesses a dangerous or potentially dangerous dog that will reside at the property. A dog owner, who is currently renting property, must notify the property owner within 14 days of City notification if the owned dog is newly declared as dangerous or potentially dangerous and that the dog owner keeps the dog on the property. (3) Transfer of ownership into the City. No dog that has been previously determined to be dangerous or potentially dangerous by another jurisdiction shall be kept, owned or harbored in the City unless the dog's owner complies with the requirements of this section prior to bringing the dog into the City. Dogs in violation of this subsection are subject to impoundment and destruction. (f) Seizure. Animal control may immediately seize any dangerous or potentially dangerous dog if: (1) 14 days after the owner has notice that the dog is declared dangerous or potentially dangerous, the dog is not validly licensed and no appeal has been filed; (2) 14 days after the owner has notice that the dog is dangerous, the owner has not secured the proper liability insurance or surety bond as required or such required insurance or bond is cancelled; (3) The dog is not maintained in a proper enclosure; (4) The dog is outside the proper enclosure and not under proper restraint, as required by this section. (5) 30 days after the owner has notice that the dog is dangerous, the dog is not sterilized, as required by this article; or (6) The dog's microchip has been removed. (g) Reclamation. A dog seized under this section may be reclaimed by the owner of the dog upon payment of maintenance costs, and presenting proof to animal control that the requirements of this section have been met. A dog not reclaimed under this section within seven days may be disposed of, used for research, or destroyed and the owner will be liable to the City for maintenance costs. A person claiming an interest in a seized dog may prevent disposal of destruction of the dog by posting a security in an amount sufficient to provide for the dog's maintenance PROOFSPage 61 of 423 costs. The security must be posted with the City within seven days of the seizure, inclusive of the date seized. (h) Subsequent offenses; seizure. If a person has been convicted of violating a provision of this section, and the person is charged with a subsequent violation relating to the same dog, the dog must be seized. If the owner is convicted of the crime for which the dog was seized, the court may order that the dog be destroyed in a proper and humane manner and the owner pay the maintenance costs. If the owner is not convicted and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of, used for research, or destroyed. (i) Notice, hearings. (1) Notice. After a dog has been declared dangerous or potentially dangerous or has been seized for destruction, the City shall give notice by delivering or mailing the notice to the owner of the dog, or by posting a copy of the notice at the place where the dog is kept, or by delivering it to some person of suitable age and discretion residing on the property. The officer shall provide a copy of the notice served upon the dog owner, along with an affidavit of service, to the City Clerk. (2) Content of notice. The notice described in Subsection (i)(1) of this section must include: a. A description of the dog, the authority for and purpose of the declaration or seizure; the time, place, and circumstances under which the dog was declared or seized; and the telephone number and contact person where the dog is kept; b. A statement that the owner of the dog may request a hearing concerning the declaration or seizure and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing; c. A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of Minn. Stats. § 347.52(c) regarding notification to the City upon transfer or death of the dog, and Subsection (d) of this section regarding maintaining the dog in a proper enclosure and under proper restraint until such time as the hearing officer issues an opinion; d. A statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of Minn. Stats. §§ 347.50--347.565 as amended through Laws 2008, except where the provisions of this article are more stringent in which case the owner shall comply with this article; e. A form to request a hearing; and f. A statement that if the dog has been seized, all maintenance costs of the care, keeping, and disposition of the dog pending the outcome of the hearing are the responsibility of the owner, unless a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. (3) Hearing. a. After a dog has been declared dangerous, potentially dangerous or has been seized for destruction, the owner may appeal in writing to the City within 14 days after notice of the declaration or seizure. Failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing. The owner must pay a fee for an appeal hearing as established by the City Council and adopted by ordinance. b. The appeal hearing will be held within 14 days of the request. The hearing officer must be an impartial employee of the City or an impartial person retained by the City to conduct the hearing. The appeal hearing shall be in an informal manner, and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. c. If the declaration or destruction is upheld by the hearing officer, actual expenses of the hearing, as well as all maintenance costs, will be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within 10 days after the hearing. The decision shall be delivered to PROOFSPage 62 of 423 the dog's owner by hand delivery or registered mail as soon as practical and a copy shall be provided to the City. The decision of the hearing officer is final. d. An owner's right to appeal or otherwise contest a potentially dangerous or dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal, as required herein, or fails to appear at the scheduled appeal hearing date. (j) Destruction of certain dogs. The Police Chief and/or hearing officer are authorized to order the destruction or other disposition of any dog, after proper notice is given as required in this article and upon finding that: (1) The dog has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; (2) The dog has been declared dangerous, the owner's right to appeal hereunder has been exhausted or expired, and the owner has failed to comply with the provisions of this section; (3) It is determined that the dog is infected with rabies; (4) The dog inflicted substantial or great bodily harm on a human on public or private property without provocation; (5) The dog inflicted multiple bites on a human on public or private property without provocation; (6) The dog bit multiple human victims on public or private property in the same attack without provocation; (7) The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; or (8) The dog poses a danger to the public's health, safety or welfare. (k) Factors in determining danger to public. In determining whether the dog poses a danger to the public's health, safety or welfare, the following factors may be considered: (1) The dog weighs more than 20 pounds; (2) The strength of the dog; (3) The dog's tolerance for pain; (4) The dog's tendency to refuse to terminate an attack; (5) The dog's propensity to bite humans or other domestic animals; (6) The dog's potential for unpredictable behavior; (7) The dog's aggressiveness; (8) The likelihood that a bite by the dog will result in serious injury. (l) Concealing of dogs. Any person that may harbor, hide or conceal a dog that the City has the authority to seize or that has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. (m) Dog ownership prohibited. Except as provided below, a person shall not own a dog if the person has been: (1) Convicted in any jurisdiction of a third or subsequent violation of Subsection (d), (e) or (f) of this section or Minn. Stats. § 347.51, 347.515 or 347.52; (2) Convicted of second degree manslaughter due to negligent or intentional use of a dog under Minn. Stats. § 609.205(4); or (3) Convicted of gross misdemeanor harm caused by a dog under Minn. Stats. § 609.226, subd. 1. (n) Dog ownership prohibition review. Beginning three years after a conviction under this article that results in prohibiting a person from owning a dog, and annually thereafter, the person may request in writing to the Police Chief that any limitations imposed by the City be reviewed. The City may consider such facts as the seriousness of PROOFSPage 63 of 423 the violation that led to the prohibition, any criminal convictions, or other facts that the City deems appropriate. The City may rescind the prohibition entirely or rescind it with limitations. The City also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the City rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation including dog attacks or unprovoked bites by a dog owned or under his control, the City may permanently prohibit the person from owning a dog in the State. (o) Penalties. Unless stated otherwise, any person who violates a provision of this section is guilty of a misdemeanor or where provided by State law a gross misdemeanor, or, alternatively, or in addition to, may be charged an administrative penalty which has been adopted by the City Council by ordinance. (Code 1988, § 10.30(7)) Sec. 6-28. Dogs or cats disturbing the peace. It is unlawful for any person to keep or harbor a dog or cat which barks, cries, squeals, howls or meows, excessively, continuously or in an untimely manner. The phrase "barks, cries, squeals, howls or meows, excessively, continuously or in an untimely manner" includes, but is not limited to, the creation of any noise by any dog or cat which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the dog or cat is being kept, and which noise occurs repeatedly over at least a five-minute period of time, with a 30 second or less lapse of time between each animal noise during the five- minute period. (Code 1988, § 10.30(8)) Sec. 6-29. Interference with officers. It is unlawful for any person to take or attempt to take from any person authorized under the terms of this article, any dog or cat taken up in compliance with this article or in any manner to interfere with or hinder such person in the discharge of his duties under this article. (Code 1988, § 10.30(9)) Sec. 6-30. Offenses; tags. It is unlawful to counterfeit, attempt to counterfeit or alter the tags provided for in this article or to give false information concerning vaccination requirements under this article, or take from any dog or cat, a tag legally placed upon it by its owner with the intent to place it upon another dog or cat, or to place such tag upon another dog or cat. (Code 1988, § 10.30(10)) Sec. 6-31. Quarantine of dogs and cats. (a) Whenever any person owning, harboring or maintaining a dog or cat learns that such animal has bitten any human being, such person shall immediately impound said animal at such person's expense in a licensed veterinary hospital of such person's choice and shall also immediately notify the Police Department. If, however, such person submits unequivocal proof to the Police Department that said animal was effectively vaccinated in accordance with this article or approved veterinary practice at the time of said bite, the animal shall be securely quarantined at the residence of the owner or in such other manner as the Police Department, in its discretion, may direct. (b) The Police Department when informed that a dog or cat has bitten any human being shall ascertain the identity of such animal and the person owning, controlling, or harboring it and shall immediately direct such person to immediately quarantine such animal in the manner set forth in Subsection (a) of this section. In the case of stray animals, or in the case of animals whose ownership is not known, such quarantine shall be at a shelter designated by the Police Department. (c) Any dog or cat which has bitten a human being shall be securely quarantined continuously for 10 days in the manner described in Subsection (a) of this section and shall not be released from such quarantine except by written permission of the Police Department. The owner or person harboring such animal during confinement shall immediately notify the Police Department of any evidence of sickness or disease in the animal during its period of PROOFSPage 64 of 423 confinement. (d) Upon demand made by the Police Department as contemplated in Subsection (b) of this section, the owner or person harboring said dog or cat shall immediately comply with any such demand. Said animal may be reclaimed or released from quarantine to the owner or possessor of the animal if it is adjudged free of rabies by a licensed veterinarian, and upon payment of the license fee authorized by this article, and compliance with all other stated requirements. (Code 1988, § 10.30(11)) Sec. 6-32. Muzzling of dogs. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on the premises of such person unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog running at large during the time fixed in the proclamation shall be destroyed by the police either with or without notice to the owner, such notice to be at the discretion of the police. (Code 1988, § 10.30(12)) Sec. 6-33. Leashing. No person having the custody or control of any dog or animal of the dog kind shall at any time permit the same to be on or in other than land owned, leased, or occupied by the person having the custody or control of such dog or animal of the dog kind, without being effectively restrained by leash or command control as herein set forth, from going beyond such unfenced area or lot; nor shall any person having the custody or control of any dog or animal of the dog kind permit the same at any time to be on any street or public place without being effectively restrained by chain or leash not exceeding six feet in length, unless accompanied by and under the control and direction of the person having control or custody so as to be as effectively restrained by command as by a leash. (Code 1988, § 10.30(13)) Sec. 6-34. Running at large. The Police Department shall take up and impound any dog or cat or animal of the dog kind running at large in violation of this article. (Code 1988, § 10.30(14)) Sec. 6-35. Limit on number of dogs and cats. Not more than three dogs and three cats are to be maintained on any lot or in any residence except that one litter of pups or kittens in excess of the above number may be kept up to an age of 90 days. (Code 1988, § 10.30(15)) Sec. 6-36. Kennels. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Kennels: means Any place, building, tract of land, abode or vehicle, wherein or whereon three or more dogs or cats, over 90 days of age, are kept, kept for sale, or boarded. (b) License required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the City. (c) License fee. The annual fee for a kennel license shall be established by the City Council and adopted by ordinance. (d) Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals and the Animal Humane Society are exempt from the provisions of this section. (Code 1988, § 10.30(16)) PROOFSPage 65 of 423 Sec. 6-37. Humane treatment of dogs and cats. Every person shall provide any dog or cat of which such person has control, sufficient and proper food, water, shelter and veterinarian care. No person shall poison, overwork or mistreat or in any way further any act of cruelty to any dog or cat whether belonging to such person or another. No person shall abandon any dog or cat of which such person has control. (Code 1988, § 10.30(17)) Sec. 6-38. Mediation. In addition to, but not to the exclusion of, any criminal prosecution by reason of violations of this article, either party involved in an alleged violation may request a mediation meeting with all other affected parties and a representative of the Police Department. Such a request shall be addressed to, and said meeting shall be arranged by, the Police Department. (Code 1988, § 10.30(18)) Sec. 6-39. Restrictions on dogs and cats. No owner shall permit such owner's dog or cat to damage or foul any lawn, garden or other property. (Code 1988, § 10.30(19)) Sec. 6-40. Enforcement. Licensed police officers, reserve officers, and community service officers, employed by the Police Department are authorized to issue citations for the violation of this article. (Code 1988, § 10.30(20); Ord. No. 473, 2nd series, 11-25-2011) Secs. 6-41--6-68. Reserved. ARTICLE III. KEEPING AND MAINTENANCE Sec. 6-69. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animals: Includes farm animals and all other animals, and feathered birds or fowl except dogs, cats, small rodents, rabbits, ferrets, reptiles under 20 pounds, non-poisonous amphibians, non-poisonous snakes under 40 pounds, non-poisonous invertebrates, fish, and caged household birds. Farm Animals: Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. (Code 1988, § 10.32(1)) Sec. 6-70. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except: (1) Animals kept as part of a show licensed under the City Code; (2) Animals used in a parade for which a license has been issued; (3) Animals kept in a laboratory for scientific or experimental purposes; (4) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian; or (5) Chickens in accordance with the terms in Section 6-71. (Code 1988, § 10.32(2)) Sec. 6-71. Keeping of chickens. No person shall own, harbor, or keep within the City a hen chicken unless a valid license for such chicken has been obtained pursuant to the provisions stated herein. PROOFSPage 66 of 423 (1) License. a. Licenses shall be obtained annually and expire each April 1. b. License application fees are due upon submittal of the license application. The fee will shall be established by ordinance. c. The City may deny or revoke any license application or renewal if it deems the applicant: 1. Unable or unwilling to fulfill the provisions stated herein; 2. Failing to comply with the provisions of this article; 3. Submitting inaccurate or incomplete license information; 4. Failing to meet the conditions of the license; 5. Creating a nuisance; or if the public health and safety would be unreasonably endangered by the granting or renewing of such license. d. An initial inspection of the property, coop, and run is required prior to issuance of a license. A similar inspection is also required for license renewals. e. The City may inspect the licensed property at any time to ensure compliance with the provisions of this article. (2) General. a. The keeping of roosters is prohibited. b. No more than four chickens shall be kept on any one licensed premises. c. Chickens must be confined on the licensed premises at all times, in a chicken coop or chicken run, and may not be kept in any part of the principal dwelling, garage, front yard, or side yard. d. The butchering of chickens is prohibited. e. All chicken grains and feed must be stored in a rodentproof container. f. The use of chickens for cockfighting is prohibited. (3) Coop and run. a. All chickens shall be provided access to both a coop and run. b. All fencing and electrical work associated with the chicken coop or run shall be consistent with the building and zoning codes and all appropriate permits and licenses shall be obtained therefor. c. Any chicken coop or run shall be set back at least 10 feet from the principal dwelling, 50 feet from principal dwellings on adjacent lots, and 10 feet from the property line. The coop and run shall be located closer to the principal dwelling of the licensed property than to any principal dwelling on adjacent properties. d. Any coop or run shall be set back at least 25 feet from the following features: 1. A delineated wetland edge; 2. The top of a bank of a pond, filtration basin, or infiltration basin. e. Chicken coops shall have a maximum footprint area of 10 square feet per chicken and a minimum footprint area of five square feet per chicken. f. Chicken runs shall have a maximum footprint area of 20 square feet per chicken and a minimum footprint area of 10 square feet per chicken. g. The coop shall be elevated a minimum of 12 inches above ground and may not exceed a height of six feet as measured from the ground. h. No coop or run shall be located in any form of easement or right-of-way. Page 67 of 423 i. The coop and run shall be completely enclosed and rodentproof. j. The coop shall provide adequate protection from the elements and be winterized. k. Once the owner is finished raising chickens,the coop and run must be removed from the property. (4) Private restrictions and covenants on property. Notwithstanding the issuance of a license by the City, private restrictions or covenants on the use of property shall remain enforceable. Private restrictions include, but are not limited to, deed restrictions, condominium master deed restrictions, neighborhood association bylaws, and covenant declarations. A license issued to a person whose premises are subject to private restrictions and/or covenants that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved. (Code 1988,§ 10.32(3);Ord.No.99,2nd series,6-28-2013) Sec.6-72.Animals in transit. It is unlawful for any person to transport animals unless they are: (1) Confined within a vehicle,cage or other means of conveyance; or (2) Restrained by means of bridles,halters,ropes or other means of individual restraint. (Code 1988,§ 10.32(4)) Sec.6-73.Treatment. It is unlawful for any person to treat any animal as herein d e ,or any o er animal,in a cruel or inhumane manner. (Code 1988,§ 10.32(5)) Sec.6-74.Housing. It is unlawful for any person to keep any ani 1 as he ed,or any other animal,in any structure infested by rodents,vermin,flies or insects,or inadequat for protection against the elements. (Code 1988,§ 10.32(6)) Sec.6-75.Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass,turf,boulevard, City park,cemetery,garden or lot without specific permission therefor from the owner. (Code 1988, § 10.32(7)) Sec.6-76.Trapping. It is unlawful for any person to, by means of any device or contrivance, catch, trap, snare, or restrain any animal. P , s. o✓►SionS ap �S 54t4t6h 5l00 y�o�.aproJ (Code 1988,§ 10.32(8)) uep Ptt o n i Zjhe P,, C� ,e C�Dun � T�7+P �okpJC)yeeS or��.eK�-So � 444np , . Sec.6-77.Enforcement. 44'x' d�d b I -or Aeol�r�-1 Sod�'h M,en ,,,�►d�h eSS�s r p�uW p os�c ah Licensed peace officers,reserve officers,and community service offl9e14,employ y the olice Department N u l,SOhW- are authorized to issue administrative citations in accordance with Section 4.6-0 Sub- ivissi.., 3(b` of the City Code 11-99 for violation of this article. Administrative citations for violations of this article shall be processed,heard and considered in all respects as that provided in Section 11-99. (Code 1988,§ 10.32(9);Ord.No.499,2nd series,6-28-2013) PROOFSPage 68 of 423 Chapter 7 RESERVED PROOFSPage 69 of 423 Chapter 8 EMERGENCY SERVICES* *State law reference—Emergency management, Minn. Stats. ch. 12; local emergencies, Minn. Stats. § 12.29. ARTICLE I. IN GENERAL Sec. 8-1. Emergency management. (a) Statute adopted. The "Minnesota Civil Defense Act of 1951," Minn. Stats. ch. 12, insofar as it relates to cities, is hereby adopted by reference as part of this section, as fully as if set forth explicitly herein. (b) Establishment of an Emergency Management Agency. There is hereby created within the City government an Emergency Management Agency, which shall be under the supervision of a Director who shall to be appointed forthwith by the Mayor. The Director shall have direct responsibility for the organization, administration and operation of said Emergency Management Agency, subject to the overall direction and control of the Council. The Fire Chief shall be the Emergency Management Director. (Code 1988, § 2.17) Secs. 8-2--8-20. Reserved. ARTICLE II. ALARM SYSTEMS Sec. 8-21. Purpose and scope. (a) This article provides regulation for the use of fire, burglary, and safety alarms, establishes users' fees, and establishes a system of administration. (b) The purpose of this article is to protect the public safety services of the City from misuse of public safety alarms and to provide for the maximum possible service to public safety alarm users. (Code 1988, § 10.80(1)) Sec. 8-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm System: means and includes Any alarm installation designed to be used for the prevention or detection of burglary, robbery or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system under the terms of this article. Alarm User: means The person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure, or facility wherein an alarm system is maintained. False Alarm: means An alarm signal eliciting a response by public safety personnel when a situation requiring a response does not, in fact, exist, and which is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation or the inadvertence of the owner or lessee of an alarm system or of such owner or lessee's employees or agents. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of nature or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner. Public Safety Personnel: means Duly authorized City employees. Public Safety Communications Center: is The City facility used to receive emergency requests for service and general information from the public to be dispatched to respective public safety units. (Code 1988, § 10.80(2)) PROOFSPage 70 of 423 Sec. 8-23. User fees. (a) An public safety alarm system which reports more than three false alarms to the City during the 12- month period following the date of March 1 in any year and which has received notice of such violations will cause the alarm user to be charged a user fee as may be established and categorized by resolution of the Council. (b) Any alarm user which is required by the City to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the City Manager or his designee within 10 days of notice by the City of the false alarm charge. Following review and determination by the City Manager or his designee, such decision may be appealed to the City Manager who will have authority to make a final determination as to whether the appellant is to be charged with a false alarm. (Code 1988, § 10.80(3)) Sec. 8-24. Payment of fees. (a) Payment of user fees provided for herein shall be paid to the City Treasurer within 30 days from the date of notice by the City to the alarm user. Failure to pay the fee within 30 days' notice will cause the alarm user to be considered a delinquent and subject to a penalty of a full 10 percent of the fee. (b) All delinquent charges for user fees computed as provided in Subsection (a) of this section shall be certified by the City Clerk to the County Assessor who shall prepare an assessment roll each year. (Code 1988, § 10.80(4)) Sec. 8-25. Alarm report. When an alarm user has incurred five false alarms or more within one calendar year, the alarm user shall submit a written report to the City Manager or his designee within 10 days after being charged with the fifth false alarm, describing actions taken or to be taken to discover and eliminate the cause of the false alarm. Failure to submit the written report required by this section will be considered a violation of this article. (Code 1988, § 10.80(5)) Sec. 8-26. Administrative rules. The City Manager his designee shall promulgate such rules as may be necessary for the implementation of this article and the administration thereof. (Code 1988, § 10.80(6)) Sec. 8-27. Confidentiality. (a) All information submitted in compliance with this article shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. (b) Subject to requirements of confidentiality, the City Manager or his designee may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. (Code 1988, § 10.80(7)) Sec. 8-28. Public safety communications center. No automatic dialing devices shall directly be connected to the City's designated public safety communications center without prior approval from the City through any telephone line. Use of automatic dialing devices will be considered a violation of this section. The City Manager or his designee shall have the authority to promulgate rules and regulations for the efficient operation of the public safety communications center. (Code 1988, § 10.80(8)) Sec. 8-29. Unlawful act. It is unlawful for any person to violate the provisions of this article. (Code 1988, § 10.80(9)) PROOFSPage 71 of 423 Chapter 9 RESERVED PROOFSPage 72 of 423 Chapter 10 ENVIRONMENT AND NUISANCES* *State law reference—Environment, Minn. Stats. ch. 114C et seq.; authority to define and abate nuisances, Minn. Stats. § 412.221, subd. 23; public nuisances prohibited, Minn. Stats. § 609.74 et seq. ARTICLE I. IN GENERAL Sec. 10.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this Chapter, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 10.99) Sec. 10-1. Repeat nuisance call service fee. (a) Purpose. The purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat service response calls by the City to the same property or location for service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of the ordinance from which this section is derived to impose and collect service call fees from the owner or occupant, or both, or property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The repeat nuisance service call fee is intended to cover the costs in excess of the cost of providing normal law or code enforcement services and police protection in the City. (b) Scope and application. This section shall apply to all owners and occupants of private property which is the subject or location of repeat nuisance service calls by the City. This section shall apply to any repeat nuisance service calls made by City peace officers, part time peace officers, community service officers, animal control officers and code enforcement technicians. (c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Nuisance: Any activity, conduct, or condition occurring upon private property within the City to which the City is required to respond, consisting of the following: (1) Any activity, conduct, or condition deemed by the City as a public nuisance under any provision of the City Code; (2) Any activity, conduct, or condition in violation of any provision of Chapter 10 of the City this Code; (3) Any conduct, activity or condition constituting a violation of State laws prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; or (4) Any conduct, activity, or condition constituting disorderly conduct under Minn. Stats. ch. 609. Nuisance Call: When the City is required to respond to any nuisance. (d) Repeat nuisance service call fee. The City Manager may impose a repeat nuisance service call fee upon the owner or occupant of private property if the City responded to a nuisance call on three or more occasions within a period of 365 days in response to or for the abatement of any nuisance. The repeat nuisance service call fee under this section shall be an amount as set forth and duly adopted by City Council resolution. All repeat nuisance service call fees imposed and charged against the owner or occupant under this section shall be deemed delinquent 30 days after the City's mailing a billing statement therefore. Delinquent payments are subject to a 10 percent late penalty of the amount due. (e) Notice Imposing repeat nuisance service call fee. No The City Manager or his designee may impose a PROOFSPage 73 of 423 repeat nuisance service call fee may be imposed upon an owner or occupant of property as an administrative citation, pursuant to Sections 1-9 and 2-4. without first serving on such owner or occupant written notice of the earlier nuisance service calls prior to the latest nuisance service call upon which the fee is imposed. The written notice shall: __ State the nuisance conduct, activity or condition that is or has occurred or is maintained or permitted on the property, the dates of the nuisance conduct, activity or condition; __ State that the owner or occupant may be subject to a repeat nuisance call service fee if a third nuisance call is rendered to the property for a nuisance, in addition to the City's right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law, and __ Be served personally or by certified U.S. Mail upon the owner or occupant at the last known address. __ Right to Appeal Repeat Nuisance Service Call Fee. Upon the imposition of a repeat nuisance service call fee, the City shall inform the owner or occupant of his right to a hearing on the alleged repeat nuisance service calls. The owner or occupant upon whom the fee is imposed may request a hearing by serving upon the City Clerk within five business days of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request for hearing. The hearing shall be heard by the City Council within 30 days of the date of the owner or occupant's request for hearing. The hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. After considering all evidence submitted, the City Council shall make written findings of fact and conclusions on the issue of whether the City responded to or rendered services for repeat nuisance service calls of the same or similar kind on three or more occasions within a 365 day period. The findings and conclusions shall be served upon the owner or occupant by U.S. Mail within 20 days of the hearing. An owner or occupant's right to a hearing shall be deemed waived if the owner or occupant fails to serve a written request for hearing as required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to hearing, or upon the City Council's written findings of fact and conclusions that the repeat nuisance call service fee is warranted hereunder, the owner or occupant shall immediately pay the fee imposed. (f) Legal remedies nonexclusive. Nothing in this section shall be construed to limit the City's other available legal remedies for any violation of the law which may constitute a nuisance service call hereunder, including criminal, civil, injunctive or others. (Code 1988, § 10.85; Ord. No. 290, 2nd series, 12-12-2003; Ord. No. 417, 2nd series, 5-15-2009) Sec. 10-2. Application of fertilizers and pesticides. (a) Purpose. The City and the Bassett Creek Water Management Commission have conducted studies and have reviewed existing data to determine the current and projected water quality of various lakes within the community. The data indicates that lake water quality may be maintained or improved if the City regulates the amount of lawn fertilizer and other chemicals entering the lakes and streams as a result of stormwater runoff or other causes. The purpose of this section is to set forth regulations which will restrict the amount of fertilizers containing phosphorous which may be applied to lawns in the City. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Administrator: The individual responsible for overseeing the requirements of the City Code. For purposes of this section, the administrator shall be the City Manager or his designee. Fertilizer: means A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. The term "fertilizer" does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the State Commissioner of Agriculture. PROOFSPage 74 of 423 Pesticide: means A substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. (c) General regulations. (1) Time of application. Neither commercial applicators nor noncommercial applicators may apply lawn fertilizer when the ground is frozen or when conditions exist which will promote or create runoffs. (2) Impervious surfaces and drainageways. No person shall apply fertilizer to impervious surfaces, drainage ditches, or waterways. (3) Buffer zone. Fertilizers and pesticides shall not be applied below the ordinary high water level of water bodies as established by the State Department of Natural Resources, or within 15 feet of any wetland or water resource. (d) Penalty. Any person violating this section shall be guilty of a petty misdemeanor. (Code 1988, § 10.52; Ord. No. 222. 2nd series, 03-30-2000; Ord. No. 407, 2nd series, 8-29-2008) Sec. 10-3. Regulating the use of coal tar-based sealer products. (a) Purpose. (1) The City understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. (2) The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. (3) The purpose of this section is to regulate the use of sealer products within the City, in order to protect, restore, and preserve the quality of its waters. (b) Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Asphalt-Based Sealer: A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. Coal Tar: A byproduct of the process used to refine coal. Undiluted Coal Tar-Based Sealer: A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. MPCA: The Minnesota Pollution Control Agency. PAHs: Polycyclic aromatic hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances, present in coal tar and believed harmful to humans, fish, and other aquatic life. (c) Prohibitions. (1) No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. (2) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. (3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. (d) Exemption. Upon the express written approval from both the City and the MPCA, a person conducting PROOFSPage 75 of 423 bona fide research on the effects of undiluted coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Subsection (c) of this section. (e) Asphalt-based seal coat products. The provisions of this section shall only apply to the use of undiluted coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. (Code 1988, § 10.54; Ord. No. 441, 2nd series, 7-16-2010) Sec. 10-4. Outdoor boilers. (a) Purpose. This section is intended to promote the health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the City due to the air pollution and fire hazards of outdoor burning in outdoor boilers. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Outdoor Boiler: means A fuel burning device that is designed to burn wood or other fuel that is installed outdoors or in structures not normally intended for habitation by humans or domesticated animals which heats building space or water via the distribution, typically through pipes, of a fluid heated in the device. (c) Prohibited acts. No person may install, use or maintain an outdoor boiler, nor allow anyone else to install, use or maintain an outdoor boiler. (Code 1988, § 10.68) Secs. 10-5--10-26. Reserved. ARTICLE II. HAZARDOUS CONDITIONS* *State law reference—Authority to define and abate nuisances, Minn. Stats. § 412.221, subd. 23; public nuisances prohibited, Minn. Stats. § 609.74 et seq. Sec. 10-27. Preamble. (a) Private property. The Council finds that accumulation on any private property within the City limits of unlicensed, unregistered or inoperable motor vehicles, household furniture, furnishings or appliances, or parts or components thereof, or metal, wood, glass, paper, rubber, concrete, or other material, whether organic or inorganic, can facilitate the growth or spread of noxious weeds, the nesting and breeding of rodents, insects, and harmful bacteria, and be a threat of fire. The Council also finds that unless such accumulation is safely stored or housed within a lawfully erected building, or in a permitted container on the premises, under provisions of the City Code, is a source of filth, cause of sickness, and an immediate danger to the health, safety and welfare of persons and property in the City. The Council also finds that unless such accumulation is stored, housed within a lawfully erected building, or in a container permitted, and the contents disposed of, under provisions of the City Code, it is a source of filth, cause of sickness, and an immediate danger to the health, safety and welfare of persons and property in the City. The Council finds that if such unauthorized, unwholesome and dangerous accumulation is permitted to continue to pose such a threat it is a hazardous condition and a nuisance, and must be abated., and that The ordinance from which this section is derived is adopted to protect the residents of the City and their property and, in addition, to protect the rights of persons who may be found in violation of its provisions. The term "accumulation," as used in this subsection, means prohibited items in any number or amount. (b) Business premises. The Council finds that accumulation upon any premises within the City limits to which the public has access or may be exposed of food particles or other material causing discomfort to patrons, or disrepair of seating, floor covering, plumbing, heating, or electrical facilities, or failure to maintain a reasonable standard of cleanliness and absence of noxious odors, can facilitate the nesting and breeding of rodents, insects, and harmful bacteria and is a source of filth, cause of sickness, and an immediate danger to the health, safety and welfare of persons and property in the City. The Council finds that if such unauthorized, unwholesome and dangerous accumulation is permitted to continue to pose such a threat it is a hazardous condition and a nuisance must be abated., and that The ordinance from which this section is derived is adopted to protect the residents of the City and, their property and, in addition, to protect the rights of persons who may be harmed in as a result of the violation of its provisions. The term "accumulation," as used in this subsection, means prohibited items or conditions in any PROOFSPage 76 of 423 number or amount. (Code 1988, § 10.01(1)) Sec. 10-28. Unlawful acts. (a) It is unlawful to park or store any unlicensed, unregistered or inoperable motor vehicle, household furniture, furnishings or appliances, or parts or components thereof, or scrap metal, wood, glass, paper, rubber, concrete, or other material, whether organic or inorganic, on private property, unless such accumulation is stored within a lawfully operated salvage yard junk yard, housed within a lawfully erected building, or in a container permitted, and the contents disposed of as required, under other provisions of the City Code. (b) It is unlawful to permit, on premises to which the public has access or may be exposed, any accumulation of food particles or other material causing discomfort to patrons, or disrepair of seating, floor covering, plumbing, heating or electrical facilities, or failure to maintain a reasonable standard of cleanliness and absence of noxious odors. (Code 1988, § 10.01(2)) Sec. 10-29. Investigation and order to abate. Upon receipt of any complaint of violation of Section 10-28, or on their own initiative, the Council City Manager or his designee shall investigate the premises, and if it is found that there is a hazardous condition and a nuisance on any premises in violation of this article, the same shall be reported to the City Manager who shall prepare a Notice of Hearing on orders to abate nuisance will be written with copies addressed to owners, tenants, mortgagees and other lien holders, all of whose interests are known to the City or appear of record ("parties in interest"), and bearing the legal description of the premises on which the alleged violation appears. The Notice shall state the date, time and place of hearing and describe the violation in general terms. (Code 1988, § 10.01(3)) Sec. 10-30. Service of notice. The notice order to abate nuisance shall be served at least 20 days before the date of hearing in the following manner: (1) If the party in interest person to whom it is addressed resides in the city, or can readily be found therein, it shall be served personally on the party in interest addressee or left at the addressee's party in interest's residence or, in the case of a commercial property, at the subject property with a person of suitable age and discretion; (2) Addressees Parties in interest not served personally shall be served by certified mail at their last known address, as such address appears in any official City, State or County record. (selected by the City Manager) of Hennepin County; and (3) By publication of the Notice once in the official newspaper at least 10 days prior to the date of hearing. __ Inadvertent failure to serve any addressee personally or by certified mail shall not invalidate the proceedings, but publication shall then suffice. (Code 1988, § 10.01(4)) Sec. 0. Hearing, findings and decision. __ The hearing shall be held before the Council at a regular or special meeting and conducted in the same manner as an administrative appeal. All persons desiring to be heard shall be afforded an opportunity to present evidence. __ At any time after the hearing is closed, but at least at its next regular meeting, the Council shall decide whether or not the item or items constitute a nuisance in violation of this section and direct the drawing and serving of Findings of Fact and Decision by certified mail on all addresses. If the Council finds that there is a violation, the decision shall include an Order to Abate Nuisance and specify the date by which abatement shall be completed. __ Estimated value, if any, of all offensive items described in Subdivision 2, Subparagraph A, shall be PROOFSPage 77 of 423 included in the evidence and in the Findings. "Value" for the purpose of this section means the amount of money, in cash, which can be obtained in a negotiated sale on a known and ready market in the City. (Code 1988, § 10.01(5)) Sec. 10-31. City to abate. If abatement of the items described in Section 10-28(a) is not completed by the date stated in the order to abate nuisance, the City may enter upon the premises, remove the offending items, and clean up the nuisance. (Code 1988, § 10.01(6)) Sec. 10-32. City disposal. If the City abates the nuisance, it shall dispose of the items as follows: (1) Any items of value shall be sold locally in a negotiated sale. (2) Items of no value shall be disposed of in a landfill or other site acceptable to governmental regulatory authority. (Code 1988, § 10.01(7)) Sec. 10-33. Allocation of proceeds and assessment. If the City abates the nuisance, all costs thereof, including, but not limited to, cost of sale, if any, shall be aggregated, sale proceeds deducted, and the remainder certified as a special assessment. (Code 1988, § 10.01(8)) Sec. 10-34. Failure to abate nuisance on business premises. If the hazardous condition and nuisance described in Section 10-28(b) is not abated within the time allowed limited, all present licenses issued by the City to carry on the business on such premises shall be revoked, and no future license shall be issued therefore until full abatement has been completed. (Code 1988, § 10.01(9)) Secs. 10-35--10-56. Reserved. ARTICLE III. SHADE TREE DISEASES AND PEST CONTROL Sec. 10-57. Purpose. The City Council has determined that the health of the trees within the City limits is threatened by tree diseases and pests. It has further determined that the loss of trees growing upon public and private property would impair the safety, good order, general welfare, and convenience of the public and substantially depreciate the value of property within the City. It is the intention of the City Council to control and prevent the spread of these conditions, and the ordinance from which this article is derived is enacted for that purpose, and to conform to the policies and procedures embodied in Minn. Stats. ch. 18G, as amended, and rules promulgated thereunder. (Code 1988, § 10.50(1); Ord. No. 362, 2nd series, 1-12-2007) Sec. 10-58. Tree inspection program. The City Manager shall designate a Tree Inspector, certified by the State Commissioner of Agriculture, who shall administer the Shade Tree Pest Control Program for Dutch elm disease, oak wilt, and other pests for the City in accordance with the City ordinances and Minn. Stats. ch. 18G - Plant and Animal Pest Control, and Minnesota Rules, Chapter 1505 - Department of Agriculture Pest and Disease Control and subsequent amendments thereto. (Code 1988, § 10.50(2); Ord. No. 362, 2nd series, 1-12-2007) Sec. 10-59. Shade tree nuisances declared. The following are declared to be public nuisances whenever and wherever they may be found within the City on private and public property: (1) Any standing or living elm tree or part thereof infected to any degree with the Dutch elm disease fungus, PROOFSPage 78 of 423 Ophiostoma ulmi (Buisman) Nannf. and Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles, Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichoff). And also, Any dead or dying elm tree, arising from any cause, or part thereof with bark intact including logs, branches, stumps, or firewood which has not been disposed of properly. (2) Any living or standing tree or part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus, Ceratocystis fagacearum (Bretz) Hunt. (3) Also, Any living or standing tree in the white oak group (white oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected or grafted root systems. (4) Any tree or shrub that in the opinion of the Tree Inspector has become or threatens to become a hazard so as to adversely affect the public health, safety or welfare, whether such tree or shrub shall be on public or private property. (5) Any trees or shrubs with epidemic diseases, insect or other pests that threatens the health of shade trees, including, but not limited to, the emerald ash borer, gypsy moth and Asian long-horned beetle. (Code 1988, § 10.50(3); Ord. No. 362, 2nd series, 1-12-2007) Sec. 10-60. Abatement. It is unlawful for any person to permit a public nuisance as defined in Section 10-59 to remain on any premises owned or controlled by that person within the City. Such nuisances may be abated in the manner prescribed by this article. (Code 1988, § 10.50(4); Ord. No. 362, 2nd series, 1-12-2007) Sec. 10-61. Inspection and investigation. (a) Annual inspection. The certified Tree Inspector so designated by the City Manager shall inspect all premises and places within the City as many times as practical or necessary to determine whether any conditions described in Section 10-59 exist. The Tree Inspector shall investigate all reported incidents of infection or infestation by Dutch elm disease or elm bark beetles, oak wilt disease, other shade tree disease or pest problem, and hazardous trees and shrubs. (b) Entry upon private premises. The tree inspector may enter and inspect any private or public property at any reasonable time for the purpose of carrying out the assigned duties specified under this article. Such inspections will shall be preceded by a legal notice published once annually in the City's local (legal) newspaper informing all property owners within the City to destroy and dispose of tree materials declared a nuisance by Section 10-59. (c) Diagnosis. The Tree Inspector shall, upon finding indications of Dutch elm disease or oak wilt, take such appropriate steps for diagnosis, including analysis of twig samples from actively wilting branches by the State Department of Agriculture Shade Tree Laboratory, or other diagnostic laboratories capable of performing such services approved by the State Commissioner of Agriculture. Whenever possible, diagnosis will be based upon accepted field (on-site) symptoms. (d) Hazard tree evaluation. The tree inspector shall assess potential hazardous trees according to the following guidelines as established by the State Department of Natural Resources: (1) Dead trees and branches; (2) Cracks; (3) Weak branch unions; (4) Decay; (5) Poor tree architecture; (6) Root problems; and (7) Cankers. PROOFSPage 79 of 423 A hazard tree has a mechanical defect that is likely to cause a tree or a part thereof, to fail and said failure has the potential to adversely affect a target. A target includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial in habitat protection. (Code 1988, § 10.50(5); Ord. No. 362, 2nd series, 1-12-2007) Sec. 10-62. Interference prohibited. It is unlawful for any person to prevent, delay or interfere with the City Tree Inspector or his agent while they are engaged in the performance of duties imposed by this article. (Code 1988, § 10.50(6); Ord. No. 362, 2nd series, 1-12-2007) Sec. 10-63. Procedure for abatement and removal. (a) Abatement of shade tree disease nuisances. In abating the nuisances defined in this article, the City Tree Inspector shall cause the infected tree, shrub or wood to be removed, burned, debarked, and trenched (buried) or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of disease or pest. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and procedures as may be established by the Commissioner of Agriculture. (b) Procedure for removal of infected (or infested) trees and wood. Findings: Whenever the Tree Inspector finds with reasonable certainty that the infection or infestation defined in this article exists in any tree, shrub or wood in any public or private place in the City, the Inspector shall proceed as follows: If the Tree Inspector finds that danger of infestation of other trees is imminent, or a potentially hazardous condition is identified, the property owner shall be notified by mail that the nuisance shall be abated 20 days after notification. After the expiration of the time limited by the notice, the City may abate the nuisance, the costs of which will be assessed against the benefiting property. (c) Assessment. The City may assess the charges or any portion thereof against the property involved as a special assessment under pertinent State statutes for certification to the County Auditor and collection the following year along with current taxes. (Code 1988, § 10.50(7); Ord. No. 362, 2nd series, 1-12-2007) Sec. 10-64. Transporting infected or infested elm and oak wood prohibited. Whenever the City Tree Inspector finds with reasonable certainty that elm and oak wood being transported in the City is infested and/or infected, and constitutes a hazard to the public, the Tree Inspector shall have the authority to prohibit such transporting. (Code 1988, § 10.50(8); Ord. No. 362, 2nd series, 1-12-2007) Secs. 10-65--10-86. Reserved. ARTICLE IV. LAWN MAINTENANCE Sec. 10-87. Purpose. The purpose of this article is to establish minimum standards for lawn maintenance while recognizing that a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the dominant feature in the landscape; however, alternatives to this traditional type of lawn are recognized as important parts of a diverse and successful landscape. (Code 1988, § 10.51(1)) Sec. 10-88. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Maintenance Plan: A document submitted with an application for a native vegetation permit demonstrating a precise course of maintenance for numerous individual plants in a landscape over months and seasons. PROOFSPage 80 of 423 Native Vegetation: Those indigenous trees, shrubs, wildflowers, grasses and other plants that have naturally adapted themselves to the climate and soils of the area but require cultivation and maintenance to remain viable. Native Vegetation Permit: A permit issued by the City pursuant to this article allowing an owner or occupant to cultivate native vegetation upon his property, subject to the restrictions of this article. A native vegetation permit exempts an owner or occupant from Section 10-89(c). Natural Habitat: Specially uncultivated valued and sensitive habitat whereupon native vegetation exists in a pristine state and provides habitat for a variety of species native to the area. Such vegetation shall maintain itself in a stable condition with minimal human intervention. Noxious Weeds: An annual, biennial, or perennial plant designated by the State Commissioner of Agriculture or the Council as injurious to public health, the environment, public roads, crops, livestock, or other property. Rank Vegetation: Uncultivated vegetation growing at a rapid rate due to unplanned, unintentional, or accidental circumstances. Turf Grass: Cultivated vegetation consisting of a highly maintained surface of dense grass underlain by a thick root system. Weeds: Unsuitable, unwanted, or uncultivated vegetation, often causing injury to the desired vegetation type. (Code 1988, § 10.51(2)) Sec. 10-89. General requirements. (a) All lot areas not designated for buildings, pedestrian or vehicle, parking, recreation, and storage shall be covered provided with turf grass, native vegetation, or combined ground cover of cultivated vegetation, garden, hedges, trees, and shrubbery. (b) No owner or occupant of any lot shall allow to grow any noxious weeds on any part or portion of said lot as designated by Minn. Stats. § Sec. 18.78. (c) No owner or occupant shall allow any turf grass, weeds, native vegetation or rank vegetation to grow to a height greater than eight inches on a majority of any lot or parcel of land. (Code 1988, § 10.51(3)) Sec. 10-90. Exemptions. (a) Vacant land. The owner of vacant and unoccupied land consisting of a contiguous tract of one acre or more is exempt from Section 10-89(c), provided that weeds, turf grass, native vegetation, and rank vegetation thereon are cut twice annually. The first cutting shall not be later than June 1, and the second cutting shall be made between July 15 and September 15. (b) Natural habitat. (1) All private lands designated by the Council as natural habitat shall be exempt from Section 10-89(c). (2) All public lands designated in the City's Comprehensive Plan as natural habitat shall be exempt from Section 10-89(c). (c) Native vegetation. (1) Native vegetation permit. Upon satisfaction and completion of all the requirements of this article, the City Manager or designee shall approve all applications for a native vegetation permit and issue such permit. A native vegetation permit shall grant any property owner or occupant so interested the ability to cultivate native vegetation on his property and exempt the owner and occupant from the requirements of Section 10-89(c). A native vegetation permit shall be valid for five years from the date of approval. The City Manager or his designee shall not approve a native vegetation permit for any owner or occupant having unresolved City Code violations or administrative citations. (2) Application. The application for a native vegetation permit and renewal application, which shall be provided by the City Manager or his designee, shall contain the following: a. Statement of intent and purpose in cultivating native vegetation; PROOFSPage 81 of 423 b. Site plan showing lot lines, buildings, location of proposed native vegetation, the property's legal description, corner visibility requirements as defined by Section 24-24, and right-of-way requirements as defined by Section 24-25; c. Latin and common names of the species the property owner or occupant plans to cultivate; d. Maintenance requirements for said species; e. Name and address of a professional landscaping company which has been hired to perform maintenance on the native vegetation; or the name, address, and qualifications of the person who will be responsible for maintenance of the native vegetation; f. A maintenance plan, which shall contain the following: 1. A planting diagram showing the location and mature height of all specimens of native vegetation; 2. Detailed information on the upkeep of each specimen; and 3. Details of any long-term maintenance required for the native vegetation. (3) Revocation. The City Manager or designee may regularly inspect any property holding a native vegetation permit for compliance with the maintenance plan on file with the City for the property. For any property out of compliance with the maintenance plan, the City Manager or designee shall give notice to the holder of the native vegetation permit by U.S. mail stating that the property must be in compliance with the maintenance plan within 30 days. Should that period pass without action by the holder of the native vegetation permit, the City Manager or his designee shall: a. Revoke the native vegetation permit; b. Remove all improperly maintained native vegetation; c. Declare the property ineligible for a native vegetation permit, unless sold, for a period of two years; and d. Assess the property for all fees associated with inspection of the property and any removal of improperly maintained native vegetation in accordance with Section 10-91. (Code 1988, § 10.51(4)) Sec. 10-91. Violations. (a) On or before May 1 of each year, the Clerk shall publish once in the official newspaper a notice directing owners and occupants of property within the City to remove all turf grass, weeds, noxious weeds, rank vegetation, and native vegetation not covered by a native vegetation permit exceeding eight inches in height. Said notice shall state that if such vegetation is not removed within 10 days after publication of said notice, it may be removed by the Weed Inspector or his designee at the expense of the property owner which may be assessed against the property in accordance with Minn. Stats. § 429.101. (b) The Weed Inspector or his designee shall, seven days prior to removing any turf grass, weeds, noxious weeds, rank vegetation, or and native vegetation not covered by a native vegetation permit, send by U.S. mail a letter notifying the property owner of the upcoming removal and stating that unless such is removed in accordance with this article, such shall be removed and the costs of removal shall be assessed against the property in accordance with Minn. Stats. § 429.101. Notwithstanding the foregoing, any failure of the Weed Inspector or his designee to send such a letter or for such a letter to be received by the property owner shall not make notice ineffective. For properties for which there have been two or more notices issued within the prior 12-month period, a mailed notice is not required. For those properties, the second notice issued within a 12-month period shall contain a general notice that the City may abate future violations without providing additional specific notice of violation. (c) Property owners shall be notified by U.S. mail immediately thereafter of any work performed and all administrative and removal work costs involved and that such will be assessed against the property. The Weed Inspector or his designee shall keep a record of all properties whereupon removal was necessary and the number of times it was necessary, and, by October 1 of each year, he shall give copies of such records to the Clerk to file as PROOFSPage 82 of 423 special assessments against each said property which shall become liens on such lots or lands. This shall be an additional remedy and not in lieu of any other penalty provided for in the City Code or State law. (Code 1988, § 10.51(5); Ord. No. 324, 2nd series, 3-25-2005; Ord. No. 407, 2nd series, 8-29-2008) Secs. 10-92--10-110. Reserved. ARTICLE V. GRAFFITI Sec. 10-111. Purpose. (a) The City Council finds that it is necessary to adopt regulations to prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. (b) The Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. (Code 1988, § 10.53(1)) Sec. 10-112. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrative Citation: An official notification of a violation of any provision of this article. Such citations require correction of the violation and may impose fines upon the responsible party. Aerosol Paint Container: Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property. Broad-Tipped Marker: Any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigmented liquid that is not water soluble. Etching Equipment: Any tool, device, or substance that can be used to make permanent marks on any natural or manmade surface. Graffiti: Any unauthorized inscription, word, figure, painting, symbol, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement. Graffiti Implement: An aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface. Paint Stick or Graffiti Stick: Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-fourth of an inch in width. (Code 1988, § 10.53(2)) Sec. 10-113. Prohibited acts. (a) Defacement. It is unlawful for any person to apply graffiti to any natural or manmade surface on any publicly or privately owned property without the owner's permission. (b) Possession of graffiti implements. Unless otherwise authorized by the owner or occupant, it is unlawful for any person to possess any graffiti implement while: (1) Within 200 feet of any graffiti located in or on a public facility, park, playground, swimming pool, recreational facility, bridge, or other public building or structure owned or operated by a governmental agency; or (2) Within 200 feet of any graffiti located in any public place or on private property, between the hours of 10:00 p.m. and 5:00 a.m. PROOFSPage 83 of 423 (Code 1988, § 10.53(3)) Sec. 10-114. Graffiti as nuisance. (a) Declaration. The existence of graffiti on public or private property in violation of this article is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this article. (b) Duty of property owner. It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti. (c) Repeat violations. If a property is subject to three or more occurrences of graffiti within a year, application of anti-graffiti material of a type and nature that is acceptable to the City may be required for each of the publicly viewable surfaces after notification by the City, or imposed during improvements or construction activities to the site as determined by the City. (Code 1988, § 10.53(4)) Sec. 10-115. Removal of graffiti. (a) By perpetrator. The City may require any person applying graffiti on public or private property to pay for all costs for removal of the graffiti within 24 hours after notice by the City or property owner. The removal must be performed in a manner prescribed by the City, with materials and colors compatible with existing surfaces, and to a comparable or improved condition before the Graffiti application as determined by the City. Where graffiti is applied by a person under 18 years of age, the parents or legal guardian will also be responsible for such payment for the costs of removal. Failure of any person to remove graffiti or pay for the removal will constitute an additional violation of this article. (b) By property owner or City. In lieu of the procedure set forth in Subsection (a) of this section, the City may order that the graffiti be removed by the property owner or any person who may be in possession or who has the right to possess such property, pursuant to the nuisance abatement procedure in Section 10-116. Graffiti removal and corrections must be performed within 10 days of being notified by the City. The abatement shall be with materials and colors compatible with existing surfaces and to a comparable or improved condition before the graffiti application as determined by the City. If the property owner or responsible party fails to remove offending graffiti within the time specified by the City, the City may commence abatement and cost recovery proceedings for the graffiti removal in accordance with this article. (Code 1988, § 10.53(5)) Sec. 10-116. Abatement procedure. (a) Abatement by City. If the owner, occupant, or other responsible party does not comply with the notice within the time specified, the City may abate the public nuisance. (b) Notice and hearing. The following notification must be conducted prior to City abatement of the public nuisance. Whenever it is determined that a public nuisance is being maintained or exists on a property, the City Manager's designee must give 10 days' written notice through service by mail, by posting a notice on the property, or by personal delivery to the owner of or person in control of the property on which the public nuisance is located. When the property is occupied, service upon the occupant is deemed service upon the owner. Where the property is unoccupied or abandoned, service may be by mail to the last known owner of record of the property or by posting on the property. The notice must state: (1) A description of the public nuisance; (2) That the public nuisance must be corrected within 10 days of the service of the notice; (3) That if the public nuisance is not properly removed or corrected as ordered, the public nuisance will be abated by the City and the costs of abatement will be specially assessed to the property taxes; (4) That the owner of or person in control of the property on which the public nuisance is located may in writing request a hearing before the City Council. PROOFSPage 84 of 423 (c) Hearing, action. If a hearing is requested during the 10-day period, the City Manager or his designee must promptly schedule the hearing, and no further action on the abatement of the public nuisance may be taken until the City Council's decision is rendered. At the conclusion of the scheduled hearing, the City Council may cancel the notice to remove or correct the public nuisance, modify the notice, or affirm the notice to remove or correct the public nuisance. If the notice is modified or affirmed, the public nuisance must be disposed of in accordance with the City's written order. (d) Summary abatement. The enforcing officer may provide for abating a public nuisance without following the procedure required in Subsection (b) of this section when: (1) There is an immediate threat to the public health or safety; (2) There is an immediate threat of serious property damage; (3) A public nuisance has been caused by private parties on public property; or (4) Any other condition exists that violates State or local law and that is a public health or safety hazard. A reasonable attempt must be made to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and cost recovery at the next regularly scheduled City Council meeting. (Code 1988, § 10.53(6)) Sec. 10-117. Administrative citations and cost recovery. The owner of property on which a nuisance has been abated by the City, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the City for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and payable to the City. (Code 1988, § 10.53(7); Ord. No. 565, 2nd series, 7-31-2015) Sec. 10-118. Penalties. (a) Any violation of this article is a misdemeanor, punishable in accordance with State law. (b) This article is not intended to prohibit a private property owner from seeking additional penalties or remedies. (Code 1988, § 10.53(8); Ord. No. 364, 2nd series, 1-12-2007) PROOFSPage 85 of 423 Chapter 11 RESERVED PROOFSPage 86 of 423 Chapter 12 FIRE PREVENTION AND PROTECTION* *State law reference—General authority relative to fire prevention, Minn. Stats. § 412.221, subd. 17; state fire marshal and fire safety standards, Minn. Stats. ch. 299F; municipal fire prevention, Minn. Stats. ch. 438. ARTICLE I. IN GENERAL Sec. 12-1. Adoption of Minnesota Uniform State Fire Code. (a) Code adopted. The current edition of the Minnesota Uniform State Fire Code including Appendix Chapters B, C, D, H, I, K, and L, in conjunction with the State Building Code, is hereby adopted as though set forth verbatim herein. (b) Code on file. One copy of said code shall be marked CITY OF GOLDEN VALLEY - OFFICIAL COPY and kept on file in the office of the City Clerk and open to inspection and use by the public. (Code 1988, § 10.22; Ord. No. 380, 2nd series, 8-17-2007) Secs. 12-2--12-20. Reserved. ARTICLE II. OPEN BURNING AND RECREATIONAL FIRES Sec. 12-21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Open Burning: The burning of materials wherein products of combustion are emitted directly into the ambient are without passing through a stack or chimney from an enclosed chambers. The term "open burning" does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. Outdoor Fireplace: A fireplace built outdoors as defined by the Minnesota State Building Code; requires a building permit prior to installation, but does not require a recreational fire permit. Portable Outdoor Fireplace: A commercially purchased portable, outdoor, wood burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening at the top. This includes chimineas, portable fire pits and bowls. Recreational Fire: An outdoor fire, burning materials other than rubbish or debris, where the fuel being burned has a total fuel area of three feet or less in diameter and three feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. This includes portable outdoor fireplaces, in-ground and above-ground pits and fire rings. Recreational Fire Permit: A permit, issued by the City Manager or designee, for the purpose of starting a recreational fire. Responsible Person: A person over the age of 18 who is knowledgeable in use of fire extinguishing equipment. Structure: is That which is built or constructed, an edifice or building of any kind. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic logs designed for burning, charcoal, cordwood, or untreated dimensional lumber. The term "wood" does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue, or preservatives. (Code 1988, § 10.23(1)) PROOFSPage 87 of 423 Sec. 12-22. Negligent fires. To conduct fires under this article does not excuse a person from the consequences, damages, or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the City, State Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. (Code 1988, § 10.23(2)) Sec. 12-23. Open burning. No open burning shall be permitted within the municipal boundary of the City, except as specially provided in this section. (1) Open burning is not allowed for the purpose of thawing frozen ground or for maintaining interior structure temperature in connection with construction projects. (2) All open burning shall have a permit issued by the City prior to igniting any fires. __ No Open Burning shall be permitted within the municipal boundary of the City, except as specifically provided in this section. (3) Open burning shall be limited to the following, any fires under managed supervision for which a burning permit has been obtained from any State or Federal agency: a. Any fires under managed supervision for which a burning permit has been obtained from any State or Federal agency; b. Fires purposely set for the instruction and training of public and industrial firefighting personnel; c. Fires set for the elimination of a structure/fire hazard which cannot be abated by any other practicable means; d. Fires purposely set for forest, game, or grassland management purposes; and e. Recreational fires in accordance with Section 12-24. (4) The permit holder shall notify the City Manager or his designee prior to any open burning. (5) At the discretion of the City Manager or his designee, any open burning fire not adhering to the regulations of this section, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person who fails to comply with these conditions shall be in violation of this article. (Code 1988, § 10.23(3)) Sec. 12-24. Recreational fires. A recreational fire permit, provided by the City Manager or his designee, shall be required prior to starting any recreational fire. Recreational fire permits shall be valid for a period of one calendar year and shall expire yearly on December 31. Such fires shall adhere to the following regulations at all times: (1) Recreational fires shall be constantly attended by a responsible person until extinguished. During the time a recreational fire is burning, the recreational fire permit must be available upon request by the City Manager or his designee. (2) Recreational fires shall not be used for the disposal of yard waste, construction materials, or common household trash. Fuel for recreational fires shall only be that of clean wood. (3) No recreational fire shall be allowed if wind speeds exceed 10 miles per hour. (4) Flames from a recreational fire shall not exceed three feet in height as measured from the base of the fire and three feet in diameter. (5) Recreational fires shall remain a safe distance from any structure or combustible materials and 10 feet from any property line. Portable outdoor fireplaces with wire mesh screens shall remain a safe distance from any structure or combustible material and 10 feet from any property line. PROOFSPage 88 of 423 (6) Conditions which could cause a fire to spread within a safe distance of a structure shall be eliminated before starting the fire. (7) A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, dirt, sand or garden hose readily available at all times until the fire is extinguished. (8) When prohibited by action of any State or Federal agency, recreational fires shall not be permitted. (9) Recreational fires shall not be permitted if the State Pollution Control Agency issues an air quality alert with an index rating of 101 or more, which is deemed unhealthy for sensitive groups. (10) At the discretion of the City Manager or his designee, any recreational fire not adhering to the regulations of this section or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person who fails to comply with these conditions shall be in violation of this article. (11) Recreational fire permits shall only be issued to responsible persons. (Code 1988, § 10.23(4)) Sec. 12-25. Revocation. Violation of any provisions of this article shall result in the revocation of any open burning or recreational fire permits for a period of one year. (Code 1988, § 10.23(5); Ord. No. 514, 2nd series, 1-18-2014) PROOFSPage 89 of 423 Chapter 13 RESERVED PROOFSPage 90 of 423 Chapter 14 HEALTH AND SANITATION* *State law reference—Municipal powers relative to health, Minn. Stats. § 412.221, subd. 22. ARTICLE I. IN GENERAL Secs. 14-1--14-18. Reserved. ARTICLE II. SMOKING* *State law reference—Minnesota Clean Indoor Act, Minn. Stats. § 144.411 et seq. Sec. 14-19. Findings and purpose. The inhalation of secondhand tobacco smoke has been documented as hazardous to human health by the American Medical Association, the U.S. Surgeon General, the National Institute on Occupational Safety and Health, the National Cancer Institute, the U.S. Environmental Protection Agency, the National Academy of Sciences, the National Toxicology Program, and the World Health Organization. Therefore, the purpose of this article is to: (1) Protect the public health, safety, and welfare of citizens by increasing the ability of all citizens to breathe safe and uncontaminated air; (2) Affirm that the necessity to breathe safe and uncontaminated air takes priority over the desire to smoke; and (3) Protect vulnerable populations including employees, children, the elderly, and those with chronic health conditions. (Code 1988, § 10.67(1)) Sec. 14-20. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Food Establishment: Any establishment, however designated, engaged in the preparation or serving of food for consumption either on or off the premises; or anywhere consumption of food occurs on the premises. Liquor Establishment: An establishment that has an on sale 3.2 percent malt liquor license issued pursuant to Minn. Stats. § 340A.403, as amended from time to time, or an on sale intoxicating liquor license issued pursuant to Minn. Stats. § 340A.404, as amended from time to time. Other Person in Charge: The agent of the proprietor authorized to perform administrative direction to and general supervision of the activities within a public place or place of work at any given time. Place of Work: Any location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. The term "place of work" includes any location where two or more individuals gratuitously perform service for which individuals are ordinarily paid. Examples of a place of work include, but are not limited to an office, a public conveyance, a factory, a warehouse, or a similar place of work. Proprietor: The party, regardless of whether the party is owner or lessee of the place of work or public place, who ultimately controls, governs, or directs the activities within the place or work or public place. The term "proprietor" does not mean the owner of the property unless the owner ultimately controls, governs, or directs the activities within the public place. The term "proprietor" may apply to a corporation as well as an individual. Public Place: Any enclosed, indoor area used by the general public or serving as a place of work, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, PROOFSPage 91 of 423 educational facilities other than public schools, hospitals, nursing homes, auditoriums, arenas, meeting rooms, and common areas of rental apartment buildings. Smoking: The inhaling, exhaling, or combustion of any pipe, cigarette, cigar, tobacco product, weed, plant, or any other similar article. Smoking includes possessing or carrying a lighted pipe, cigarette, cigar, or any other lighted smoking equipment. For purposes of this article, the definition of smoking includes the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device as defined in Minn. Stats. § 609.685, subd. 1. (Code 1988, § 10.67(2); Ord. No. 310, 2nd series, 3-31-2005; Ord. No. 554, 2nd series, 5-14-2005) Sec. 14-21. Smoking restrictions. (a) Locations. Smoking is prohibited in the following locations: (1) Public places and places of work, including both indoor and outdoor dining areas of liquor and food establishments; (2) Within 25 feet of entrances, exits, open windows, and ventilation intakes of public places and places of work; (3) Within 25 feet of any outdoor dining area at any liquor or food establishment; and (4) Public parks and recreation facilities. (b) Exceptions. The prohibitions of this article shall not apply to the following: (1) Private residences; (2) Privately rented sleeping rooms in hotels and motels; (3) Locations where smoking is expressly authorized by State or Federal law or rule; (4) Motor vehicles; and (5) The use of tobacco as part of a recognized religious ritual, activity, or ceremony. (Code 1988, § 10.67(3)) Sec. 14-22. Responsibilities of proprietors. (a) The proprietor or other person in charge of a public place, place of work, liquor establishment, or food establishment shall: (1) Post "No Smoking" signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0500 as amended from time to time; (2) Ensure that ashtrays, lighters, and matchbooks are not provided in areas where smoking is prohibited; (3) Ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, take the appropriate action to remove the person from the premises. Appropriate action shall include calling the City Police Department for assistance. (b) Failure to comply with this subdivision shall constitute grounds for revocation of any food, liquor, or other business license held by the establishment. (Code 1988, § 10.67(4)) Sec. 14-23. Retaliation prohibited. No person or employer shall discharge, refuse to hire, or in any manner retaliate against, any employee, applicant for employment, or customer because the employee, applicant or customer exercises any right to a smoke- free environment afforded by this article or other law. (Code 1988, § 10.67(5)) PROOFSPage 92 of 423 Sec. 14-24. Private prohibitions. Nothing in this article prevents the proprietor or other person in charge of any place, including, without limitation, any residence, motor vehicle, or outdoor space, from prohibiting smoking in any such place. (Code 1988, § 10.67(6)) Sec. 14-25. Employees' rights preserved. An employee who consents to work in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. (Code 1988, § 10.67(7)) Sec. 14-26. Other laws. This article is intended to complement the Minnesota Clean Indoor Air Act, Minn. Stats. §§ 144.411--144.417, as amended from time to time. Nothing in this article authorizes smoking in any location where smoking is prohibited or restricted by other laws. (Code 1988, § 10.67(8)) Sec. 0. Severability. If any portion of this section is held invalid, the remaining provisions shall be considered severable and shall be given effect to the maximum extent possible. (Code 1988, § 10.67(9)) Sec. 0. Effective date. The provisions of this section shall become effective March 31, 2005. (Code 1988, § 10.67(10); Ord. No. 310, 2nd series, 3-31-2005) PROOFSPage 93 of 423 Chapter 15 RESERVED PROOFSPage 94 of 423 Chapter 16 LICENSES, TAXATION AND MISCELLANEOUS REGULATIONS ARTICLE I. IN GENERAL Sec. 6.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 6.99) Sec. 16-1. Local lodging tax. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Lodging: The furnishing for consideration of lodging at a hotel, motel, roominghouse, tourist court, or resort, other than the renting or leasing of it for a continuous period of 30 days or more. The furnishing of rooms owned by religious, educational or nonprofit organizations for self-sponsored activities shall not constitute "lodging" for purposes of this section. Operator: A person who provides lodging to others, or any office, agent or employee of such person. (b) Imposition of tax. There is hereby imposed a tax of three percent on the gross receipts from the furnishing for consideration of lodging. (c) Collection. Each operator shall collect the tax imposed by this section at the time rent is paid. The tax collections shall be held in trust by the operator for the City. The amount of tax shall be separately stated from the rent charged for the lodging. It shall be unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amounts of tax less than $0.01 shall be considered an additional $0.01. (d) Payment and returns. The taxes imposed by this section shall be paid by the operator to the City not later than 25 days after the end of the month in which the taxes were collected. At the time of payment, the operator shall submit a return upon such forms and containing such information as the City may require. The return shall contain the following minimum information: (1) The total amount of rent collected for lodging during the period covered by the return. (2) The amount of tax required to be collected and due for the period. (3) The signature of the person filing the return or that of his agent duly authorized in writing. (4) The period covered by the return. (5) The amount of uncollectible rental charges subject to the lodging tax. The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this section previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. (e) Examination of returns, adjustments, notices and demands. After a return is filed, the City shall examine it and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness, including any records or tax returns filed with the State. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such PROOFSPage 95 of 423 excess shall be paid to the City within 10 days after receipt of a notice thereof. Notice shall be given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within 10 days after determination of such refund. (f) Refunds. Any person may apply to the City for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The City shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof of the findings by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the City shall credit the amount of the allowance against any taxes due under this section from the claimant and the balance of the allowance, if any, shall be paid by the City to the claimant. (g) Failure to file a return. If any operator required by this section to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the operator shall, upon written notice and demand, file such return or corrected return within five days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file such return or corrected return, the City shall make a return or corrected return, for such person from such knowledge and information as the City can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by such return) shall be paid within five days of the receipt of written notice and demand for such payment. Any such return or assessment made by the City shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. If any portion of a tax imposed by this section, including penalties thereon, is not paid within 30 days after it is required to be paid, the City may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. Upon a showing of good cause, the City may grant an operator one 30-day extension of time within which to file a return and make payment of taxes as required by this section provided that interest during such period of extension shall be added to the taxes due at the rate of 10 percent per annum. (h) Penalties. If any tax imposed by this section is not paid within the time therein specified for the payment, or an extension of such time thereof, there shall be added thereto a specific penalty equal to 10 percent of the amount remaining unpaid. The amount of tax not timely paid, together with any penalty provided by this section, shall bear interest at the rate of eight percent per annum from the time such tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof of the tax. (i) Violations. Any person who shall willfully fail to make a return required by this section; or who shall fail to pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or interest imposed by this section after written demand for such payment or who shall refuse to permit the City to examine the books, records and papers under his control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. (j) Use of proceeds. At least 95 percent of the proceeds obtained from the collection of taxes pursuant to this section shall be used in accordance with Minn. Stats. § 469.190, subd. 3, as the same may be amended from time to time, to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center, including any local convention or tourism bureau under which the City partners with one more or more other cities to jointly market and promote the City and the partner cities. (k) Appeals. Any operator directly affected by any notice, order or determination made by the City under this section shall have the right to appeal to a hearing officer in an administrative hearing as provided for in Section 2-4. The City Council may establish a fee that must accompany any such appeal under this section. (Code 1988, § 6.28; Ord. No. 612, 2nd series, 9-28-2016) PROOFSPage 96 of 423 Secs. 16-2--16-20. Reserved. ARTICLE II. LICENSES GENERALLY Sec. 16-21. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant: means Any person making an application for a license under this chapter. Application: means A form with blanks or spaces thereon, to be filled in and completed by the applicant as the applicant's request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. Bond: means A corporate surety document in the form and with the provisions acceptable and specifically approved by the City Attorney. Business: means Any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this chapter. License: means A document issued by the City to an applicant permitting such applicant to carry on and transact a business. Licensee: means An applicant who, pursuant to the application of such applicant, holds a valid, current, unexpired and unrevoked license from the City for carrying on a business. License fee: means The money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on a business. Operator: Any person responsible for the controlling or administering all or part of the activity on the premises, including, without limitation, all managers and supervisors who oversee the financial or physical operation of the business or are in charge of its daily operation of the business or are in charge of its daily operation or management. Sale, Sell and Sold: mean All forms of barter and all manner or means of furnishing merchandise to persons. (Code 1988, § 6.01) Sec. 16-22. Applications. All applications shall be made as follows: (1) All applications shall be made at the City offices upon forms that have been furnished by the City for such purposes. (2) Unless otherwise provided for in this chapter, all such applications must be subscribed, sworn to, and include such information as the Council deems necessary considering the nature of the business for which license application is made. (3) It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to state any information called for on such application form, shall, upon discovery of such falsehood work an automatic refusal of license, or if already issued, shall render any license or permit issued pursuant thereto, void, and of no effect to protect the applicant from prosecution for violation of this chapter or any part hereof. (4) The City Clerk shall, upon receipt of each application completed in accordance herewith with this chapter, forthwith investigate the truth of statements made therein in the application and the moral character and business reputation of each applicant for license to such extent as the City Clerk deems necessary. For such investigation the City Clerk may enlist the aid of the City Manager or his designee. The Council shall not consider an application before such investigation has been completed. The Police Department shall provide the Council with a report on compliance and illegal conduct by the applicant. (Code 1988, § 6.02) PROOFSPage 97 of 423 Sec. 16-23. Action on application, transfer, termination, and duplicate license. (a) No refunding. No license fee shall be refundable upon revocation or voluntarily ceasing to carry on the licensed activity. (b) Issuing. If an application is approved, the appropriate license fee has been paid, and any bond or insurance requirements have been met and such bonds or insurance have been approved by the City as a form and surety or carrier, the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the Council, payment of the appropriate license fee, and approval of the bond or insurance as to form and surety or carrier, if required. All licenses shall be on a varying fiscal year basis unless otherwise specified in this chapter herein as to particular businesses. Except as to licenses which are specifically Citywide, licenses shall be valid only at one location and on the premises therein described on the license. (c) Termination. Licenses shall terminate only by expiration, or revocation or voluntary termination. (d) Refusal and revocation. The Council may, for any reasonable cause, refuse to grant any application, or revoke or suspend any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation or suspension of any license, the Council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of the hearing shall be stated in the resolution calling for such hearing. The Police Department shall provide the Council with a report on compliance and illegal conduct by the applicant. Grounds for revocation or suspension may be, but are not limited to, any of the following: (1) That the licensee suffered or permitted illegal acts, or acts prohibited under this chapter, upon the licensed premises; (2) That the licensee had knowledge of such illegal or prohibited acts but failed to report the same to police; (3) That the licensee failed or refused to cooperate fully with police in investigating such alleged illegal or prohibited acts; or (4) That the activities of the licensee created a serious danger to public health, safety, or welfare. (e) Duplicate license. Duplicates of all original licenses may be issued by the City Clerk, without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee as established by resolution of the Council for issuance of the duplicate. All duplicate licenses shall be clearly marked "DUPLICATE." (Code 1988, § 6.03; Ord. No. 151, 2nd series, 11-14-1996; Ord. No. 565, 2nd series, 7-31-2015) Sec. 16-24. Fixing fiscal years and license fees. Except as otherwise herein provided, all fiscal years for the various licenses, and all fees for licenses under this chapter shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such license years and fees may, from time to time, be amended by the Council by resolution. A copy of the resolution setting forth currently effective license fiscal years and fees shall be kept on file in the office of the City Clerk, and open to inspection during regular business hours. For the purpose of fixing such fees, the Council may subdivide and categorize licenses under a specific license requirement, provided that any such subdivision or categorization shall be included in the resolution authorized by this section. All license fees shall be paid in full at the time the application is filed. (Code 1988, § 6.04) Sec. 16-25. Carrying or posting. All peddlers, solicitors and taxicab drivers shall at all times when so engaged, carry their license on their person. All other licensees shall post their licenses in their place of business near the licensed activity. Provided, however, that in the case of machine or other device licensing, the City may provide a sticker for the current license year which shall be affixed to each machine or device requiring such sticker. All licensees shall display their licenses upon demand by any officer or citizen. (Code 1988, § 6.05) PROOFSPage 98 of 423 Sec. 16-26. Penalty for property owner. It is unlawful for any person to knowingly permit any real property owned or controlled by such person to be used, without a license, for any business for which a license is required by this chapter. (Code 1988, § 6.06) Sec. 16-27. Responsibility of licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, except as to criminal liability therefor, shall be deemed the conduct of the licensee. (Code 1988, § 6.07) Sec. 16-28. Conditional licenses. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such conditions and restrictions upon a license as it, in its discretion, may deem reasonable and justified. (Code 1988, § 6.08) Sec. 16-29. Deadline for applications. Applications for initial licenses shall be made at least 30 days prior to the desired effective date. These time requirements may be waived by the Council for good and sufficient cause. (Code 1988, § 6.09) Sec. 16-30. Insurance requirements. (a) Whenever insurance is required by a section of this chapter, after approval by the Council but before the license shall issue, the applicant shall file with the City Clerk a policy or certificate of public liability insurance showing: (1) That the limits are at least as high as required; (2) That coverage is effective for at least the license term approved; and (3) That such insurance will not be canceled or terminated without 30 days' written notice served upon the City Clerk. (b) Cancellation or termination of such coverage shall invalidate the license. (Code 1988, § 6.10) Sec. 16-31. License denial and fixing rates; hearing. (a) Right to deny. The Council reserves to itself the right to deny any application for a license to operate any business licensed or regulated under this chapter where such business involves service to the public, rates charged for service, use of public streets or other public property by the applicant or the public, or the public health, safety and convenience. The Council may also consider the location of such business in making such determination. Provided, however, that before making such determination, the Council may apply for public input shall hold a public hearing thereon pursuant to such notice to interested parties and the public as it may deem necessary or proper in action calling for such hearing. (b) Rates. Where, under specific provisions of this chapter, the Council has reserved to itself the right to fix or approve fees, rates or charges of a licensed or regulated business, such rates shall be uniform for each category or class of service, and no licensee or proprietor of a regulated business shall claim or demand payment in excess thereof. (c) Hearing. Any applicant or licensee under this chapter who challenges denial of a license or rates fixed or approved by the Council shall have a right to a hearing before the Council upon written request therefor. Notice of the time, place and purpose of such hearing shall be given to such persons and by such means as the Council may determine in calling the hearing. PROOFSPage 99 of 423 (Code 1988, § 6.11) Sec. 16-32. Application. Except as otherwise provided in succeeding provisions for licensing specific businesses and activities, the foregoing sections of this article shall apply to all licenses granted by the City. (Code 1988, § 6.12) Secs. 16-33--16-52. Reserved. ARTICLE III. RENTAL HOUSING LICENSING Sec. 16-53. Purpose. It is the purpose of this article to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of all residential rental units, buildings and structures within the City. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof. (Code 1988, § 6.29(1)) Sec. 16-54. Scope. The provisions of this article shall apply to all rental dwellings, including rented single-family homes, rented duplexes and rental dwellings within owner-occupied buildings, as well as to rented condominiums, rented townhouses and leasehold cooperative dwelling units, as those terms are defined in Minn. Stats. § 273.124, subd. 6, Minn. Stats. ch. 515A, and this article. (Code 1988, § 6.29(2)) Sec. 16-55. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Annual Renewal Date: The date each year by when a rental license must be renewed, according to the schedule of fiscal years for rental licenses and fees established by the City Council pursuant to Section 16-24. The City Council may establish a different annual renewal date for different types of rental dwellings and/or types of building in which rental dwellings may be located (e.g., single-family homes, duplexes, townhomes, condominiums, homes with services, etc.). Apartment Building: A building in which four or more rental dwellings are located and all such rental dwellings are owned by the same owner. Code Official: The City Manager or his designee. Disorderly Conduct: Shall have the meaning given such term in Section 16-57. Dwelling Unit: A single dwelling space providing independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation. Operate: To charge a rental charge or other form of compensation for the use of a rental dwelling. Owner: The person owning or holding title to a rental dwelling as determined by an examination of record title to the property at the office of the County Recorder - Registrar of Titles. If more than one person owns or holds title to an individual rental dwelling, such persons shall collectively be an owner for purposes of this article. Qualifying Relative: Spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece or nephew. The relationship may be either by blood or marriage. The Code Official may require sufficient written proof to establish whether someone is a qualifying relative. Person: A natural person or legal entity. Property Manager: A person authorized to manage and/or operate a rental dwelling on behalf of an owner. Renewal License: A rental license that is a renewal of an existing rental license granted under this article, PROOFSPage 100 of 423 which renewal is granted to the same owner and for the same rental dwelling as the existing rental license. Rental License: The license required under this article, including any renewal thereof. Rental Dwelling: A dwelling unit in the City to which a tenant has been granted the right to use. A rental dwelling includes accessory structures such as garages and storage buildings and appurtenances such as sidewalks and retaining walls which are on the premises on which a rental dwelling is located. Tenant: Any person granted temporary use of a rental dwelling, other than the owner of the dwelling unit and/or qualifying relative of that owner, pursuant to a lease or other agreement, whether or not reduced to writing. (Code 1988, § 6.29(3)) Sec. 16-56. License required. (a) When required. (1) No person shall operate a rental dwelling unless the owner thereof shall have first obtained a rental license for such rental dwelling as provided for in this article. Any rental license received under this article shall commence upon the date of issuance and, unless revoked or suspended, shall remain valid until the next applicable annual renewal date, provided no rental license shall extend for more than a 12- month period. A person who is operating a rental dwelling after the rental license has expired is operating an unlicensed rental dwelling. (2) Exceptions: a. A rental dwelling is not subject to this article if it is within a hotel, motel, hospital or a nursing home, assisted living, and other residential facilities or portions thereof licensed and inspected by the State for compliance with State building or fire codes or the City of Golden Valley Property Maintenance Code. A rental dwelling within any of the following types of facilities is subject to this article unless the facility has a facility license issued by the State and is inspected by the State for compliance with State building or fire codes or the City of Golden Valley Property Maintenance Code: group homes, independent living facilities, assisted living facilities, board and lodging homes, and other residential facilities or portions thereof, including those facilities that provide support services for their residents or that receive program reimbursement or financial assistance. b. A room temporarily leased to a natural person within a dwelling unit while the owner of that dwelling unit resides in the dwelling unit shall not be subject to this article, provided no more than three persons shall so lease a room within a dwelling unit at one time. (b) What the rental license covers. There shall be one rental license for each rental dwelling, provided when a building on a single premises contains two or more rental dwellings and all the rental dwellings within such building are owned by the same owner, only one rental license shall be required for such building. The City shall have authority to exercise its licensing powers under this article, including the power to issue, renew, deny, revoke, and suspend rental licenses, with respect to an entire building or only a portion of a building. (c) Fees. There shall be annual license fee for each rental license. Such fee shall be in the amount established by the City Council pursuant to Section 16-24. There shall be no proration of rental license fees for a rental license that extends for less than 12 months. The amount of the rental license fee may vary based on the type of rental dwelling, the type of building in which the rental dwelling is located, and/or the number of rental dwellings located in the building that is the subject of a rental license. There shall be no fee charged for an initial inspection to determine the existence of any violations of the City Code at a rental dwelling. The City Council shall establish a fee for any reinspections necessary to determine whether identified violations have been corrected, to restore a rental license that has been revoked or suspended, or for any other reason a reinspection may be required under this article. The Code Official may waive the reinspection fee in event of an error or other reasonable cause determined by the Code Official, including extension of time granted for compliance. (d) Application. Application for a rental license shall be made in writing on forms promulgated by the City Manager or his designee and accompanied by the fee amount. In the case of a license renewal, such application shall be submitted at least 30 days prior to the expiration date of the then-existing rental license. If the application for a license renewal is not received by the City at least 30 days prior to the expiration date of the existing rental PROOFSPage 101 of 423 license, the applicant shall pay a late fee in the amount established by the City Council. The Code Official may waive the late fee in event of an error or other reasonable cause determined by the Code Official. All applications shall specify the following: (1) Name, address, and telephone number of the owner of the rental dwelling, including name of the contact person if the owner is a legal entity. (2) Name, address, and telephone number of any property manager actively managing said rental dwelling. (3) Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. (4) Legal address of the rental dwelling. (5) Number of rental dwellings that are the subject of the application if the application involves a building in which two or more rental dwellings are located and all such rental dwellings are owned by the same owner. (6) Name, address and telephone number of on-site operating manager, if any. (7) Any other information requested by the Code Official to establish compliance under this article. (8) If the owner identified in the application is a legal entity, the applicant shall submit, upon request of the Code Official, the name and address of all partners, shareholders or interest holders. (e) Inspections required. Each rental license application and rental license is at all times subject to the Code Official's right to inspect the affected rental dwelling to determine whether it is in compliance with the City Code and State law. The Code Official shall determine the schedule of periodic inspections. Inspections may include all common areas, utility and mechanical rooms, garages, exterior of structures and exterior property areas. (f) Access for inspection. No rental license shall be issued under this article unless the owner of the rental dwelling agrees to permit inspections, upon reasonable notice from the Code Official to the owner, to determine compliance with the City Code and State law. The submission of a rental license application or the possession of a rental license issued by the City shall constitute such agreement by the owner identified in the application or on the rental license. Each tenant shall grant access to any part of its rental dwelling at reasonable times for the purpose of effecting inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this article. If any owner, owner's agent, property manager or tenant fails or refuses to permit entry to a rental dwelling under its control for an inspection pursuant to this article, the Code Official may pursue any remedy at law or under the City Code, including, but not limited to, securing an administrative search warrant for the rental dwelling, issuing an administrative citation, denying a rental license application, revoking or suspending a rental license, or denying a renewal license. Without limiting the foregoing, should an owner, owner's agent, or property manager fail to keep a scheduled inspection without reasonable cause or refuse to permit entry to the rental dwelling, a reinspection fee may be charged. (g) Resident agent required. No rental license shall be issued for a rental dwelling unless: (1) The owner thereof resides within the Counties of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, Washington, Sherburne or Wright; or (2) The owner designates in writing an agent or property manager residing or located within such counties who is responsible for maintenance and upkeep of the rental dwelling and who is authorized to provide the Code Official access to the rental dwelling, to receive service of notice of violations of the City Code, to receive orders from the Code Official and to institute remedial action to effect such orders and to accept all service of process pursuant to law. (h) Crime-free training. An owner or property manager who owns or manages more than one rental dwelling in the city must complete a crime-free training program (or similar program) approved by the City's Police Department. No renewal license shall be granted unless the owner (and property manager, if any) identified on the rental license application has completed such training within the three-year period immediately preceding the date of such application. If a rental dwelling owned by a person who is not required to complete this training pursuant to the foregoing and that rental dwelling is the subject of three or more events of disorderly conduct within a 365- day period, that person must complete the training before a renewal license may be granted for that rental dwelling. PROOFSPage 102 of 423 (i) Crime-free/drug-free lease addendum requirements. (1) Subject to any preemptory State and Federal laws, all signed tenant leases, including any lease renewal, for a rental dwelling executed after January 1, 2017, shall contain the following crime-free addendum language or equivalent language: a. Tenant, any members of the tenant's household or a guest or other person affiliated with the tenant shall not engage in illegal activity, including drug-related illegal activity, on or near the premises. b. Tenant, any member of the tenant's household or a guest or other person affiliated with the tenant shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity, on or near the premises. c. Tenant, any member of the tenant's household or a guest or other person affiliated with the tenant shall not permit the rental dwelling to be used for, or to facilitate illegal activity, including drug- related illegal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. d. Tenant, any member of the tenant's household or a guest, or other person affiliated with the tenant shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 USC 802]) on or near the premises. e. Violation of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. f. The term "drug-related illegal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 USC 802]). (2) Non-exclusive remedies. The crime-free/drug-free addendum is in addition to all other terms of the lease and do not limit or replace any other provisions. (j) Posting. All apartment buildings shall post the rental license issued for that building. The rental license shall be conspicuously posted (in a frame with a glass covering), in a common area, hallway or lobby. All other rental dwellings shall have a copy of the rental license on the premises. (k) Applicable laws. Rental licenses shall be subject to the applicable provisions of the City Code and State law relating to rental dwellings. (l) Transfer of license. No rental license under this article is transferable: (1) If any owner holding a rental license transfers ownership or legal control of the rental dwelling that is the subject of the rental license; (2) If the owner appoints or changes the agent required under Subsection (g) of this section; and/or (3) If the owner authorizes a property manager to manage the rental dwelling (other than a property manager identified in the application for the rental license), then the owner shall provide the Code Official written notice of such event within 72 hours thereafter. Such notice shall include, as applicable: a. The name and address of the person succeeding to the ownership or control of such rental dwelling; b. The name and address of the appointed agent; and c. The name and address of the authorized property manager. Any new owner shall apply for a new rental license within three days after its acquisition of the rental dwelling. (Code 1988, § 6.29(4)) Sec. 16-57. Conduct on licensed premises. It shall be the responsibility of an owner holding a rental license to take appropriate action to prevent conduct at the licensed rental dwelling by tenants or their guests constituting disorderly conduct. A violation of any of the following statutes or ordinances Code provisions shall be deemed disorderly conduct: PROOFSPage 103 of 423 (1) Minn. Stats. §§ 609.75 through 609.76, and Section 10.66, Article XV of this chapter, which prohibit gambling; (2) Minn. Stats. §§ 609.321 through 609.324, which prohibits prostitution and acts relating thereto; (3) Minn. Stats. §§ 152.01 through 152.025, and § 152.027, subd. 1. and 2., which prohibit the unlawful sale or possession of controlled substances; (4) Minn. Stats. § 340A.401, which prohibits the unlawful sale of alcoholic beverages; (5) Minn. Stats. § 340A.503, which prohibits the underage use of alcoholic beverages; (6) Minn. Stats. §§ 609.72 and Sections 10-1, 18-2, and 18-4, which prohibits disorderly conduct when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person committing the violation; and (7) Minn. Stats. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, which prohibit the unlawful possession, transportation, sale or use of a weapon. (Code 1988, § 6.29(5)) Sec. 16-58. Disorderly conduct violations. (a) Disorderly conduct at a rental dwelling shall be determined and handled by the Police Department. (b) A determination that disorderly conduct has occurred at a rental dwelling shall be made upon substantial evidence to support such a determination and shall be subject to Minn. Stats. § 504B.205, subd. 3. It shall not be necessary that criminal charges be brought to support a determination of disorderly conduct, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this article based on such disorderly conduct. (c) Upon notification from the Police Department to the Code Official that there have been three or more events of disorderly conduct at a rental dwelling with a 36-month period, the Code Official shall send a written warning to the owner of such rental dwelling, notifying the owner that: (1) If there is an additional event of disorderly conduct at the identified rental dwelling within the 12-month period following the date of the warning, such disorderly conduct shall constitute a violation of this article and shall entitle the City to the remedies set forth herein, including the revocation, suspension, non-renewal or denial of a rental license; (2) Within 10 days after the Code Official's issuance of the written warning, the owner shall submit to the Code Official and the Police Department a written management plan detailing the actions taken and proposed to be taken by the owner to prevent further disorderly conduct at the identified rental dwelling; (3) Within 20 days after the acceptance of the management plan by the Code Official and the Police Department, the owner shall implement all the provisions of the management plan; and (4) If the owner fails to submit or implement a management plan as required, such failure shall constitute a violation of this article and shall entitle the City to the remedies set forth herein, including the revocation, suspension, non-renewal or denial of a rental license. (d) If the owner fails to provide or implement a management plan within the period required, or there is an event of disorderly conduct at the rental dwelling within 12 months after the written warning, such failure shall be a violation under this article. (Code 1988, § 6.29(6)) Sec. 16-59. Revocation or suspension of rental license. (a) In addition to its powers under Section 16-23, the City Council may revoke, suspend, deny or decline to renew any rental license applied for or issued under this article based on any of the following circumstances: (1) The rental license was procured by misrepresentation of material facts with regard to a rental dwelling or the ownership of a rental dwelling. (2) The applicant, or one acting in the applicant's behalf, made oral or written misstatements accompanying PROOFSPage 104 of 423 the application. (3) The applicant has failed to comply with any condition set forth in any other permits/licenses granted by the City. (4) The activities of the owner create or have created a danger to the public health, safety or welfare. (5) The rental dwelling, the building of which such dwelling is a part, or any portion thereof, contains conditions that might injure, or endanger the safety, health or welfare of any member of the public. (6) Failure to correct violations of the City's Property Maintenance Code in the time period specified in the notice of violation and correction. (7) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. (8) Failure to include the crime-free/drug-free lease addendum in all leases as required by Section 16-56(i). (9) A violation under Section 16-58(d). (10) Any other violation of this article. (b) Prior to any revocation, suspension, denial or declination by the City Council under this article, the Code Official shall send written notice to the owner specifying the ordinance or law violations with which they are accused and the affected rental dwelling. The notice shall also specify the date for the hearing before the City Council, which shall not be less than 10 days from the date of the notice. At the hearing before the City Council, the owner or their representative may submit and present evidence on their behalf. After the hearing, the City Council may revoke, suspend, deny or decline to renew the rental license. (c) If the affected rental dwelling is within a building containing more than one rental dwelling owned by the same owner, the revocation, suspension, denial or declination may apply to one or more rental dwellings within that building, at the discretion of the City Council. (d) If a rental license is suspended, revoked or not renewed pursuant to this article, then until such time as a valid rental license has been restored it shall be unlawful for the owner to thereafter permit any occupancy of the formerly licensed rental dwelling by a tenant. The affected rental dwelling shall be vacated by all tenants, giving tenants a reasonable time to arrange new housing and to move their possessions. (e) Rental licenses may be suspended for up to 120 days and may, after the period of suspension, be reinstated subject to compliance with this article and any conditions imposed by the City at the time of suspension. Rental licenses that are revoked shall not be reinstated for a period of up to 120 days and until the owner has applied for and secured a new rental license and complied with all conditions imposed at the time of revocation and all applicable sections of the City Code. (Code 1988, § 6.29(7)) Sec. 16-60. Maintenance standards. Every rental dwelling shall be maintained in accordance with the minimum standards set forth in State law and the City Code, in addition to any other permits issued by the City or by the State. (Code 1988, § 6.29(8)) Sec. 16-61. Conflicts. Where there are conflicts between this article and any other provision of the City Code or other State or Federal laws, regulations, or rules, the more restrictive shall govern. (Code 1988, § 6.29(9)) Sec. 16-62. Enforcement. The Code Official is hereby authorized and directed to enforce all of the provisions of this article and all the provisions of the City's Property Maintenance Code with respect to rental dwellings. (Code 1988, § 6.29(10)) PROOFSPage 105 of 423 Sec. 16-63. Owner and tenant responsibilities. (a) Owner. (1) Owners of rental dwellings shall construct and maintain said dwellings in accordance with the requirements of the City Code. (2) No person shall lease to another for occupancy any rental dwelling which does not comply with the applicable fire prevention provisions of the City Code. (b) Tenant. (1) Each tenant of a rental dwelling shall keep in a clean and sanitary condition that part of the dwelling and related premises which that person occupies or controls. (2) No person shall occupy any rental dwelling which does not comply with the applicable fire prevention provisions of the City Code. (Code 1988, § 6.29(11)) Sec. 16-64. Notices and orders of Code Official. (a) Notice. Whenever the Code Official determines that a rental dwelling, a building of which such dwelling is a part, or any portion thereof violates any section of the City Code or that there are reasonable grounds to believe that a violation exists, notice shall be given in the manner set forth in Section 107 of the City's Property Maintenance Code, provided in all instances such notice shall also be provided to the applicable owner, if such Section 107 does not require such notice to be sent to the owner. (b) Emergency orders. Whenever the Code Official finds that an emergency exists in relation to the enforcement of the provisions of this article which requires immediate action to protect the health, safety or welfare of occupants of any rental dwelling, a building of which such dwelling is a part, or any portion thereof, the Code Official may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this article. (Code 1988, § 6.29(12)) Sec. 16-65. Administrative citation. The Code Official may issue one or more administrative citations under Section 1-9, to enforce any provision in this article and, in addition to imposing monetary fines, such citations may require corrective actions. (Code 1988, § 6.29(13)) Sec. 16-66. Appeal process. Any person directly affected by an administrative citation, decision or order issued by the Code Official pursuant to this article shall have the right to appeal to a hearing officer in an administrative hearing as provided for in Section 2-4. The City Council may establish by ordinance a fee that must accompany any such appeal under this article. (Code 1988, § 6.29(14)) Sec. 16-67. No warranty by City. By enacting and undertaking to enforce this article of the City Code, neither the City nor its Council, agents, or employees warrant or guaranty the safety, fitness or suitability of any rental dwelling or dwelling unit in the City and any representation to the contrary by any person is a misdemeanor. Owners, their agents, property managers and tenants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare. (Code 1988, § 6.29(15)) Sec. 16-68. Violation a misdemeanor. Every person who violates a section, paragraph or provision of this article when such person performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions PROOFSPage 106 of 423 hereof. (Code 1988, § 6.29(16); Ord No. 564, 2nd series, 7-31-2015) Secs. 16-69--16-94. Reserved. ARTICLE IV. AMUSEMENT DEVICES Sec. 16-95. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Amusement Device: Includes a game of skill, a coin amusement, or a video game, as defined in this section, or any combination thereof. Arcades: A contiguous area in which more than six amusement devices are kept for use by the public generally. Coin Amusements: Any machine which upon the insertion of a coin, token or slug, operates or may be operated and is available to the public generally for entertainment or amusement, which machine emits music, noise or displays motion pictures. Distributor: The person who places amusement devices on premises not owned by, or under the control of, such person, which devices may be played by the public generally for a price paid either directly or indirectly. Game of Skill: Any device including pool and billiard tables, bowling alleys and shooting lanes, and including miniatures thereof, played by manipulating special equipment and propelling balls or other projectiles across a board or field into respective positions whereby a score is established, which is available to be played by the public generally at a price paid either directly or indirectly for such privilege. Video Game: Any electrical device which displays objects on a screen and upon insertion of a coin, token or slug may be played by the public generally for entertainment or amusement. (Code 1988, § 6.30(1)) Sec. 16-96. License required. It is unlawful for any person to have any amusement device upon premises owned or controlled by such person any amusement device, or operate an arcade without a license therefor from the City. It is unlawful for any person to be a distributor without a license therefor from the City. (Code 1988, § 6.30(2)) Sec. 16-97. Exceptions. This article shall not apply to video games of chance under the control of the Charitable Gambling Control Board, nor shall this article apply to privately owned amusement devices that are not open for use by the public. (Code 1988, § 6.30(3)) Sec. 16-98. Unlawful use and devices. It is unlawful for any person to: (1) Sell or maintain a machine or device which is for gambling or contains an automatic pay-off device; (2) Give any prize, award, merchandise, gift, or thing of value to any person on account of operation of such device; (3) Sell or maintain, or permit to be operated in his place of business, any amusement device equipped with an automatic pay-off device; (4) Equip any amusement device with an automatic pay-off device; (5) Permit the playing of coin amusement machines between the hours of 1:00 a.m. and 6:00 a.m. of any day; or PROOFSPage 107 of 423 (6) Permit the playing of coin amusement machines within 600 feet of any religious establishments church, public or parochial school or playground. (Code 1988, § 6.30(4)) Secs. 16-99--16-124. Reserved. ARTICLE V. TAXICABS* *State law reference—Municipal regulation of taxicabs, Minn. Stats. § 412.221, subd. 20. Sec. 16-125. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Street: means Any street, alley, avenue, court, bridge, land or public place or highway in the City. Taxicab: (1) The term "taxicab" means any motor vehicle, as defined in Minn. Stats. § 169.011, having a seating capacity of seven or fewer persons including the driver and engaged in carrying of persons for hire, whether over a fixed route or not, and whether the motor vehicle is operated from a street stand, or subject to calls from a garage, or otherwise operated for hire. (2) The term "taxicab" does not include limousines, charitable nonprofit transportation vehicles, vehicles used for transportation network service, motor vehicles subject to control and regulation by the Metropolitan Council State Public Service Commission, motor vehicles regularly used by morticians in carrying on their business, or motor vehicles hired on an hourly basis. Taxicab: means Any motor vehicle as defined in Minnesota Statutes 169.01 engaged in carrying of persons for hire, whether over a fixed route or not, and whether the motor vehicle is operated from a street stand, or subject to call from a garage, or otherwise operated for hire. The term shall not include motor vehicles subject to control and regulation by the State Public Service Commission, motor vehicles regularly used by undertakers in carrying on their business, or motor vehicles hired on an hourly basis. Taxicab Driver: means Any person who drives a taxicab. (Code 1988, § 6.33(1); Ord. No. 251, 2nd series, 6-14-2001; Ord. No. 251A, 2nd series, 1-17-2002) Sec. 16-126. Vehicle taxicab license required. No person shall operate a taxicab within the City without displaying a valid taxicab license decal duly issued by another political subdivision in this State the City of Bloomington, or the Metropolitan Airports Commission and without complying with the requirements of said issuing authority (and providing proof thereof) regarding driver qualifications, insurance, vehicle safety and vehicle inspections. (Code 1988, § 6.33(2)) Sec. 16-127. Taxicab Driver's license required. No person shall drive a taxicab within the City without possessing a valid taxicab driver's license duly issued by another political subdivision in this State the City of Bloomington, or the Metropolitan Airports Commission. (Code 1988, § 6.33(3)) Sec. 16-128. Designation. Each taxicab required to be licensed by this article shall bear signs identifying the vehicle as a taxicab. Such signs shall be on the exterior of the vehicle and shall be visible from each side of the vehicle. (Code 1988, § 6.33(4)) Sec. 16-129. Exemption. Any taxicab driver licensed to operate in another City may carry passengers from the City where licensed to any place or point within the City and may freely travel upon the streets without being licensed in accordance with PROOFSPage 108 of 423 this article, provided that the taxicab driver shall not be permitted to solicit business or pick up passengers within the City unless the taxicab and the taxicab driver are licensed as required by this article. (Code 1988, § 6.33(5); Ord. No. 251, 2nd series, 6-14-2001) Secs. 16-130--16-156. Reserved. ARTICLE VI. TOBACCO Sec. 16-157. Purpose and intent. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both State and Federal laws; and because studies, which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this article shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the State in regard to preventing young people from starting to smoke as stated in Minn. Stats. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Centers for Disease Control in their study "Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997," and of the following medical professionals in these medical journals: Khuder SA, et al., "Age at Smoking Onset and Its Effect on Smoking Cessation," Addictive Behavior 24(5):673-7, September-October 1999; D'Avanzo B, et al., "Age at Starting Smoking and Number of Cigarettes Smoked," Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, "Age of Smoking Initiation: Implications for Quitting," Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., "Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students," Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. (Code 1988, § 6.34(1)) Sec. 16-158. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance Checks: The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this article. Compliance checks shall involve the use of minors as authorized by this article. The term "compliance checks" shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. Individually Packaged: The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. Indoor Area: All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. PROOFSPage 109 of 423 Loosies: The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales taxes, of more than $2.00 per cigar. Minor: Any natural person who has not yet reached the age of 18 years. Moveable Place of Business: Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Nicotine or Lobelia Delivery Devices: Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Retail Establishment: Any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The term "retail establishment" shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug stores. Sale: Any transfer of goods for money, trade, barter or other consideration. Self-Service Merchandising: Open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. Smoking: Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. The term "smoking" also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. For the purpose of this article, the definition of smoking includes the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device as defined in Minn. Stats. § 609.685, subd. 1. Tobacco or Tobacco Products: Tobacco and tobacco products includes cigarettes, e-cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. The term "tobacco" excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Tobacco-Related Devices: Tobacco-related devices Includes any tobacco product as well as a pipe, e-cigarette, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. Vending Machine: Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. (Code 1988, § 6.34(2); Ord No. 462, 2nd series, 7-30-2011; Ord. No. 554, 2nd series, 5-14-2015) Sec. 16-159. License. (a) License required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the City. (b) Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, or PROOFSPage 110 of 423 nicotine or lobelia delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk shall determine that an application is incomplete, he shall return the application to the applicant with notice of the information necessary to make the application complete. (c) Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. (d) Term. All licenses issued under this article shall be valid for one calendar year from the date of issue. (e) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in Section 16-168. (f) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. (g) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (h) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (i) Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. (j) Issuance as privilege and not a right. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (k) Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. (Code 1988, § 6.34(3)) State law reference—Municipal licensing of tobacco generally, Minn. Stats. § 461.12. Sec. 16-160. Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee for a license under this article shall be established by the City Council and adopted by ordinance, and may be amended from time to time. (Code 1988, § 6.34(4)) Sec. 16-161. Basis for denial of license. (a) Grounds for denying the issuance or renewal of a license under this article include, but are not limited to, the following: (1) The applicant is under the age of 18 years. (2) The applicant has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. (3) The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or PROOFSPage 111 of 423 lobelia delivery devices revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any information required on the application, or provides false or misleading information. (5) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation from holding a license. (b) However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. (c) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this article. (Code 1988, § 6.34(5)) Sec. 16-162. Prohibited sales. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product, tobacco- related device, or nicotine or lobelia delivery device: (1) To any person under the age of 18 years. (2) By means of any type of vending machine. (3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, tobacco- related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. (4) By means of loosies as defined in Section 16-158. (5) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (6) By any other means, to any other person, on in any other manner or form prohibited by Federal, State or other local law, ordinance provision, or other regulation. (Code 1988, § 6.34(6)) Sec. 16-163. Storage self-service sales. It shall be unlawful for a licensee under this section to allow the sale of tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices by any means where by the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee or his clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices at the time this section is adopted shall comply with this section within 90 days following the effective date of this section. (Code 1988, § 6.34(7)) Sec. 16-164. Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this article shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this article, State or Federal law, or other applicable law or regulation. PROOFSPage 112 of 423 (Code 1988, § 6.34(8)) Sec. 16-165. Compliance checks and inspections. All licensed premises shall be open to inspection by the City police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premises to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his employee and shall produce any identification, if any exists, for which he is asked. Nothing in this article shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. (Code 1988, § 6.34(9)) State law reference—Compliance checks, Minn. Stats. § 461.12, subd. 5. Sec. 16-166. Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this article: (1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any minor. (2) Illegal possession. It shall be a violation of this article for any minor to have in his possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This subsection shall not apply to minors lawfully involved in a compliance check. (3) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device (4) Illegal procurement. It shall be a violation of this article for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this article for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This subsection shall not apply to minors lawfully involved in a compliance check. (5) Use of false identification. It shall be a violation of this article for any minor to attempt to disguise his true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. (Code 1988, § 6.34(10)) Sec. 16-167. Exceptions and defenses. Nothing in this article shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by State law. (Code 1988, § 6.34(11)) State law reference—Defenses, Minn. Stats. § 461.12, subd. 6. Sec. 0. Severability. PROOFSPage 113 of 423 If any section or provision of this ordinance is held invalid, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision. (Code 1988, § 6.34(12)) Sec. 16-168. Violations and penalty. (a) Administrative civil penalties--Individuals. If a person who is not a licensee is found to have violated this article, the person shall be charged an administrative penalty as follows: (1) First violation. The Council shall impose a civil fine not to exceed $50.00. (2) Second violation within 12 months. The Council shall impose a civil fine not to exceed $100.00. (3) Third violation within 12 months. The Council shall impose a civil fine not to exceed $150.00. (b) Same-- Licensee. If a licensee or an employee of a licensee is found to have violated this article, the licensee shall be charged an administrative penalty as follows: (1) First violation. The Council shall impose a civil fine of $500.00 and suspend the license for not less than five consecutive days. (2) Second violation within 24 months. The Council shall impose a civil fine of $750.00 and suspend the license for not less than 15 consecutive days. (3) Third violation within 24 months. The Council shall impose a civil fine of $1,000.00 and suspend the license for not less than 30 consecutive days. (4) Fourth violation within 24 months. The Council shall revoke the license for at least one year. (c) Administrative penalty procedures. Notwithstanding anything to the contrary in this section: (1) Any of the administrative civil penalties set forth in this section that may be imposed by the Council, may in the alternative be imposed by an administrative citation under Section 1-9. (2) If one of the foregoing penalties is imposed by an action of the Council, no penalty shall take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the, and such notice must be in writing and must provide that a right to a hearing before the Council must be requested within 10 business days of receipt of the notice or such right shall terminate. (d) Misdemeanor prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this article. (e) Defense. It is a defense to the charge of selling tobacco or tobacco-related devices to a person under the age of 18 years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Minn. Stats. § 340A.503. (f) Exceptions. An Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this subsection, the term "Indian" means a person who is a member of an Indian tribe as defined in Minn. Stats. § 260.755, subd. 12. (Code 1988, § 6.34(13); Ord No. 462, 2nd series, 7-30-2011; Ord. No. 462, 2nd series, 7-30-2011; Ord. No. 474, 2nd series, 12-16-2011; Ord. No. 565, 2nd series, 7-31-2015) State law reference—Administrative penalties, Minn. Stats. § 461.12, subd. 3; defenses, Minn. Stats. § 461.12, subd. 6. Sec. 16-169. Violation a misdemeanor. Every person who violates a section, subsection, paragraph or provision of this article, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or gross misdemeanor and may also be subject to administrative penalties as otherwise stated in specific provisions hereof. (Code 1988, § 6.34(14); Ord No. 462, 2nd series, 7-30-2011) PROOFSPage 114 of 423 Secs. 16-170--16-191. Reserved. ARTICLE VII. COLLECTORS OF SOLID WASTE AND RECYCLABLES Sec. 16-192. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Garbage: means Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Hauler: means Any person who shall offer to, or engage in the collection and/or transportation of garbage, refuse, yard waste or recycling from any house, apartment, public or private institution, or commercial establishment within the City, including all activities up to the time when the waste is delivered to a waste facility. Litter: means Garbage, recyclables and refuse. Rear Yard: A yard extending across the full width of the property and lying between the rear line of the lot and the nearest line of the principal building. Recyclables: means Items of refuse designated by the County Department of Environment and Energy to be part of an authorized recycling program and which are intended for processing and remanufacture or reuse. Refuse: means All wastes (except body wastes), including, but not limited to, rubbish, paper, cardboard, ashes, rocks and construction material, normally resulting from the operation of a household or business establishment, but not including garbage, recyclables or yard waste. Woody Yard Waste: Hedge or tree trimmings and twigs (one-quarter inch diameter or greater) or Christmas trees which can be hauled to a commercial compost facility. Yard Waste: Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.) soft-bodied plants (flower and vegetable plants), shrub or tree trimmings and twigs (one-quarter inch diameter maximum), pine cones and needles. (Code 1988, § 6.35(1); Ord. No. 87, 2nd series, 3-12-1992; Ord. No. 92, 2nd series, 6-25-1992; Ord. No. 296, 2nd series, 5- 28-2004; Ord. No. 359, 2nd series, 1-12-2007) Sec. 16-193. Contract and licensing requirements. (a) Residential disposal of waste. Every household, including occupants of multifamily dwellings with four or fewer units, must either directly or through the owner or manager of a multifamily dwelling unit: (1) Have a contract for at least bi-weekly collection of garbage and refuse with a hauler licensed by the City; or (2) Apply for and receive a waiver of the requirement of Subsection (a)(1) of this section by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. (b) Commercial disposal of waste. Each owner or manager of a commercial establishment, or multifamily dwelling with greater than four units must: (1) Have a contract for at least weekly and as often as once each business day if necessary to protect the public health, safety and general welfare, for collection of garbage and refuse with a hauler licensed by the City; or (2) Apply for and receive a waiver of the requirement of Subsection (b)(1) of this section by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. (c) Misdemeanor violation. Failure to have a contract with a licensed hauler of garbage and refuse, or to have received a waiver from the City is a misdemeanor punishable as set forth in this chapter. (d) License required. It is unlawful for any person to collect or transport garbage, recyclables or refuse for hire without having first secured a license from the City. (e) License requirements. In addition, to the requirements otherwise set forth in this article for the issuance PROOFSPage 115 of 423 and maintenance of a license to collect or transport garbage, recyclables or refuse, each licensed hauler is obligated to show evidence of ability to comply with the following requirements when it submits its license application for hauling or transporting garbage, recyclables or refuse, and continue to comply with such requirements while hauling garbage, recyclables or refuse, as follows: (1) Haulers must offer separate durable yard waste containers. (2) Haulers must offer solid waste and yard waste containers that are not easily corrodible or combustible and which are made from at least 50 percent post-consumer recycled material. (3) Haulers must haul yard waste from April 1 to November 15, and as otherwise designated by the City Manager's designee. (4) To accommodate the needs of the physically challenged and disabled, and to promote the health, safety and general welfare of the residents of the City, each hauler shall provide valet service for seniors and the physically disabled among its contract options. (Code 1988, § 6.35(2); Ord. No. 477, 2nd series, 12-30-2011) Sec. 16-194. Application and fees. Any person desiring a license to collect garbage, recyclables or refuse shall make application for the same to the City Manager's designee upon a form prescribed by the Council provided by the City. The application shall set forth the name of the business, the owner's name, the number of vehicles to be used in the City, a description of the vehicles as to physical characteristics, year and name of manufacturer, approximate number of customers served, schedule of charges which will be made for hauling, a schedule of collection routes, and the location of proposed dumping area, and the telephone number where the applicant can be conveniently reached. The applicant shall accompany such application with proof that the applicant has public liability insurance in the amount of at least $100,000.00 for injuries, including accidental death, to any one person and in an amount not less than $300,000.00 on account of one accident, and property damage insurance in an amount of not less than $50,000.00. In addition, the applicant shall provide proof that applicant has obtained worker's compensation insurance in compliance with the laws of the State. The application shall include a statement that the person making application has paid all license fees and taxes required therefor. A license fee in the amount established by the Council shall be charged for each vehicle to be operated within the City by such applicant garbage, recyclable and refuse hauler, during any part of the license year, and shall accompany the application, and upon grant of the license, the fees shall be deposited in the General Fund. No license issued hereunder shall be for a longer period than one year, and all licenses shall expire on April 1 of each year. (Code 1988, § 6.35(3)) Sec. 16-195. Granting of license. If the City finds that the applicant is responsible and has proper equipment for such collection, and that a need exists for additional garbage, recyclables or refuse service and that no nuisance is liable to be created by the granting of said license, it may grant the applicant a license for the collection of garbage, recyclables and/or refuse. (Code 1988, § 6.35(4); Ord. No. 359, 2nd series, 1-12-2007) Sec. 16-196. Vehicles. (a) Vehicles used to collect and transport garbage over the streets and alleys of the City shall have a fully enclosed metal body which is tightly sealed and properly maintained, and operated to prevent offensive odors escaping therefrom, and solids or liquids from leaking, spilling, dropping, or blowing from the vehicle. (b) Vehicles used to collect and transport refuse over the streets and alleys of the City shall completely contain said refuse in a tightly sealed unit, to prevent the refuse, solid or liquid, from leaking, spilling, dropping, or blowing from the vehicle. (c) Vehicles must be kept in good repair and in clean and sanitary condition and are subject to periodic inspection by the City Manager's designee. Vehicles shall be equipped with brooms and shovels for use in sweeping up all garbage, recyclables, yard wastes and refuse spilled during collection or hauling thereof. (Code 1988, § 6.35(5); Ord. No. 87, 2nd series, 3-12-1992; Ord. No. 359, 2nd series, 1-12-2007) PROOFSPage 116 of 423 Sec. 16-197. Disposal. Disposal of any garbage, recyclables, refuse, yard waste or woody yard waste collected by any private hauler shall not be made except at places specifically authorized by the State Pollution Control Agency and the County Board. (Code 1988, § 6.35(6); Ord. No. 92, 2nd series, 6-25-1992) Sec. 16-198. Scattering of garbage, recyclables, yard waste, woody yard waste or refuse. (a) It is unlawful for any person to, and no licensed collector shall, permit or allow any of the employees of such collector to cast, spill, place, sweep, or deposit anywhere within the City any garbage, recyclables, yard waste, woody yard waste or refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the City. (b) Any citizen participating in a City-sponsored program to remove such wastes shall be exempt from these provisions for a period of 40 days prior to the scheduled date of pickup. (Code 1988, § 6.35(7); Ord. No. 296, 2nd series, 5-28-2004) Sec. 16-199. Hours of collection. (a) Residential and multiple dwelling districts. Collection of garbage, recyclables, yard waste, woody yard waste and refuse in a residential or multiple dwelling zone shall be only between 7:00 a.m. and 6:00 p.m. Collection at times other than the prescribed hours and days shall constitute a misdemeanor; provided, however, that upon a proper showing being made to the City Manager's designee that an emergency exists, the designee may issue a permit for collection at a time or times other than as specified in this article; no such special permit shall extend for a period of more than 14 days from date of its issuance. (b) All other zoning districts. Collection of garbage, recyclables, yard waste, woody yard waste, and refuse in all zoning districts not included in Subsection (a) of this section shall be prohibited between 10:00 p.m. and 6:00 a.m. Collection at times other than the prescribed hours and days shall constitute a misdemeanor; provided, however, that upon a proper showing being made to the City Manager's designee that an emergency exists, the designee may issue a permit for collection at a time or times other than as specified in this article; no such special permit shall extend for a period of more than 14 days from date of its issuance. (Code 1988, § 6.35(8); Ord. No. 359, 2nd series, 1-12-2007) Sec. 16-200. Conditions of licensing. Licensees engaged in residential collection shall furnish a full class of residential services for pickup of garbage and refuse. Licensees engaged in recycling collection from multifamily dwellings in excess of four units shall furnish a full class of services for pickup of recyclables, accepting at a minimum, all materials collected in the City's curbside recycling program as outlined in the current curbside recycling contract. Licensing of garbage, refuse, and recycling haulers by the City shall not preclude the City from contracting with a hauler for the exclusive pickup of residential garbage, recyclables, yard waste, and refuse for the City. (Code 1988, § 6.35(9); Ord. No. 153, 2nd series, 12-12-1996) Sec. 16-201. Revocation of license. Any license issued hereunder may be revoked or suspended by the Council if false statements have been made in the application therefor and may be revoked upon failure of a licensee to comply with the requirements of the provisions of the City Code. (Code 1988, § 6.35(10); Ord. No. 87, 2nd series, 3-12-1992) Sec. 16-202. Recycling program. The City shall maintain a recycling program designed to reduce the amount of recyclables generated within the City for disposal. Reports providing information on generation, collection and disposal of garbage, recyclables, refuse, yard waste and woody yard waste within the City shall be submitted to the County as prescribed by its Department of Environment and Energy. The City Manager's designee shall establish administrative program guidelines for each program and fees shall be established by resolution of the Council. Elements of the recycling PROOFSPage 117 of 423 program shall consist of: (1) Curbside recycling. The City shall contract for curbside recycling to all single- and multiple-family residences of four units or less. Cost of said program will be billed on a quarterly basis to all such property owners, based on the cost of providing the service less any subsidy provided by the County. (2) Commercial and institutional recycling. Commercial and institutional entities within the City shall contract, through a licenses private hauler or the City, for recycling for a minimum of every other week collection, the cost of which shall be paid by said commercial or institutional entity. (3) Multifamily recycling. Owners of multifamily dwellings containing more than four dwelling units shall provide a recycling collection service, through a licensed private hauler or the City, for their residents with a designated on-site collection area. Owners shall contract for a minimum of every other week collection of the recyclables from the on-site collection area, the cost of which shall be paid by the multifamily dwelling owner. Such collection shall include, at a minimum, all materials collected in the City's curbside recycling program maintained in accordance with this article and shall meet applicable County requirements. (4) Special collection and drop-off programs. Licensed residential haulers operating within the City shall provide yard waste and woody yard waste pick-up in the spring and fall as part of their collection service. The City may from time to time collect or provide drop-off sites for yard waste or recyclables. (5) No scavenging. It shall be unlawful for unauthorized persons to collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. (Code 1988, § 6.35(11); Ord. No. 92, 2nd series, 6-25-1992; Ord. No. 359, 2nd series, 1-12-2007; Ord. No. 478, 2nd series, 3- 3-2012) Sec. 16-203. Enforcement and warnings. The City Manager's designee has responsibility for the enforcement of the provisions of this article. The City or any of its haulers may issue a warning notice to any person observed not in compliance with any provisions of this article. Such warning may serve as the basis to reject noncompliant waste materials for collection. (Code 1988, § 6.35(12); Ord. No. 359, 2nd series, 1-12-2007) Secs. 16-204--16-229. Reserved. ARTICLE VIII. MASSAGE PARLORS, SAUNAS, AND OTHER ADULT-ORIENTED SERVICES* *State law reference—Adult entertainment establishments, Minn. Stats. § 617.242. Sec. 16-230. Findings and statement of policy. (a) The Council deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as massage parlors, saunas, rap parlors, conversation parlors, adult sensitivity groups, adult encounter groups, escort services, dancing services, hostess services and similar adult-oriented services operating under different names in order to protect the public health, safety and welfare and to guard against the inception and transmission of disease. The Council further finds that commercial enterprises such as the type described above, and all other similar establishments whose services include sessions offered to adults, conducted in private by members of the same or the opposite sex, and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting or endangering the morals of the community by being the site of acts of prostitution, illicit sex and occasions of violent crimes, thus requiring close inspection, licensing and regulation. (b) The Council also finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the Police Department and other departments of the City. As a consequence, the concentrated use of City services in such control detracts from and reduces the level of service available to the rest of the community and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. In consideration for the necessity on the part of the City to provide numerous services to all segments of the community, without a concentration of public services in one area working to the detriment of the members of the general public, it is hereby decided that the number of licenses PROOFSPage 118 of 423 issued pursuant to this article for massage parlors, saunas, rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services, hostess services or for similar adult- oriented services which may be in force at any one time be no more than a total of six such licenses. (Code 1988, § 6.36(1); Ord. No. 203, 2nd series, 6-23-1999) Sec. 16-231. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Certificate: as used herein means A certificate issued by the City authorizing the holder thereof to practice or administer a massage. Escort Service or Model Service or Dancing Service or Hostess Service: means Any person advertising, offering, selling, trading or bartering the services of itself, its employees or agents as hostesses, models, dancers, escorts, dates or companions whether or not goods or services are simultaneously advertised, offered, sold, traded or bartered and regardless of whether said goods or services are also required to be licensed. Massage: means The rubbing, stroking, kneading, tapping or rolling of the body of another with hands or objects for the exclusive purpose of physical fitness, relaxation, beautification and for no other purpose. The term "massage" does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry and persons duly licensed in this State to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses who work solely under the direction of any such persons, beauty culturists and barbers who do not give, or hold themselves out to give, massage treatments, as defined herein, other than is customarily given in such shops or places of business, for the purpose of beautification only. Provided, however, that the persons practicing such excluded activities hold valid licenses from the State. Masseur: means a male person who practices or administers a massage. Masseuse: means a female person who practices or administers a massage. Massage Parlor: means Any establishment or place providing to the public at large massage services, other than a hospital, sanitarium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings. Massage Services: means A business offering or providing massages to others where a fee is charged and whether or not the massage services are rendered at the licensed location. Massage Therapist: Person who practices or administers a massage. Rap Parlor or Conversation Parlor or Adult Encounter Group or Adult Sensitivity Group: means Any person or entity advertising, offering, selling, trading or bartering the services of itself, its employees or agents as non- professional counselors, teachers or therapists who may talk to, discuss or have conversation with patrons or who deal in any way with patron's physical senses whether or not other goods or services are simultaneously advertised, offered, sold, traded or bartered and regardless of whether said goods or services are also required to be licensed. Sauna: means Any public facility used for the purpose of bathing, reducing or relaxing, utilizing steam as a cleaning, reducing or relaxing agent. Similar Adult-Oriented Services: Is meant to include all other services which fall within the definitions of "escort service," "massage parlor," "massage services," "rap parlor" and "sauna" but are operated under different names. (Code 1988, § 6.36(2)) Sec. 16-232. License required. (a) Persons. It is unlawful for any person to operate a massage parlor or massage establishment, sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group, model service, escort service, dancing service, hostess service or any other adult-oriented services either exclusively or in connection with any other business enterprise, or hold himself out as being a massage therapist masseur or masseuse or engaged in or offering his services as a model, hostess, dancer, escort or counselor in a rap parlor, conversation parlor, adult sensitivity or PROOFSPage 119 of 423 adult encounter group without a license therefor from the City. (b) Establishments. It is unlawful for any person or entity to hold out any establishment as providing services as a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group or model service, escort service, dancing service, hostess service or similar adult-oriented service without a license from the City. Whenever any establishment ceases to be licensed as a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group or model service, escort service, dancing service, hostess or other adult oriented services, whether through the suspension, cancellation, revocation or expiration, its owners shall immediately remove from public view any sign or display which identifies the establishment as being a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group or as offering a model service, escort service, dancing service, hostess service or other adult-oriented service. (Code 1988, § 6.36(3)) Sec. 16-233. Certificate required. It is unlawful for any person to engage in or hold himself out as being engaged in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for the exchange of any valuable consideration without a certificate therefor from the City. (Code 1988, § 6.36(4)) Sec. 16-234. Exceptions. This article does not apply to the following individual persons and establishments: (1) Bona fide legal, medical, psychiatric, psychological, family or marriage counseling services licensed by the State. (2) Bona fide financial counseling services or bona fide educational institutions completely complying with State and local regulations or the regulation of any licensing authorities nor does it apply to bona fide churches, synagogues or institutions or organized religions or to seminars, panel discussions or group classes sponsored by bona fide religious institutions or educational institutions. (3) Bona fide health/sports establishments which meet the following criteria: a. The primary purpose of the establishment is health and fitness; massage service is subsidiary; b. No more than 10 percent of the establishment revenue is derived from massage; c. The financial records of the establishment are at all times available to the City for inspection; and d. The establishment has an ongoing membership which list is available to City officials for inspection at any time. Massage therapists Masseurs and masseuses employed by such establishments are not required to be certified under this article. (Code 1988, § 6.36(5)) Sec. 16-235. Contents of application for license. (a) Application for a license shall be made only on the forms provided by the City Manager or his designee. Four A complete copy of the application must be submitted to the City Clerk's Manager's office containing the address and legal description of the property to be used, the name, address and telephone number of two persons who shall be residents of the County who may be called upon to attest to the applicant's, manager's or operator's character; whether the applicant, manager or operator has ever been convicted of a crime or offense and, if so, complete and accurate information as to the crime, place and nature of such crime or offense, including the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, furnishing, or acquiring the premises, personal effects, equipment or anything incidental to the establishment maintenance and operation of a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort service, model service, dancing service, hostess service or similar adult-oriented service. PROOFSPage 120 of 423 (b) If the application is made on behalf of a joint business venture, partnership or any legally constituted business association other than a corporation, it shall submit, along with its application, accurate and complete business records showing the names and addresses of all partners, officers, directors, managers and owners and, in the case of a corporation, the names and addresses of all officers, general managers and members of the board of directors. (c) If the application is made on behalf of a joint business venture, partnership, legally constituted business association or corporation, the applicant shall also submit the names and addresses of any and all creditors who have extended credit for the acquisition, maintenance, operation or furnishing of the establishment. (d) All applicants shall furnish to the City, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or in the furnishings thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage, credit arrangement, loan agreements, security agreements and any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintenance of the enterprise offering services as a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group, model service, escort service, dancing service, hostess service or similar adult-oriented service. (e) Insurance in the amount of $1,000,000.00 in professional liability and general liability shall be in force and effect as a condition of maintaining a valid licensed premises. (f) All applicants shall state any other licenses for which they have applied within the last 10 years and any denial, suspension or revocation of a license along with an explanation of any such denial, suspension or revocation. (Code 1988, § 6.36(6); Ord. No. 203, 2nd series, 6-24-1999) Sec. 16-236. Contents of the application for certificate. Application shall be made only on forms provided by the City Manager or his designee. The application shall include the following information together with any information which the City Manager or his designee may require: (1) Applicants must possess a certificate from a licensed school of massage, certifying their successful completion of a course of study of not less than 400 hours of training in massage therapy. (2) Evidence of applicant's practical qualifications to practice massage. (3) Evidence that the applicant is of good moral character. (4) The names and addresses of two persons, residents of the County, who can attest to the applicant's character. (5) Whether the applicant has ever been convicted of a crime or offense and, if so, information as to the time, place and nature of such crime or offense. (6) Evidence that the applicant is at least 18 years of age. (Code 1988, § 6.36(7); Ord. No. 203, 2nd series, 6-24-1999) Sec. 16-237. Licensing conditions. (a) Licenses shall be issued only if the applicant or all of its owners, managers, employees, agents or interested parties are persons of good moral character and repute. (b) Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. (c) Licenses shall be issued only to applicants who have not, within three years prior to the date of application, had a license of this type revoked or suspended in or by any community or political entity and whose owners, managers, or any interested parties have not been similarly revoked or suspended. (d) Licenses shall be issued only to applicants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully PROOFSPage 121 of 423 and truthfully with the City in the review of the application. (e) Licenses may only be granted when the premises involved are in complete conformity with Chapter 113, pertaining to zoning. (f) Licenses shall be granted only to establishments which meet the safety, sanitary and building code requirements of the City. (g) A license shall not be granted if granting the license: (1) Would be inconsistent with the comprehensive development of the City; or (2) Would otherwise have a detrimental effect upon other property or properties in the vicinity. (Code 1988, § 6.36(8); Ord. No. 203, 2nd series, 6-24-1999) Sec. 16-238. Certification conditions. (a) Certificates shall be issued only to persons of good moral character and repute and persons who are in good health and free from any communicable disease. (b) Certificates shall be issued only to persons free of convictions of offenses which involve moral turpitude or which relate directly to the person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the occupation. (c) Certificates shall not be issued to persons who, within one year prior to the date of application, have been denied certification licensing or who has had his certificate or license revoked or suspended by any community, political entity or by the State. (d) Certificates shall be issued only to persons who have fully and truthfully answered all of the information requested in the application and have paid the full certification fee and certification investigation fee. (e) Certificates shall be issued only to persons 18 years of age or older. (Code 1988, § 6.36(9)) Sec. 16-239. Granting or denial of licenses and certificates. (a) License applications and certificate applications shall be issued by the Police Department upon review by the Inspections Department, Planning Department, and such other departments as the City Manager shall deem necessary. The review of license applications shall include an inspection of the premises covered by the application to determine whether the premises conform to all applicable code requirements. (b) A license permitting the conduct of an establishment offering services as a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort service, model service, dancing service, hostess service or similar adult-oriented service is non-transferable and non-renewable, and application must be made each year for a license permitting and allowing the conduct of such business for the succeeding year. (c) A certificate permitting the holder thereof to practice or administer massage commercially is non- renewable and non-transferable and application must be made each year at least 60 days before the expiration of the existing certificate for a certificate permitting and allowing the holder thereof to administer or practice massage for the succeeding year. (Code 1988, § 6.36(10); Ord. No. 203, 2nd series, 6-24-1999) Sec. 16-240. Restrictions and regulations. (a) The licensee and any persons in the employ of such licensee or agents or officers thereof and any and all persons with an interest in said business shall comply with all applicable provisions of the City Code, the State, and the United States. (b) If the licensee is a partnership or corporation, the applicant shall designate a person to be manager and in responsible charge of the business and employees. Such person shall remain responsible for the conduct of the business and employees until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department in writing of any such change, indicating the name, address and telephone number of the new manager and the effective date of such change. PROOFSPage 122 of 423 (c) Every licensee shall allow an examination and inspection of every part of the premises by the Police Department, inspections or health authority of the City during normal business hours times each year. Refusal to allow such inspection or to answer the request of the Police Department, inspections, or health authority to be admitted to a licensed premises shall be grounds for suspension or revocation of all licenses and certificates issued under this article. (d) The licensed premises shall not be open for business nor shall patrons be permitted on the premises between the hours of 11:00 p.m. and 7:00 a.m. on any day. (e) Upon demand of any police officer, any person employed in any licensed premises shall provide identification by giving such person's true legal name, date of birth, and current correct address. (f) No person under 18 years of age shall be employed in an establishment requiring a license under the provisions of this article. (g) The licensee shall furnish the Police Department with a list of current employees, indicating their names and addresses and designating the duties of the employees within the licensed premises. The licensee shall promptly notify the Police Department of any additions or deletions in the list of employees or changes in their job descriptions or duties. (h) The licensed premises must be kept and maintained in a sanitary condition defined as being free from the vegetative cells of pathogenic microorganisms and all equipment, personal property, tables, beds, towels, clothing and the like used in or for the licensed premises shall also be maintained in a sanitary condition as defined herein. (i) No licensee shall employ any person as a massage therapist masseur or masseuse without first ensuring that said employee possesses a valid certificate for the administration or practice of massage. (j) Except as otherwise provided in this article, any person acting as a massage therapist masseur or masseuse shall have such person's certificate displayed in a prominent place at such person's place of employment and upon demand by any police officer or other authorized officer or agent of the City, any person engaged in practicing massage shall provide identification by giving such person's true legal name, date of birth, correct address and phone number. (k) Except as otherwise provided in this article, any person practicing massage within the City shall initially advise the City of such person's current address and telephone number and shall further advise the City of any changes in address or telephone number within 30 days of such change. (l) Any massage therapist masseur or masseuse practicing massage shall remain fully clothed in a non- transparent uniform or clothing at all times. The therapist must require that the person who is receiving the massage will at all times have that persons breasts, buttocks, anus and genitals covered with non-transparent material or clothing. (Code 1988, § 6.36(11); Ord. No. 203, 2nd series, 6-24-1999) Sec. 16-241. Construction and maintenance requirements. (a) The premises shall have private restrooms and changing facilities available for patrons. The changing room need not be separate from the massage room. (b) All massage rooms, locker rooms, restrooms and bathrooms used in connection therewith shall be maintained in a sanitary condition. All equipment, personal property, beds, towels, clothing and the like used in the massage parlor shall be of a sanitary design and kept in a sanitary condition. (c) All restrooms shall be provided with mechanical ventilation meeting the ventilation requirements of the Building Code, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. (d) All rooms in the licensed premises including, but not limited to, massage rooms, sauna rooms, restrooms, bathrooms, rap rooms, conversation rooms, modeling rooms, dancing rooms, janitor's closets, hallways and reception areas shall be illuminated with not less than five foot candles of illumination. (e) Each licensed premises shall have a janitor's closet which shall provide for the storage of cleaning PROOFSPage 123 of 423 supplies. (f) Floors, walls and equipment in massage rooms, sauna rooms, restrooms, bathrooms, rap rooms, conversation rooms, modeling rooms and dancing rooms must be kept in a state of good repair and sanitary at all times. Linen and other materials shall be stored at least 12 inches off the floor. Clean towels, washcloths and linens must be available for each customer utilizing the sauna or shower facilities. (g) Such establishments shall provide adequate refuse receptacles which shall be emptied as required. (Code 1988, § 6.36(12); Ord. No. 203, 2nd series, 6-24-1999) Sec. 0. Health and disease control. No person afflicted with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores or any acute respiratory infection shall work in or use the services of any licenses premises and no person known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. (Code 1988, § 6.36(13)) Sec. 16-242. Revocation, suspension or non-renewal of license. The license may be revoked, suspended or not renewed by the Council upon recommendation of the City Manager or his designee by showing that the licensee, its owners, managers, employees, agents or any other interested parties have engaged in any of the following conduct: (1) Fraud, deception or misrepresentation in connection with the securing of the license. (2) Habitual drunkenness or intemperance in the use of drugs including, but not limited to, the use of drugs defined in Minn. Stats. § 152, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers. (3) Engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers, or employees in engaging in conduct involving moral turpitude. (4) Failure to fully comply with any requirements of the City Code regarding sanitary and safety conditions, zoning requirements, building code requirements; or failure to fully comply with the City Code, the violation of which involves moral turpitude, or failure to comply fully with any requirements of this article. (5) Conviction of an offense involving moral turpitude by any court of competent jurisdiction. (6) Operation of the establishment without a valid license or during periods in which the license has been suspended or revoked. (7) Engaging in any conduct which would constitute grounds for refusal to issue a license herein. (8) The licensee may appeal such suspension, revocation or non-renewal to the Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after 10 days from service of the notice of appeal to the City Manager or his designee. At the conclusion of the hearing, the Council may order: a. That the revocation, suspension or non-renewal be affirmed; b. That the revocation, suspension or non-renewal be lifted and that the license be returned to the license holder; or c. The Council may base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations which it may, in its sole discretion, impose. (Code 1988, § 6.36(14)) Sec. 16-243. Revocation, suspension or non-renewal of certificate. Certification may be revoked or suspended by the City Manager or his designee or not renewed by the Council PROOFSPage 124 of 423 for any of the following: (1) Fraud, deception or misrepresentation in connection with the securing of the certification. (2) Habitual drunkenness or intemperance in the use of drugs including, but not limited to, the use of drugs defined in Minn. Stats. ch. 152, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers. (3) Conduct, inimical to the interests of the public health, safety, welfare or morals. (4) Engaging in conduct involving moral turpitude. (5) Failure to fully comply with the requirements of this article. (6) Conviction of an offense involving moral turpitude. (7) The certificate holder may appeal such suspension, revocation or non-renewal to the Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after 10 days from service of the notice of appeal to the City Manager or his designee. At the conclusion of the hearing, the Council may order: a. That the revocation, suspension or non-renewal be affirmed; b. That the revocation, suspension or non-renewal be lifted and that the certificate be returned to the certificate holder; or c. The Council may base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations which it may, in its sole discretion, impose. (Code 1988, § 6.36(15)) Sec. 16-244. Prohibited acts. It is unlawful for any employer to employ a person to practice or administer massage nor permit, suffer or allow a person to practice or administer massage unless that person has been granted a valid certificate pursuant to this article and every employer shall require that the certification be prominently and openly displayed on the premises in plain view. (Code 1988, § 6.36(16)) Sec. 16-245. Illegal acts. It is unlawful for any person to commit or attempt to commit, conspire to commit or aid and abet in the commission of any act constituting a violation of this article or any act, which constitutes an omission and, therefore, a violation of this article, whether individually or in connection with one or more persons or as principal, agent or accessory, and any person who does so shall be guilty of such offense and it is unlawful for any person to falsely, fraudulently, forcibly or willfully induce, cause, coerce, require, permit or direct another to violate any of the provisions of this article. (Code 1988, § 6.36(17)) Secs. 16-246--16-268. Reserved. ARTICLE IX. HEATING, VENTILATING, AIR CONDITIONING, AND INSTALLERS Sec. 16-269. License required. It is unlawful for any person to engage in the business of installing heating, ventilating, air conditioning and refrigeration equipment without a license therefor from the City. (Code 1988, § 6.38(1)) Sec. 16-270. Bond. All applications for such licenses shall be accompanied by a bond in the penal sum of $5,000.00 conditioned on the installer having made all such installations in a workmanlike manner and in accordance with the Heating, Ventilating and Refrigeration Rules contained in the State Building Code. PROOFSPage 125 of 423 (Code 1988, § 6.38(2)) Secs. 16-271--16-288. Reserved. ARTICLE X. MOTOR VEHICLE DEALERS Sec. 16-289. License required. It is unlawful for any person to engage in the business of selling or arranging the sale or leasing of new or used motor vehicles, including automobiles, trucks, motor homes, recreational vehicles, motorcycles and motorized bicycles, without a license for each place of such business from the City. Licenses are not required of salespeople and other employees of a licensed dealer, nor of persons making isolated or occasional sales or leases of motor vehicles. Dealer licenses are of three types: (1) New motor vehicles; (2) Used motor vehicles; and (3) New and used motor vehicles. (Code 1988, § 6.39(1)) Sec. 16-290. Conditions of licensing. (a) Every licensee shall provide and maintain in the City at least one equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. (b) Records of all purchases and sales shall be kept by the licensed dealer respecting such transactions made during the immediately preceding 12-month period describing each vehicle purchased and sold by reference to serial number and State license number and date of each transaction, and such records shall be available for examination by the City Attorney, the City Manager or his designee and such other agents as may be designated by the Council. (c) No dealer or salesman or employee of such dealer shall advertise any motor vehicle as being sold by the owner thereof at the owner's home or residence if such motor vehicle is actually owned by or consigned to the licensee and sold as part of the business. (d) No license shall be issued or continued under this article unless the applicant shall be licensed under the appropriate State law. The Council may revoke the licenses of any licensee if such licensee does not have a currently valid State license or if such licensee is in violation of any provision of this article or the applicable State law. (e) Motor vehicles that are held for sale by a dealer in motor vehicles, or agents or employees, may not be parked on the public street adjacent to the licensed premises but all such vehicles shall be located in an orderly arrangement on the licensed premises at all times, leaving driveways of sufficient width between the vehicles so that any vehicle can be driven or removed from the premises without the necessity of removing or moving any other vehicle located thereon. (f) The grounds of all licensed premises shall be kept in a clean and neat condition at all times and free of refuse, vehicle parts, paper, weeds, etc. No dealer in motor vehicles, agent or employee, shall engage in or permit the unnecessary blowing of horns, flashing of vehicle lights, or racing of motors to the disturbance of persons occupying adjacent properties. (g) No motor vehicle dealer shall permit sounds from loudspeakers on the business premises to be heard to the reasonable disturbance of other persons on adjacent properties. (h) The parking and service drive areas of licensed premises shall be surfaced with asphalt or similar material and such surfacing shall be kept in good repair at all times. (i) No tents, temporary shacks or shelters shall be kept or used on a licensed premises. Any building or structure located thereon shall meet the requirements of the building and zoning provisions of the City Code and shall conform to the setback lines of the area in which it is located. Every such building or structure shall be kept well maintained and in a state of good repair at all times. PROOFSPage 126 of 423 (j) Lighting for motor vehicle dealer parking lots shall be subject to the requirements in Section 113-153. (Code 1988, § 6.39(2); Ord. No. 365, 2nd series, 3-23-2007) Secs. 16-291--16-313. Reserved. ARTICLE XI. MOTOR FUEL-DISPENSING OPERATIONS Sec. 16-314. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Motor Fuel-Dispensing Operations Gasoline Filling Station: means Any building, structure, premises, enclosure or other place where a container or containers, tank or tanks, either portable or stationary, containing compressed gases or liquids in quantities exceeding 100 gallons, either carbon bisulphide, gasoline, naphtha, benzole, hydrocarbon, liquefied petroleum gas, acetone, kerosene, turpentine, diesel fuel, or other inflammable liquids having a flash point below 165 degrees Fahrenheit are kept or located for the purpose of either publicly or privately selling, offering for sale or otherwise using or distributing any such liquids therefrom; provided that this section shall not apply to any place where such inflammable liquids are kept or sold for medicinal purposes only. Bulk Oil (or Gasoline Storage) Plant: means Any building, structure, premises, enclosure or other place where a container or containers, tank or tanks, either portable or stationary, containing either carbon bisulphide, gasoline, naphtha, benzole, hydrocarbon, liquefied petroleum gas, acetone, kerosene, turpentine, diesel fuel, fuel oil, or other inflammable liquids, having a flash point below 165 degrees Fahrenheit are kept or located for the purpose of selling, offering for sale or otherwise using or distributing any such liquids therefrom in quantities exceeding 100 gallons for use in vehicles owned or operated by the business in charge of such building, premises, etc. (Code 1988, § 6.40(1)) Sec. 16-315. License required. It is unlawful for any person to engage in the business of operating a motor fuel-dispensing operation gasoline filling station, a bulk oil or gasoline storage plant without a license therefor from the City. (Code 1988, § 6.40(2)) Sec. 0. Fire prevention permits. All persons required to be licensed by this section who store flammable chemicals, operate welding or cutting torches, or operate a paint spray operation must first be approved by the Fire Department before any such license may be issued to them. (Code 1988, § 6.40(3)) Sec. 16-316. Requirements. All facilities and operations required to be licensed as motor fuel-dispensing operations by this section shall: All persons required to be licensed as a gasoline filling station, bulk oil or gasoline storage plant, shall: (1) Be inspected and approved by the Fire Department before any such license may be issued or renewed. (2) Conform to all laws and regulations of the State, Federal and City governments; (3) Operate the facilities in a clean and sanitary manner; (4) Maintain the facilities in accordance with the standards of the City Code for new construction, zoning and signs; and (5) Maintain the required landscaping and provide a hard surfacing on all areas not covered by landscaping or building. (Code 1988, § 6.40(4)) PROOFSPage 127 of 423 Secs. 16-317--16-335. Reserved. ARTICLE XII. PEDDLERS AND SOLICITORS* *State law reference—Municipal regulation of peddlers, Minn. Stats. § 412.221, subd. 19. Sec. 16-336. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Non-Commercial Advocate: means A person who goes place to place, or house to house, for the primary purpose of disseminating religious, political, social, or other ideological beliefs. Nonprofit Organization: means A charitable, religious, political or educational organization if such organization is registered with the Secretary of State pursuant to the provisions of Minn. Stats. § 309.52 as a charitable organization or is exempted therefor pursuant to the provisions of Minn. Stats. § 309.515. Peddler: means Any person who goes from place to place, or house to house, in the City selling or taking orders for the immediate delivery upon sale of goods or services, or the making, manufacturing or repairing of any article or thing whatsoever. The term "peddler" does not include a person engaged in the activity of selling or taking of orders on behalf of a nonprofit organization when the selling is done to, or the taking of orders is from, members of one specific nonprofit organization, nor does the term "peddler" include any person who sells or delivers goods or services to established customers in the regular course of business. Peddling: means The act of being a peddler. Solicitor: means Any peddling where the order for services or goods is for future delivery or for the acceptance, demand, or receipt of payment or deposit of money, and/or the solicitation of money or funds. Soliciting: means The act of being a solicitor. (Code 1988, § 6.43(1); Ord. No. 573, 2nd series, 8-28-2015) Sec. 16-337. License required. It is unlawful for any person to engage in the business of peddler or solicitor without a license therefor from the City. Each person engaged as a peddler or solicitor must secure an individual license. All applications for licenses shall be issued or denied by the City Manager or his designee. Applications for a license shall be on forms provided by the City and shall be accompanied by a fee in the amount as set forth by City ordinance, provided solicitors dealing with merchandise of any kind to be delivered to customers directly from points outside the State shall be exempt from payment of the license fee. (Code 1988, § 6.43(2); Ord. No. 573, 2nd series, 8-28-2015) Sec. 16-338. Exempt activities. (a) The provisions of Section 16-337 shall not apply to: (1) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler; (2) Any person selling products of a farm or garden occupied and cultivated by the person selling the same; (3) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk; (4) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large; and (5) Any person, age 17 and under, participating as a peddler or solicitor in fundraising programs for, or sponsored by, a public or private elementary, junior high, high school, or bona fide children's PROOFSPage 128 of 423 organization including, without limitation, Boy Scouts, Girl Scouts, or youth sports, arts or similar extracurricular activities. (b) All persons exempt from Section 16-337 by virtue of Subsection (a) of this section shall nevertheless comply with Sections 16-342 and 16-344. (Code 1988, § 6.43(3); Ord. No. 573, 2nd series, 8-28-2015) Sec. 16-339. License application. (a) Each application for a license required under this article shall provide the following information: (1) Name of the applicant; (2) Permanent address of the applicant; (3) Local address of the applicant; (4) Telephone number of the applicant; (5) Date of birth of the applicant; (6) Physical description of the applicant; (7) Dates for which the right to do business is desired; (8) Description of the nature of the business and goods or services to be sold; (9) Description of vehicle used in connection with work; (10) Statement as to whether or not the applicant has been convicted, within the past five years, of any crime, misdemeanor, or violation of any ordinance other than misdemeanor traffic violations, including nature of the offense and the penalty or punishment assessed; and (11) Statement as to whether or not the applicant has had a registration, license and/or identification card for peddler and/or solicitor denied or revoked by the City or any other government body within the past three calendar years prior to the application date. (b) If the applicant is working for a business, in addition to the above information, each individual applicant shall provide the following information: (1) Legal name of the business; (2) Address of the business; (3) Legal structure of the business; and (4) Whether or not the business employing the applicant has, within the past five years, been the subject of an investigation by a consumer protection agency and/or the attorney general's office of any state. (c) If the applicant is soliciting funds for a cause, such applicant shall provide information setting forth a description of the cause, its purposes, goals, and the location to which and persons to whom the funds will go. (d) The application shall be submitted in person by each individual applicant to the City Manager or his designee. The identity of the applicant shall be verified by photo identification (valid State driver's license or State identification card). Information on the application may be verified by the City prior to granting a license. (e) The City shall conduct a criminal background check on all applicants will have a criminal history query conducted, to ensure the applicant does not have a disqualifying criminal event on their record. (f) The applicant shall immediately report, in writing, to the City Manager or his designee any changes in the information given by an applicant, which occur while the license under which the person is peddling or soliciting is in force and effect shall be immediately reported in writing to the City Manager or his designee. (Code 1988, § 6.43(4); Ord. No. 573, 2nd series, 8-28-2015) PROOFSPage 129 of 423 Sec. 16-340. Issuance. If the application is approved by the City Manager or his designee, the applicant shall be issued a license and identification card which must be clearly displayed on the front of the peddler or solicitor's outer garment when conducting business in the City. The license and identification card are non-transferable. The license shall be valid for not more than 30 calendar days, which days must be consecutive and begin within 30 calendar days of the date the license is issued. (Code 1988, § 6.43(5); Ord. No. 573, 2nd series, 8-28-2015) Sec. 16-341. Denial. Any one of the following shall constitute grounds for denial of the license application: (1) The failure of an applicant to truthfully provide any information requested by the City as part of the application process. (2) Past fraud, misrepresentation or misstatement made in the course of carrying on business as a peddler or solicitor. (3) Conviction of any crime directly related to carrying on business as a peddler or solicitor, as provided in Minn. Stats. § 364.03, subd. 2, where the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities, as provided in Minn. Stats. § 364.03, subd. 3. Crimes that are considered to be directly related to the business of peddling and soliciting include, but are not limited to: crimes involving assault, criminal sexual conduct, burglary, robbery, fraud, theft or moral turpitude. (4) Revocation within the past five years of a license issued under this article. (5) Violations of any provision of this article within the past five years. (Code 1988, § 6.43(6); Ord. No. 573, 2nd series, 8-28-2015) Sec. 16-342. Restrictions. No peddler or solicitor shall do any of the following: (1) Engage in peddling or soliciting without clearly displaying on the peddler or solicitor's front outer garment the identification card issued by the City, if a license is required under this article. (2) Engaging in peddling or soliciting before 9:00 a.m. or later than 8:00 p.m. (3) Walk on or about any side or rear yard or attempt to make contact at any point other than the main point of entrance or front door of a residence or place of business. (4) Fail to promptly depart from the premises following completion of a transaction or following an unsuccessful attempt to contact the resident of the premises. (5) Commit any act or conduct constituting harassment, a nuisance, theft, deceit or menacing or otherwise unlawful activities or violate any other provisions of this Code, or State or Federal law. (6) Claim to have the endorsement of the City solely based on the City having issued a license or certificate of registration to that person. (7) Violate Section 16-344. (Code 1988, § 6.43(7); Ord. No. 573, 2nd series, 8-28-2015) Sec. 16-343. Revocation of license. Notwithstanding anything to the contrary in this chapter, if the holder of a license granted under this article violates any provision of this article, the City Manager or his designee may revoke such license. Revocation shall be effective upon written notice thereof to the licensee. Notice shall be provided by personal delivery to the licensee or by any manner otherwise permitted for the service of process under the Minnesota Rules of Civil Procedure for the District Courts. Any person that has a license granted under this article revoked by the City Manager or his PROOFSPage 130 of 423 designee shall have the right to appeal such revocation to a hearing officer in an administrative hearing as provided for in Section 2-4. (Code 1988, § 6.43(8); Ord. No. 573, 2nd series, 8-28-2015) Sec. 16-344. Non-commercial advocate, peddlers and solicitors may be prohibited by placard. (a) Any property owner or occupant who wishes to exclude non-commercial advocates, peddlers and/or solicitors from his/its premises may place upon or near the principal entrance to the premises a printed placard or sign bearing the following notice: "No Soliciting," "No Soliciting or Peddling," or comparable statement. The printing on the placard or sign shall be large enough to be visible from a distance of five feet. (b) No non-commercial advocate, peddler or solicitor, including those exempt from license requirements as provided in Section 16-338, shall ring any doorbell, knock on any door and/or enter upon any premises in an attempt to make personal contact with the owner or occupant, where such a placard or sign is posted, unless the non- commercial advocate, peddler or solicitor has been previously invited by the owner or occupant. (c) No person other than the owner or occupant of the premises shall remove, injure or deface the placard or sign. (Code 1988, § 6.43(9); Ord. No. 573, 2nd series, 8-28-2015) Sec. 16-345. Non-commercial advocate. Sections 16-337 through 16-343, inclusive, shall not apply to non-commercial advocates and such sections shall not be interpreted to prohibit or restrict non-commercial advocates. Non-commercial advocates shall be subject to Section 16-344. (Code 1988, § 6.43(10); Ord. No. 573, 2nd series, 8-28-2015) Secs. 16-346--16-363. Reserved. ARTICLE XIII. PLUMBERS Sec. 16-364. License required. It is unlawful for any person to engage in the business of plumbing without a license therefor from the State. (Code 1988, § 6.44(1)) State law reference—State licensing of plumbers, Minn. Stats. § 326B.46 et seq. Sec. 16-365. Bond and insurance required. (a) The applicant shall give bond to the City in the penal sum of at least $2,000.00 conditioned upon faithful and lawful performance of all work in the City. Proof of filing such bond with the State shall relieve the applicant of this requirement. (b) The applicant shall provide evidence of public liability insurance, including products liability coverage, with limits of at least $50,000.00 per person, $100,000.00 per occurrence, and $10,000.00 property damage. Proof of filing such evidence with the State shall relieve the applicant of this requirement. (Code 1988, § 6.44(2)) Secs. 16-366--16-388. Reserved. ARTICLE XIV. PAWNBROKERS AND PRECIOUS METAL DEALERS* *State law reference—Pawnbrokers, Minn. Stats. ch. 325J; local ordinances regulating pawnbrokers, Minn. Stats. §§ 325J.02, 325J.13; precious metals, Minn. Stats. § 325F.73 et seq. Sec. 16-389. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: PROOFSPage 131 of 423 Item Containing Precious Metal: means An item made in whole or part of metal and containing more than one percent by weight of silver, gold, or platinum. Minor: means Any natural person under the age of 18 years. Oversized Items: means Large items not normally found in retail stores such as cars, boats and other motorized vehicles and equipment. Pawnbroker: means A person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling that same back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this section shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this section. In addition, the following shall not be deemed a "pawnbroker" for the purposes of this section: __ Person's transactions at occasional "garage," "yard" or "estate" sales; __ Persons selling secondhand books, magazines, sound or video recordings or films; __ Persons conducting a bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock. (1) Except as provided in Subsection (2) of this definition, a pawnbroker is a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. (2) The following are exempt from the definition of pawnbroker: any bank regulated by the State, the Comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System or any other Federal or State authority and their affiliates; any bank or saving association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any State or Federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce. Pawnshop: The location at which or premises in which a pawnbroker regularly conducts business. Person: means One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the State; or any other business organization. Pledged Goods: Tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. Precious Metal Dealer: means Any person engaging in the business of buying coins or secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. Persons conducting the following transactions shall not be deemed to be precious metal dealers: (1) Transactions at occasional "garage" or "yard" sales, or estate sales or farm auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of Minn. Stats. §§ 325F.734 to 325F.742, for these transactions. (2) Transactions regulated by Minn. Stats. ch. 80A. (3) Transactions regulated by the Federal Commodity Futures Commission Act. (4) Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof. PROOFSPage 132 of 423 (5) Transactions involving the purchase of photographic film, such as lithographic and X-ray film, or silver residue or flake recovered in lithographic and X-ray film processing. (6) Transactions involving coins, bullion, or ingots. (7) Transactions in which the secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item, except that a person who is a precious metal dealer by engaging in a transaction which is not exempted by this article must comply with the requirements of State law. (8) Transactions between precious metal dealers if both dealers are licensed under Minn. Stats. § 325F.733, or if the seller's business is located outside of the State and the item is shipped from outside the State to a dealer licensed under Minn. Stats. § 325F.733. (9) Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition except for repair, and the items are resold at retail, and the buyer paid less than $2,500.00 for secondhand items containing precious metals purchased within any period of 12 consecutive months. Precious Metals: means Silver, gold, or platinum. Receive: means To purchase, accept for sale on consignment or take in pawn any secondhand goods. (Code 1988, § 6.45(1); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-390. Purpose. The City Council finds that pawnbrokers and precious metal dealers potentially provide an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers and precious metal dealers. The purpose of this article is therefore to prevent pawnbroking and precious metal businesses from being used as facilities for commission of crimes and to ensure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the City. (Code 1988, § 6.45(2); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-391. License required. It is unlawful for any person to exercise, carry on, or be engaged in the trade or business of pawnbroker or precious metal dealer within the City unless such person is currently licensed under this article. A separate license is required for each place of business. More than one license may be issued to a person upon compliance with this article for each license. (Code 1988, § 6.45(3); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-392. Application content. In addition to any information that may be required by the County pursuant to Minn. Stats. § 471.924, every application for a license under this article shall be made on a form supplied by the City and shall contain all information required by the City, including the following information: (1) If the applicant is a natural person: a. The name, place and date of birth, street resident address, and phone number of the applicant. b. Whether the applicant is a citizen of the United States or a resident alien. c. Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used. d. The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minn. Stats. §§ 333.01— 333.065. e. The street addresses at which the applicant has lived during the preceding five years. PROOFSPage 133 of 423 f. The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five years and the name and address of the applicant's employer and partner, if any, for the preceding five years. g. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had. h. The physical description of the applicant. i. If the applicant is married: 1. The name, place and date of birth, and street address of the applicant's current spouse. 2. The type, name, and location of every business or occupation in which the applicant's current spouse has been engaged during the preceding five years. 3. The names and addresses of the employers or partners of the applicant's current spouse for the preceding five years. 4. Whether the applicant's current spouse has ever been convicted of any felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had. (2) If the applicant is a partnership: a. The name and address of all general and limited partners and all information concerning each general partner required in Subsection (1) of this section. b. The name of the managing partner and the interest of each partner in the pawnbroker or precious metal dealer business. c. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stats. § 333.01, a certified copy of such certificate shall be attached to the application. (3) If the applicant is a corporation or other organization: a. The name of the corporation or business form, and if incorporated, the state of incorporation. b. A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement, Operating Agreement and Bylaws shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minn. Stats. § 303.06 303.03 shall be attached. c. The name of the manager, proprietor, or other agent in charge of the business and all information concerning each manager, proprietor, or agent required in Subsection (1) of this section. d. A list of all persons who control or own an interest in excess of five percent in such organization or business form or who are officers, managers and/or directors of the corporation or business form and all information concerning said persons required in Subsection (1) of this section. (4) For all applicants: a. Whether the applicant holds a current pawnbroker, precious metal dealer, or secondhand goods dealer license from any other governmental unit and whether the applicant is licensed under either Minn. Stats. § 471.924, or Minn. Stats. §§ 325F.731--325F.744. b. Whether the applicant has previously been denied a pawnbroker, precious metal dealer, or secondhand goods dealer license from any other governmental unit. c. The names, street resident addresses, and business addresses of three residents of Hennepin, Ramsey, Anoka, Carver, Dakota, Washington or Scott County, who are of good moral character and who are not related to the applicant or not holding any ownership in the premises or business, who may be referred to as to the applicant's and or manager's character. d. The location of the business premises. PROOFSPage 134 of 423 e. The name and address of the owner of the premises to be licensed. f. The legal description of the premises to be licensed. g. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. h. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the City Building and Inspection Division, no plans need be submitted with the issuing authority. i. Such other information as the City may require. (Code 1988, § 6.45(4); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-393. Application execution. All applications for a license under this article shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation or other organization, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. (Code 1988, § 6.45(5); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-394. False statements on application. No person shall make any false statement or omission on any application or supporting materials of any application. In addition to other penalties, any falsification or omission may result in the denial of a license or the revocation of an existing license by the City. (Code 1988, § 6.45(6); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-395. Application verification. All applications shall be investigated by the Department of Public Safety of the City for verification and investigation of the facts set forth in the application. A written report and recommendation shall be made to the City Council as to issuance or non-issuance of the license. The City Council may order and conduct such additional investigation as it deems necessary. (Code 1988, § 6.45(7); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-396. Action on application. (a) Granting. The City Council shall conduct a hearing on the license application within a reasonable period following receipt of the report and recommendation regarding the application. At least 10 days in advance of the City Council hearing on an application, the issuing authority shall cause notice of the hearing to be published in the official newspaper of the City, setting forth the day, time, and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application. (b) Granting to location under construction. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. (Code 1988, § 6.45(8); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-397. Renewal application. (a) All licenses issued under this article shall be effective for one year from the date of approval by the City Council. An application for the renewal of an existing license shall be made at least 60 days prior to the expiration date of the license and shall be made in such form as the City requires. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for the applicant's failure to submit a renewal application before the PROOFSPage 135 of 423 expiration of the existing license, the City Council may, if the other provisions of this article are complied with, grant the renewal application. (b) A license under this article will not be renewed: (1) If the City Council determines that the licensee has failed to comply with the provisions of this article in preceding license years. (2) If the licensee or, if the licensee does not manage the establishment, the manager of the licensed premises is not a resident of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington Counties on the date the renewal takes effect. (3) If in the case of a partnership, the managing partner or other person who manages the establishment is not a resident of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington Counties on the date the renewal takes effect. (4) If in the case of a corporation, or other organization, the manager, a proprietor, or agent in charge of the establishment is not a resident of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington Counties on the date the renewal takes effect. (c) The time for establishing residence in the counties named in Subsection (b) of this section may for good cause be extended by the City Council. (Code 1988, § 6.45(9); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-398. Fees/bonds. (a) Application fee. (1) The license application and license renewal fee shall be fixed and determined by the City Council, adopted by resolution, and uniformly enforced. Such fee may, from time to time, be amended by the City Council by resolution. A copy of the resolution shall be kept on file in the office of the City Clerk and open to inspection during regular business hours. (2) The license application fee shall be paid in full before the application for a license shall be accepted. Upon rejection of any application for a license or upon withdrawal of any application before City Council approval, the license fee shall be refunded in full to the applicant except where rejection is for a willful misstatement in the license application. (3) When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner. (4) When a new license application is submitted as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional fee shall be required. (b) Investigation fee. (1) An applicant for any license under this article shall deposit with the City, at the time an original application is submitted, $1,500.00 to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this article. (2) If the investigation and verification process is conducted solely within the State, the fee shall be $500.00, and the remainder of the deposit shall be returned to the applicant. If the investigation and verification process is conducted outside the State, the City may recover the actual investigation costs not exceeding $10,000.00. Any fee due in excess of the $1,500.00 deposit must be paid to the City prior to the license hearing and before the City Council shall consider the application, but the City shall notify the applicant at the time the investigation fee of $1,500.00 has been expended and indicate the estimate of the fee for the remaining investigation. (c) Bond. Before a license will be issued, every applicant must submit to the City a $5,000.00 bond on the forms provided by the City. All bonds shall be conditioned on the principal observing all laws in relation to pawnbrokers or precious metal dealers, and will conduct business in conformity thereto, and that the principal will PROOFSPage 136 of 423 account for and deliver to any person legally entitled any goods which have come into the principal's hand through the principal's business, or in lieu thereof, will pay the reasonable value in money to the person. The bond shall also be conditioned on the principal paying to the City, when due, all taxes, license fees, penalties and other charges provided by law. The bond shall be kept in full force and effect throughout the license period. (d) Refundment. A pro rata share of a license fee may be refunded to the licensee, or to the estate of a licensee if: (1) The business ceases to operate because of destruction or damage; (2) The licensee dies; or (3) The business ceases to be lawful for a reason other than a license revocation or suspension. (Code 1988, § 6.45(10); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-399. Persons and locations ineligible for a license. (a) No license under this article shall be issued to an applicant who is a natural person if such applicant: (1) Is a minor at the time the application is filed; (2) A person who has been convicted of any local, State, or Federal law relating to receiving stolen property, sale of stolen property or a controlled substance, burglary, robbery, theft, damage or trespass to property, or the violation of any law or ordinance regulating the business of pawnbroker or secondhand goods dealer; (3) Is not a citizen of the United States or lawful a resident alien; (4) Is not of good moral character or repute; or (5) A person who within seven years of the license application date had a pawnbroker or secondhand goods dealer license revoked. (b) No license under this article shall be issued to an applicant that is a partnership if such applicant has any general partner or managing partner: (1) Who is a minor at the time the application is filed; (2) A person who has been convicted of any local, State, or Federal law relating to receiving stolen property, sale of stolen property or a controlled substance, burglary, robbery, theft, damage or trespass to property, or the violation of any law or ordinance regulating the business of pawnbroker or secondhand goods dealer; (3) Who is not a citizen of the United States or a lawful resident alien; (4) Who is not of good moral character or repute; or (5) A person who within seven years of the license application date had a pawnbroker or secondhand goods dealer license revoked. (c) No license under this article shall be issued to an applicant that is a corporation or other organization if such applicant has any manager, proprietor, officer, director or agent in charge of the business to be licensed: (1) Who is a minor at the time the application is filed; (2) A person who has been convicted of any local, State, or Federal law relating to receiving stolen property, sale of stolen property or a controlled substance, burglary, robbery, theft, damage or trespass to property, or the violation of any law or ordinance regulating the business of pawnbroker or secondhand goods dealer; (3) Who is not a citizen of the United States or a lawful resident alien; (4) Who is not of good moral character or repute; or (5) A person who within seven years of the license application date had a pawnbroker or secondhand goods dealer license revoked. PROOFSPage 137 of 423 (d) The City may deny a license or renewal under this article: (1) On any property on which taxes, assessments, or other financial claims of the State, County, School District, or City are due, delinquent, or unpaid. In the event a suit has been commenced under State law questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due. (2) If the property on which the business is to be conducted is owned by a person who is ineligible for a license under any of the requirements in Subsections (a) through (c) of this section. (e) No licenses shall be issued for multiple dealers at one location. Only one dealer shall be allowed to operate out of any one location. All businesses shall: (1) Have a single name and address; (2) Operate in a contiguous space; (3) Be under unified control and supervision of one person, partnership, firm or corporation, which shall hold the license. (f) No license shall be issued if the proposed use is in conflict with City zoning, health or building ordinances, or State law. (Code 1988, § 6.45(11); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-400. Conditions of general license restrictions. (a) Recordkeeping/entries of pawn tickets. (1) At the time of receipt of an item of property, th e pawnbroker or precious metal dealer shall immediately record, using the English language, in an indelible ink, in a bound book or journal, which has page numbers that are preprinted, the following information by using ink or other indelible medium on forms or in a computerized record approved by the City: a. An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; b. The date and time the item of property was received by the pawnbroker or precious metals dealer; c. The name, address, and date of birth of the person from whom the item of property was received; d. The identification number and state of issue from any of the following forms of identification of the seller or pledgor: current valid Minnesota driver's license; current valid Minnesota identification card; or current valid photo identification card issued by another state or a province of Canada person from whom the item of property was received; 1) valid picture driver's license; 2) valid state picture identification. e. Description of the pledgor including approximate height, sex and race; __ The price of the item paid by the pawnbroker or precious metal dealer, and whether the item was purchased or pawned. f. The amount advanced or paid; g. The maturity date of the pawn transaction and the amount due; and h. The monthly and annual interest rates, including all pawn fees and charges. (2) All sales shall be consummated at a central point or register, and the owner shall maintain a comprehensive account of all sales. (b) Printed pawn ticket. The following shall be printed on all pawn tickets: PROOFSPage 138 of 423 (1) The statement that "any personal property pledged to a pawnbroker within this State is subject to sale of disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal, or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods."; (2) The statement that "The pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item."; (3) The statement that "This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record."; and (4) A blank line for the pledgor's signature. (c) Inspection of records. The pawnbroker or precious metal dealer shall make available the information required in Subsection (a) of this section at all reasonable times for inspection by the City. The information required in Subsection (a) of this section shall be retained by the pawnbroker or precious metal dealer for at least five years. (d) Items for which daily reports to police are required. For the following items, the pawnbroker or precious metal dealer shall legibly complete forms approved by the City and send the forms daily to the City Police Department: (1) Any item with a serial number, identification number, or "operation identification" number; (2) Cameras; (3) Electronic audio or video equipment; (4) Precious jewelry, gems, and metals including coins containing precious metals; (5) Artist-signed or artist-attributed works of art; (6) Guns; (7) Any item not included in Subsections (d)(1) to (6) of this section, except furniture and kitchen or laundry appliances, which the pawnbroker or precious metal dealer intends to sell for more than $200.00. (e) Daily reports to police. No later than 10:00 p.m. each business day, the licensee must submit the information required under Subsection (a) of this section for each reportable transaction occurring on that business day that is required by Subsection (c) of this section. The information must be transferred by electronic means from the licensee's computer to an automated record system specified by the police department. If the electronic system has technical difficulties, the licensee shall have until 12:00 noon, the next following business day to provide the required information in writing or on computer disc to the police department; in addition, the licensee shall correct the problems within the system within three one business days after the failure, and shall re-submit all transactions by electronic means when the problem is corrected. (f) Stolen goods. A licensed pawnbroker or precious metal dealer must report to the police any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article is stolen or lost. (g) Police order to hold property. Whenever the City notifies the pawnbroker or precious metal dealer not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the City. (h) Holding period. Any item received by the pawnbroker or precious metals dealer, for which a report to the City is required under Subsection (c) of this section, shall not be sold or otherwise transferred or in the case of jewelry and precious metals, melted down or dismantled, for 14 days after the date of such report to the City. However, an individual may redeem an item pawned 72 hours after the item was received on deposit by the pawnbroker or precious metals dealer excluding Sundays and legal holidays. PROOFSPage 139 of 423 (i) Receipt. The licensee pawnbroker or precious metal dealer shall provide a receipt to the seller or pledgor of any item of property received, which shall include: (1) The name, address, and phone number of the licensee pawnbroker or precious metal dealer business; (2) The date on which the item was received by the licensee pawnbroker or precious metal dealer; (3) A description of the item received and amount paid to the pledgor or seller in exchange for the item pawned or sold; (4) The signature of the pawnbroker or precious metal dealer or agent; (5) If the property can be redeemed: a. The last regular business day by which the item must be redeemed by the pledgor without risk that the item will be sold and the amount necessary to redeem the pawned item on that date; b. The annual rate of interest charged on pawned items received; (6) The name and address of the seller or pledgor. (j) Hours of operation. No pawnbroker or precious metal dealer shall keep the pawnbroker or precious metal dealer business open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. (k) Minors. The pawnbroker or precious metal dealer shall not purchase or receive personal property of any nature on deposit or pledge from any minor. (l) Inspection of items. The pawnbroker or precious metal dealer shall, at all times during the term of the license, allow the City Police Department or any other City authority to enter the premises where the pawnbroker or precious metals dealer business is located, for the purpose of inspecting such premises and inspecting the items, wares and merchandise therein for the purpose of locating items suspected or alleged to have been stolen or otherwise improperly disposed of. (m) License display. A license issued under this article must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. (n) Maintenance of order. A licensee under this article shall be responsible for the conduct of the business being operated and shall maintain conditions of order. (o) Gambling. No licensee under this article may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punch boards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under State law may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to State law. (p) Prohibited goods. No licensee under this article shall accept any item of property which contains an altered or obliterated serial number or "operation identification" number or any item or property whose serial number has been removed. In addition, no personal property shall be kept on the licensed premises other than property entered in the book or journal pursuant to Subsection (a)(1) of this section or store fixtures, equipment and supplies reasonably necessary for the operation of the business. (q) Proper identification. A licensee under this article shall not accept items of property unless the seller or pledgor provides to the pawnbroker or precious metal dealer one of the following forms of identification: (1) A valid driver's license; (2) A State Minnesota identification card. No other forms of identification shall be accepted. (r) Redemption period. The date by which an item of property that has been pawned must be redeemed by the pledgor without risk that the item will be sold must be a day on which the pawnbroker or precious metal dealer is open for regular business. PROOFSPage 140 of 423 (s) Oversized items. All items must be stored within the licensed premises building, except the City may permit the licensee to designate one locked and secured warehouse building within the City within which the licensee may store only cars, boats and other motorized vehicles. No item may be stored in the designated warehouse building that is not reported in the journal pursuant to this sectionSubdivision 12 hereof. The licensee shall permit immediate inspection of the warehouse at any time during business hours by the City and failure to do so is a violation of this article. Oversized items may not be stored in parking lots or other outside areas. All provisions in this article regarding recordkeeping and reporting shall apply to oversized items. (t) Off-site sales/storage. All items accepted by a licensee at a licensed location in the City shall be for pledge or sale through a licensed location in the City. No licensee under this article shall sell any items which are transferred from a non-licensed facility or a licensed facility outside the City. (Code 1988, § 6.45(12); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-401. Restrictions regarding license transfer. Each license under this article shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, live or assign a license to another person. (Code 1988, § 6.45(13); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-402. Suspension or revocation of license. (a) The City Council may suspend or revoke a license issued under this article upon a finding of a violation of: (1) Any of the provisions of this article; (2) Any State statute regulating pawnbrokers or precious metal dealers; (3) Any Federal, State or local law relating to moral character and repute; or (4) Any local, State or Federal law relating to receiving stolen property, sale of stolen property or a controlled substance, burglary, robbery, theft, or damage or trespass to property. Any conviction by the pawnbroker or precious metal dealer for theft, receiving stolen property, or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. (b) Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker or precious metal dealer. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 40 days. The notice may be served upon the pawnbroker or precious metal dealer by United States mail addressed to the most recent address of the business in the license application. (Code 1988, § 6.45(14); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 16-403. Prohibited acts. No pawnbroker or precious metal dealer licensed under this article shall: (1) Lend money on a pledge at a rate of interest above that allowed by law; (2) Possess stolen goods; (3) Sell pledged goods before the time to redeem has expired; (4) Refuse to disclose to the pledgor, after having sold pledged goods, the name of the purchaser or the price for which the item sold; (5) Make a loan on a pledge to a minor; (6) Purchase property from a minor. (Code 1988, § 6.45(15); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) PROOFSPage 141 of 423 Sec. 16-404. Effect of nonredemption. (a) A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within at least 60 days of the date of the pawn transaction, renewal, or extension shall automatically be forfeited to the pawnbroker, and qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker. (b) The pawnbroker's right, title, and interest in the pledged goods under Subsection (a) of this section is qualified only by the pledgor's right, while the pledged goods remain in possession of the pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees and/or interest accrued up to the date of redemption. (c) A pawn transaction that involves holding only the title to the property is subject to Minn. Stats. ch. 168A or 336. Sec. 16-405. Permitted charges. (a) Notwithstanding any other statute, ordinance, rule, regulation, or Minn. Stats. § 325J.13, a pawnbroker may contract for and receive a pawnshop charge not to exceed three percent per month of the principal amount advanced in the pawn transaction plus a reasonable fee for storage and services. A fee for storage and services may not exceed $20.00 if the property is not in the possession of the pawnbroker. (b) The pawnshop charge allowed under Subsection (a) of this section shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. However, if full payment is made more than two weeks before the next succeeding date, the pawnbroker shall remit one-half of the pawnshop charge for that month to the pledgor. (c) Interest shall not be deducted in advance, nor shall any loan be divided or split so as to yield greater interest or fees than would be permitted upon a single, consolidated loan or for otherwise evading any provisions of this section. (d) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount permitted under this section, shall be uncollectible and the pawn transaction shall be void. (e) A schedule of charges permitted by this section shall be posted on the pawnshop premises in a place clearly visible to the general public. Sec. 16-406. Records; prohibitions. A pawnbroker and any clerk, agent, or employee of a pawnbroker shall not: (1) Make any false entry in the records of pawn transactions. (2) Falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee's pawn transactions. (3) Refuse to allow the appropriate law enforcement agency, the attorney general, or any other duly authorized State or Federal law enforcement officer to inspect the pawn records or any pawn goods in the person's possession during the ordinary hours of business or other times acceptable to both parties. (4) Fail to maintain a record of each pawn transaction for three years. (5) Accept a pledge or purchase property from a person under the age of 18 years. (6) Make any agreement requiring the personal liability of a pledgor or seller, or waiving any provision of this subdivision, or providing for a maturity date less than one month after the date of the pawn transaction. (7) Fail to return pledged goods to a pledgor or seller, or provide compensation as set forth in Minn. Stats. § 325J.09, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than 60 days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged goods pursuant to Minn. Stats. § 325J.06, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency. PROOFSPage 142 of 423 (8) Sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledgor or seller in the same, or a related, transaction. (9) Sell or otherwise charge for insurance in connection with a pawn transaction. (10) Remove pledged goods from the pawnshop premises or other storage place approved by City at any time before unredeemed, pledged goods are sold pursuant to Minn. Stats. § 325J.06. Sec. 16-407. Redemption; risk of loss. Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor shall be entitled to redeem or repurchase the pledged goods described on the ticket. In the event the goods are lost or damaged while in possession of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or civil action. Sec. 16-408. Motor vehicle title pawn transactions; special provisions. (a) In addition to the other requirements of this article, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: (1) Be licensed as a used motor vehicle dealer under Minn. Stats., 1995, § 168.27, and post such license on the pawnshop premises; (2) Verify that there are no liens or encumbrances against the motor vehicle with the State Department of Public Safety; and (3) Verify that the pledgor has automobile insurance on the motor vehicle as required by law. (b) A pawnbroker may not sell a motor vehicle covered by a pawn transaction until 90 days after recovery of the motor vehicle. Sec. 16-409. Existing pawnshops. Each pawnshop existing on the effective date of the ordinance from which this article is derived shall conform to all provisions of this article including, but not limited to, application for a license, payment of the investigative fee, and post the requisite bond; provided, however, that such existing pawnshop shall have 120 days after the effective date of the ordinance from which this article is derived to pay the license fee required by Section 16- 398(a)(1). If such existing pawnshop goes out of business on or before the expiration of such 120-day period, no fee shall be payable. (Code 1988, § 6.45(16); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Sec. 17. Violation a misdemeanor. Every person who violates a section, subdivision, paragraph or provision of this Chapter, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 6.45(17); Ord. No. 65, 2nd series, 5-16-1991; Ord. No. 485, 2nd series, 8-3-2012) Secs. 16-410--16-431. Reserved. ARTICLE XV. GAMBLING* *State law reference—Lawful gambling, Minn. Stats. § 349.11 et seq.; local regulation of lawful gambling, Minn. Stats. § 349.213. Sec. 16-432. Definitions. Pursuant to Minn. Stats. ch. 349, the State regulates and licenses lawful gambling within the State. The provisions of said Chapter 349 relating to definition of terms are hereby adopted and made a part of this article as PROOFSPage 143 of 423 if set out in full. (Code 1988, § 6.46(1)) Sec. 16-433. Exempt gambling. The terms of this article shall not apply to those organizations exempt from State licensing pursuant to Minn. Stats. § 349.166. (Code 1988, § 6.46(2)) Sec. 16-434. Licensing and investigation fee. Organizations required to obtain a license for gambling operations from the State shall also obtain a license from the City by filling out an application form provided by the City. Licenses issued by the City shall be good for a term of one year from January 1 to December 31. Only those organizations eligible for a gambling license issued by the State and which are located within the City shall be approved to conduct lawful gambling operations within the City. Organizations applying for a license to conduct lawful gambling in the City shall pay an investigation fee of $250.00; organizations renewing such a license shall pay an investigation fee of $100.00. Said fee shall be paid along with the submission of its application to the City Clerk. The fee shall reimburse the City for its cost incident to a background investigation of the organization. (Code 1988, § 6.46(3)) Sec. 16-435. Charitable contribution. Any organization licensed by the State to conduct lawful gambling ("licensed organizations") shall make a specific contribution of 10 percent from its net profits derived from lawful gambling operations within the City to a fund administered by the City. For the purposes of this section, the term "net profits" means profits less amounts expended for allowable expenses. Such contribution shall be paid monthly into a fund administered and regulated by the City. All sums received into the fund shall be distributed by the City for a "lawful purpose" as defined in Minn. Stats. ch. 349. Such contribution shall be paid monthly, not more than 20 days after the end of the month. Such payment shall be accompanied by a report containing the following information upon such form as may be required by the City: (1) Total amount of receipts from lawful gambling operations within the City during the reporting period. (2) The total amount of prizes actually paid out by the organization during the reporting period from such gross receipts. (3) The total amount of money expended for allowable expenses attributable to such gross receipts. (4) The amount of net profits derived from lawful gambling operations during the reporting period attributable to such gross profits. (5) The signature of the person filing the return. (6) The period covered by the return. (Code 1988, § 6.46(4)) Sec. 16-436. Responsible parties. The gambling manager of a licensed organization shall be exclusively responsible for the timely filing of all reports, license renewals or other documents required by this article. (Code 1988, § 6.46(5)) Sec. 0. Revocation and temporary suspension of license. The Council may revoke any gambling operation license issued under this section upon a showing of cause at a public hearing after the licensee has received timely notice thereof and has an opportunity to examine all witnesses in support of revocation of his license and the opportunity to present witnesses on his behalf. Notice may be given in the same manner as that prescribed for service of process under the Minnesota Rules of Civil Procedure for the District Courts. PROOFSPage 144 of 423 Upon a finding of necessity and probable cause therefore, the Council may temporarily suspend any gambling operation license issued under this section until it can give notice and hold a hearing on the revocation of the license in accordance with the preceding paragraph of this subdivision. Such temporary suspension may not exceed 30 days. (Code 1988, § 6.46(6); Ord. No. 72, 2nd series, 1-1-1992) Secs. 16-437--16-455. Reserved. ARTICLE XVI. SEXUALLY ORIENTED BUSINESSES* *State law reference—Adult entertainment establishments, Minn. Stats. § 617.242. Sec. 16-456. Generally. (a) Purpose and objectives. The City Council finds that: (1) Sexually oriented businesses have adverse secondary characteristics, particularly when they may be accessible to minors or are located near residential properties or schools, day care centers, libraries or parks, and that such business can exert a dehumanizing influence on persons attending or using such places or facilities. (2) Sexually oriented businesses can contribute to an increase in criminal activity in the area in which they are located, taxing city crime prevention programs and law enforcement services. (3) Sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for city residents. (4) The concentration of sexually oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating; other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the City's tax base and contribute to overall urban blight. (5) The regulation of sexually oriented businesses by prescribing licensing requirements is warranted to prevent criminal activity and promote public health. Further, the prevention of criminal activity and the promotion of public health requires intensive efforts with respect to sexually oriented businesses which exceed those required to control and regulate other business activities in the City. (b) Terms. The following terms have the meanings provided by Chapter 113, pertaining to zoning: (1) Accessory sexually oriented sales. (2) Adult body studio. (3) Adult bookstore. (4) Adult cabaret. (5) Adult companionship establishment. (6) Adult conversation/rap parlor. (7) Adult health/sport club. (8) Adult hotel or motel. (9) Adult mini-motion picture theater. (10) Adult modeling studio. (11) Adult motion picture arcade. PROOFSPage 145 of 423 (12) Adult motion picture rental or sales. (13) Adult motion picture theater. (14) Adult novelty sales. (15) Adult sauna/bathhouse/steam room. (16) Sexually oriented businesses. (17) Specified anatomical areas. (18) Specified sexual activities. Sec. 0. Purpose. The City Council finds licensure necessary for all Sexually Oriented Businesses to ensure the safety, health, and welfare of the community and to ensure the careful compliance with land use regulations set forth in Section 11.50 of the Zoning Code. Licensure is required due to the nature and content of the products and services offered and sold within Sexually Oriented Businesses, and due to any potential negative effects brought to a community by a Sexually Oriented Business as outlined in Subdivision 1 of Section 11.50 of the Zoning Code. (Code 1988, § 6.49(1)) Sec. 0. Definitions. For purposes of this section, these terms shall be defined as follows: A. Accessory Sexually Oriented Sales: Sales accounting for less than five percent of the floor area, up to a maximum of 50 square feet, of an otherwise permitted business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) devoted to materials or persons depicting, exposing, describing, discussing or relating to Specified Sexual Activities or Specified Anatomical Areas, and is available for barter, rental, or sale for off the premises use only. Accessory Sexually Oriented Sales do not include the sale of instruments, devices or paraphernalia which are used or designed for use in connection with Specified Sexual Activities. In order to qualify, Accessory Sexually Oriented Sales shall at all times be out of view by any persons under the age of 18, and hereunder, they shall be restricted from and prohibit access to persons under age 18 by physical separation, except for sales of print media, which shall be displayed with a completely opaque cover excluding the media's title, and shall be kept a minimum of five feet off the floor. Any business with accessory sexually oriented sales not meeting the requirements of this definition shall be considered a Sexually Oriented Business, subject to all requirements for such businesses. B. Licensee: Any person, sole proprietorship, partnership, or corporation holding a license to operate a sexually oriented business. C. Licensed Premises: Any location for which a license has been granted by the Council for the operation of a sexually oriented business. Such a location must be within those portions of the City approved for sexually oriented business in Section 11.50 of the Code. D. Premises: Any business location not approved for the operation of a sexually oriented business. Such designation shall not preclude the future operation of a sexually oriented business. E. Sexually Oriented Business: An inclusive term describing collectively the following retail, entertainment, or service oriented businesses: 1. On-site entertainment provided by live entertainers characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, commonly known as, but not limited to, an Adult Cabaret, Adult Entertainment Facility, Strip Club, Show Girls, Adult Modeling Studio, or a Lingerie Studio. Such characteristics may be determined by advertising patterns or actual performances. 2. Adult motion picture theatres with capacity greater than 50 persons, emphasizing or predominately showing movies depicting Specified Anatomical Areas or Specified Sexual Activities as its regular and substantial course of conduct. 3. Adult media stores wherein six percent or more of its gross public floor area or stock-in-trade consists of PROOFSPage 146 of 423 media, including but not limited to, magazines, books, DVDs, videotapes, movies, slides, or CD-ROMs that are characterized by their emphasis on Specified Sexual Activities or Specified Anatomical Areas. 4. Adult Video Arcades (Mini-Motion Picture Theater) that have capacity for 50 or fewer persons and emphasize or predominately show movies or clips depicting Specified Anatomical Areas or Specified Sexual Activities, often in semi-private viewing booths, as its regular and substantial course of conduct. 5. Sex Shops that are establishments offering goods for sale or rent and meet one of the following criteria: a. More than five percent of a business's stock in trade or gross public floor area consists of media characterized by emphasis on Specified Sexual Activities or Specified Anatomical Areas; or b. Sales of lingerie marketed or presented in a context to suggest use for sadomasochistic practices; or c. Sales of leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; or d. Sales of instruments, devices, paraphernalia or general retail products either designed as complete or partial representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs. F. Specified Anatomical Areas: Less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, and female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered. G. Specified Sexual Activities: Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Code 1988, § 6.49(2)) Sec. 16-457. License required. No person may own, operate, or manage a sexually oriented business within the City unless the person holds a valid license under this article. Such a license requirement is not intended to and shall not unreasonably restrict the opportunity for sexually oriented businesses to locate in the City. A license shall not be required for accessory sexually oriented sales. (Code 1988, § 6.49(3)) Sec. 16-458. License applications. (a) Procedure. The application for a license under this article shall be made on a form supplied by the City Manager or his designee. The provisions of Chapter 113, pertaining to zoning, shall apply to all licenses required by this article and to the holders of such licenses. In addition to the information required by Chapter 113, the All forms shall be complete and shall include all information requested, as follows: (1) For all applicants: a. Whether the applicant and owner is a natural person, corporation, partnership, or other form of organization. b. Name, address, phone number and date of birth of the applicant or owner and the operator or manager of such operation who shall be responsible for all code compliance, if different from applicant or owner. c. The legal description and address of the premises where the sexually oriented business is to be located. d. A floor plan of the premises which details all internal operations and activities including a statement of the total floor space occupied by the sexually oriented business. The floor plan need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. e. A site plan of the premises for which the license is sought, showing dimensions, locations of PROOFSPage 147 of 423 buildings, site and building lighting, street access, and parking facilities. f. A building elevation drawing which shows exterior construction, proposed building signs, materials and colors of the proposed sexually oriented business. Signs for the sexually oriented business shall be prohibited from displaying specified anatomical areas or specified sexual activities. g. The name of the business. If the business is to be conducted under a designation, name, or style other than the name of the applicant, a certified copy of the certificate required by Minn. Stats. § 333.01 shall be submitted. h. The activities and types of business to be conducted. i. The intended hours of operation. j. The names, residences and business addresses of three persons, residents of the State, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to regarding the applicant's character. k. Whether all taxes due and owing on the premises to be licensed have been paid. l. Abstractor's certificate of property ownership of the subject parcel and all parcels within 500 feet of the subject parcel. m. Whether the applicant is licensed in other cities or has had a license revoked, or has been denied a license, to conduct any of the activities required to be licensed under this article; and, if so, when and where the applicant is or was so licensed, has had a license revoked or has been denied a license within the previous five years. (2) If the applicant is a natural person: a. The name, place and date of birth, street and city address, and phone number of the applicant and operator/manager. b. Whether the applicant and operator/manager have ever used or has been known by a name other than his current name, and if so, the name or names used and information concerning the dates and places where used any such names were used. c. The All street and city addresses at which the applicant and operator/manager have lived resided during the preceding five two years. d. The type, name and location of every business or occupation in which the applicant, the applicant's spouse and the operator/manger have been engaged during the preceding five two years and the name and addresses of all of their employers and partners, if any, for the preceding five two years. e. Whether the applicant, applicant's spouse and operator/manager have ever been convicted of a felony, crime, or violation of any ordinance other than for minor traffic movement violations. If so, they shall furnish information as to the time, place, and offense for which there they were convictions convicted. (3) If the applicant is a partnership: a. The name and addresses of all general partners and the operator/manager and all of the information concerning each general partner and the operator/manager that is required of applicants in Subsection (a)(2) of this section. b. The name of the managing partner and the interest of each partner in the business. c. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stats. § 333.01, a certified copy of such certificate shall be attached to the application. d. The address of the partnership, including all registered addresses and primary business addresses used in the past five years. (4) If the applicant is a corporation or other organization: PROOFSPage 148 of 423 a. The name of the corporation or business form, and if incorporated, the state of incorporation. b. A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement, Operating Agreement, and Bylaws and any other governing documents setting forth the rights and obligations of the applicant's owners. shall be attached to the Application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minn. Stats. § 303.06, shall be attached. c. The name of the all members, managers, proprietors, or owners, officers, directors, governors, principals, operators and any other agents (collectively, "agents") in charge of the business and all of the information concerning each manager, proprietor or agent that is required of applicants in Subsection (a)(1)b of this section. d. A statement detailing any felony criminal convictions by the owners of more than five percent of the issued and outstanding stock of the corporation, and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities. e. The address of the partnership, including all registered addresses and primary business addresses used in the past five years. (b) Failure to supply information. Failure to complete or supply the information set forth in Subsection (a) of this section may cause an application for a license to be denied. __ Fees (Code 1988, § 6.49(4)(A)) Sec. 16-459. License and investigations fees. (a) Application fee. (1) The annual license application fee shall be set by the Council. (2) The license application fee shall be paid in full before the application for a license is accepted. All fees shall be paid to the City Manager or his designee for deposit into the general fund of the City. Fees shall be nonrefundable. (3) When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license by the issuing authority or upon the date an occupancy permit is issued for the building. (b) Investigation fee. (1) At the time of each original application for a license, the applicant shall pay an investigation fee as set by the Council. If any investigation outside the State is required, the applicant shall be charged the full cost of any out-of-State investigation. (2) At Any time an additional investigation is required because of a change in the ownership or management, the licensee shall pay all additional investigation fees. If any investigation outside the State is required, the applicant shall be charged the full cost of the out-of-State investigation. (3) If at any time an additional investigation is required to obtain an amendment to the license, the licensee shall pay all additional investigation fees. (c) Execution. (1) If the application is that of a natural person, the application shall be signed and sworn to by that person; if of a corporation or other entity, by an officer or director thereof; if of a partnership, by one of the general partners; if of an unincorporated association, by the manager or managing officer thereof. (2) Application for a license under this article shall be submitted to the City Manager or his designee. Within 30 calendar days of receipt of a completed application and payment of all licensing application fees, the City Manager or his designee shall verify all information requested of the applicant in the application including the ordering of criminal background checks, and conduct any necessary investigation to ensure compliance with this article. The period for investigation may be extended by the Council if an out-of- PROOFSPage 149 of 423 State investigation is required, but only to the extent reasonably required to complete such investigation. (d) Consideration and appeals. (1) The Council shall accept or deny the license after presentation of a completed license verification and investigation report by the City Manager or his designee. If the application is denied, the applicant shall be notified in writing by certified mail at the address provided on the application form. Such notice shall inform the applicant of the his right to request an appeal before the Council within 20 business days of the license denial or his right to immediately challenge a license denial in a court of law. The Council shall hear the appeal at the first scheduled meeting following the completion and submittal of a request for appeal form provided the applicant by the City Manager or his designee. (2) If the Council grants such a license, the City Manager or his designee shall issue a license pursuant to a resolution of the Council granting such license. (3) If the Council grants a license for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. (Code 1988, § 6.49(4)(B)--(D)) Sec. 16-460. Basis for denial. The City Manager or his designee shall issue a license pursuant to a resolution of Council granting said license. Such a resolution shall be based on the findings that none The Council shall deny a license under this article if any of the following conditions exist with respect to the applicant: (1) The applicant is under the age of 21 at the time the application is submitted; (2) The applicant, the applicant's spouse, or any of the applicant's operators, partners or agents failed to supply all of the information requested on the license application; (3) The applicant or applicant's spouse is overdue in his payment of City, County or State taxes, fees, fines or penalties; (4) The applicant gave false, fraudulent, or untruthful information on the license application; (5) The applicant, spouse, or anyone residing with the applicant has had a sexually oriented business license revoked or suspended or has been denied a license to operate an sexually oriented business within a one- year period immediately preceding the date the application was submitted; (6) The applicant or the applicant's spouse has a crime had a conviction of a felony or a gross misdemeanor or misdemeanor relating to sex offenses, obscenity offenses, or adult uses in the past five years; (7) The applicant has an operator or manager who is not eligible for a license pursuant to this article; (8) The spouse of the applicant is ineligible for a license pursuant to this article or the applicant is not the real party in interest or beneficial owner of the sexually oriented business operated, or to be operated, under the license; (9) The sexually oriented business does not meet all of the requirements prescribed in the City Code, Building Code, Fire Code, this article and all provisions of State and Federal laws; or (10) The premises to be licensed as a sexually oriented business is currently licensed by the City as a massage therapy business under this chapter, or an establishment licensed to sell alcoholic beverages under Chapter 4. (11) The applicant or the applicant's spouse operated a sexually oriented business determined to be a public nuisance within the past year. (12) The applicant is a business entity not authorized to conduct business in the State. (13) The applicant has not obtained a required license for the City or any other State, local or Federal government authority. (Code 1988, § 6.49(5)) PROOFSPage 150 of 423 Sec. 16-461. License renewal. (a) All licenses issued under this article shall expire on December 31 of each year. Applications for the renewal of an existing license shall be submitted to the City Manager or his designee no later than November 1 of each year. (b) Within 30 calendar days of receipt of a fully completed renewal application, the City Manager or his designee shall verify all information requested of the applicant in the renewal application, including the ordering of criminal background checks, and shall conduct any necessary investigation to assure compliance with this article. The Council shall then proceed to issue a renewal license within 60 days of receipt by the City Manager or his designee of a fully completed renewal application, except in cases where the licensee is found to be out of compliance with this article. (c) If the Council denies a renewal application, the City Manager or his designee shall notify the applicant by regular mail, stating the grounds for denial and means for appeal to either the Council or a court of law. (d) If the City denies renewal of a license under this article, the applicant shall not be issued a license under this article for one year from the date of denial. (Code 1988, § 6.49(6)) Sec. 16-462. Scope and general requirements of license. (a) Business location. (1) Posting of license. A license issued under this article must be posted in a conspicuous place in the licensed premises for which it is used. (2) Scope of license. A license issued under this article is only effective for the compact and contiguous space specified in the approved license application. (3) Maintenance of order. A licensee and licensee's designated operator or manager under this article shall be responsible for the conduct of the business being operated. This shall require An operator or manager shall be present to be on the licensed premises during all hours when the business is open to the public. He shall be observant of any illegal activity taking place on or near the licensed premises, including, but not limited to, prostitution, public indecency, indecent exposure, disorderly conduct, or the sale or use of illegal drugs. He shall immediately notify the City Police Department upon witnessing any said illegal activity. Any omission of notification of illegal activity to the operator or manager If an operator or manager fails to notify the police of any known illegal activity by an employee or independent contractor, shall failure shall be considered an act of omission by the licensee and shall result in sanctions against the licensee, including possible revocation of the license. (b) License transfer restrictions. A license granted under this article is for the person and the licensed premises named on the approved license application. No license may be transferred from place to place, person to person, or entity to entity corporation to corporation. Any sale, purported transfer or relocation shall require a new application and approval under the terms of this article before the business may operate. No sexually oriented business may operate without a valid license. (c) Change in partnership, corporation, or association. (1) Licenses issued to corporations, associations, and partnerships or other business entities shall be valid only so long as there is no change in the officers, directors, partners, ownership, or management of the company corporation, unless such change is approved by the Council, in which event said license shall continue in force until the end of the current year. Any entity undergoing such a change in ownership shall submit written notice of the change to the Council requires 60 days notice prior to the change taking effect any change in officers, ownership, or management to give reasonable consideration to any such changes' effects. Said notice shall require all application information required on the license application for any new officers, owners, or managers. Said notice and shall designate an interim officer, owner, or manager in said notice. (2) The designation of a new operating officer shall not cause the corporation's license to become invalid before a decision is rendered by the Council provided proper notice and application are completed have PROOFSPage 151 of 423 been submitted. A proposed new operating officer shall be referred to as the interim operating officer. In the event an interim operating officer is rejected by the Council, the corporation shall designate another interim operating officer and make the required application within 15 calendar days of the Council's decision. (d) Change in building, premises, and character of business. An application for approval of any proposed enlargement, change in character of the establishment, or extension of previously licensed premises shall be made to the City Manager or his designee before the application is made for a building permit for any such change. Such alterations require an amendment to the license. A building permit shall not be issued until the Council approves an amendment to the license. (e) Hours of operation. No licensed premises shall be open to the public for business between the hours of 1:00 a.m. and 10:00 a.m. (f) Restriction regarding persons under age 18. Licensee shall not allow persons under the age of 18 years to enter the licensed premises. The licensee shall require age identification from all persons entering the licensed premises, unless the licensee knows said persons to be over the age of 18. Should persons under age 18 enter the licensed premises, the licensee shall immediately remove said persons from the licensed premises or shall be sanctioned as outlined in this article. (g) Sanitation and health. (1) Partitions facilitating sexual activity. A licensee under this article shall not allow any partition between a subdivision, portion, or part of the licensed premises having any aperture which is designed or constructed to facilitate specified sexual activities between persons on either side of the partition. (2) Restrictions on booths, stalls, and partitions. A licensee under this article shall not have on the licensed premises any booths, stalls, or partitions used for the viewing of motion pictures or other forms of entertainment that have doors, curtains, or portal partitions, unless such booths, stalls, or partitions have at least one side open to an adjacent public room so that the area inside the booth, stall, or partition is visible to persons in the adjacent public room. Such booths, stalls, or partitions shall be well lit and visible from the adjacent public rooms. Reclining surfaces inside booths, stalls, or partitions are prohibited. Such booths, stalls, or partitions shall only be occupied by one person at a time. (3) Distance requirement for live adult entertainment. All performers, dancers, and persons providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed premises or in areas adjoining the licensed premises where such entertainment can be seen by patrons of the licensed premises shall remain at all times a minimum distance of 10 feet from all patrons, customers, or spectators and shall dance or provide such entertainment on a platform intended for that purpose, which shall be raised at least two feet from the level of the floor on which patrons or spectators are located. (4) Interaction with patrons. No person providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed premises shall come into physical contact with any spectator or patron. (5) Duty to supervise. The licensee shall not permit specified sexual activities to take place on the licensed premises and shall be responsible for supervision of the licensed premises and prevent any such activities. (h) Right of inspection. Prior to issuance of an initial license or renewal license, a health inspector, police officer, building inspector or a City designee must shall inspect the licensed premises for compliance with this article and applicable building and health codes. Any health inspector, police officer, building inspector or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect and search the licensed premises of any licensee hereunder at any time without a warrant. (Code 1988, § 6.49(7)) Sec. 16-463. Sanctions for violations. (a) Suspension. The City Council may suspend a license issued pursuant to this article for up to 90 days if the City Council determines that a licensee or the licensee's designated operator or manager has committed any of PROOFSPage 152 of 423 the following: (1) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (2) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (3) Any violation of this article. (4) A crime, resulting in conviction directly related to the occupation or business conducted by the licensee upon the licensed premises as defined by Minn. Stats. § 364.03, subd. 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties required by the occupation or business conducted by the licensee upon the licensed premises as defined by Minn. Stats. § 364.03, subd. 3. (5) Conduct of business or operation upon the licensed premises in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. (b) Revocation. The City Council may revoke a license if the City Council determines that: (1) The licensee's license was suspended in the preceding 14 months and an additional cause for suspension as detailed listed in Subsection (a) of this section is found by the City Council to have occurred within the 14 month period; (2) The licensee gave false or misleading information in the material submitted to the City during the application process; (3) A licensee or an employee or independent contractor of the licensee has knowingly allowed possession, use, or sale of controlled substances on the licensed premises; (4) A licensee or an employee or independent contractor has knowingly allowed prostitution on the licensed premises; (5) A licensee violated any of the provisions of Minn. Stats. §§ 617.241-617.299 relating to the illegal distribution, possession, or sale of obscene materials; (6) A licensee or an employee or independent contractor of the licenses knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended. (7) A licensee or licensee's operator or manager has been convicted of an offense listed in Section 16-460(6) for which the time period required has not elapsed; (8) On two or more occasions within a 12-month period, a person committed crime an offense occurring in or on the licensed premises of a crime listed in this section for which a conviction has been obtained, and the person was an employee or independent contractor of the licensee at the time the offenses were committed; (9) A licensee or an employee or independent contractor of the licensee has knowingly allowed specified sexual activities to occur in or on the licensed premises; or (10) A licensee is or becomes delinquent in payment to the City, County, State or Federal governments for hotel occupancy taxes, ad valorem taxes, sales taxes, real property taxes or other financial obligations. (c) Hearing procedures. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing before the City Council. The City shall provide notice shall give at least eight days' notice of the time and place of the public hearing and shall state the nature of the charges against the Licensee violations that constitute the basis for the revocation or suspension. The notice shall be mailed to the licensee at the most recent address listed on the most recent application. (Code 1988, § 6.49(8); Ord. No. 322, 2nd series, 3-25-2005) PROOFSPage 153 of 423 Secs. 16-464--16-494. Reserved. ARTICLE XVII. HOTELS AND LODGINGHOUSES Sec. 16-495. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Hotel: means Every building or structure or enclosure, or any part thereof, kept, used as, maintained as, or advertised as, or held out to the public to be an enclosure where sleeping accommodations are furnished to the public and furnishing accommodations for periods of less than one week. Lodginghouse: means Every building or structure or any part thereof, kept, used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public as regular roomers for periods of one week or more and having five or more beds to let to the public. (Code 1988, § 10.82(1)) Sec. 0. License required. It is unlawful for any person to keep, maintain or operate a hotel or lodginghouse without a license therefor from the City. (Code 1988, § 10.82(2)) Sec. 16-496. Regulations incorporated by reference; unlawful act. Regulations of the State Department of Health relating to hotels and lodginghouses are hereby incorporated herein and made a part hereof as though set forth verbatim herein. One copy of such regulations shall be kept on file in the office of the City Clerk and open to inspection during regular office hours. It is unlawful to violate any provision of such regulations. (Code 1988, § 10.82(3)) Sec. 16-497. Inspection. The City may inspect all hotels and lodginghouses to determine compliance with laws and regulations relating thereto. (Code 1988, § 10.82(4)) Sec. 0. Animals - unlawful act. It is unlawful for any guest to keep, or any operator of a hotel or lodginghouse to permit keening, any wild or domesticated animal in any room therein. This subdivision does not apply to trained seeing-eye, hearing-ear, or guide dogs, provided, that the guest is responsible for any damage done by the dog. (Code 1988, § 10.82(5)) Sec. 16-498. False registration; unlawful act. It is unlawful for any person to register in a hotel under a false or assumed name or to fraudulently misrepresent the number of persons occupying the accommodation. (Code 1988, § 10.82(6)) Sec. 16-499. Hotel registrations. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Hotel is An operation furnishing sleeping or overnight stopping accommodations for transient guests, including a recreational camping area, cabin camp, lodginghouse, tourist rooms, motel, hotel, mobile home park or resort. (b) Registration required. It is unlawful for any person to register at any hotel, or cause any other person or PROOFSPage 154 of 423 persons to be registered in any hotel, under any false name or address, or assumed name or address or under any other than their true name or address; and it is also unlawful for any persons, who are not in fact husband and wife, to register or cause or permit themselves to be registered as husband and wife at any hotel. (c) Falsifying number in party. It is unlawful for any person to register at any hotel in such manner as to incorrectly designate the number and names of other persons in the party who will also be occupying the room for which registration is being sought; nor shall any person registered at any hotel permit or allow any other persons who have not been designated in the registration as persons intended to occupy such room to occupy the same. (d) Hotel duties. Every person operating a hotel shall provide and keep thereat a suitable guest register or equivalent for the registration of all guests provided with sleeping accommodations or other overnight stopping accommodations therein, and every such guest shall be registered therein. The hotel operator shall cause to be registered in ink in such register book or equivalent the name of and address of the guest and every person, if any, with such guest as a member of the party, the designation of the lodging unit occupied by each person staying at such hotel, and if traveling by motor vehicle, the make of such vehicle, and the license plate number carried on the vehicle, including the name of the state issuing such official plate. In addition, at the time of registrant's first registration and in all subsequent events where the registrant is unknown to the operator at the place of registration, the hotel operator shall verify the name and home address of the guest by requiring that the guest display to the operator a valid driver's license, current identification card, or identification sufficient to verify the guest's name and home address and the operator shall enter in the guest register the identification number and issuing authority of the driver's license or identification card. (e) Guest registration. Every person, upon arriving at any hotel and applying for guest accommodations shall furnish to the operator or other attendant in charge of such hotel, the registration information necessary to complete this registration in accordance with the requirements of Subsection (d) of this section, and shall not be provided with accommodation unless and until such information shall be so furnished. The registrant shall be responsible for room charges, and any damages incurred by the hotel because of the registrant's or the registrant's guest's behavior during the period listed for occupancy. (f) Registration records, inspection. The registration records provided in this section shall be open to the inspection of all law enforcement officers of the State and its subdivisions. (Code 1988, § 10.82(7)) Sec. 6.31. Dances. __ Definitions As used in this section, the following words and terms shall have the meanings stated: __ Public Dance: means any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing, which fee may be in the form of a club membership, or payment of money, directly or indirectly. __ Public Dancing Place: means any room, place, or space open to public patronage in which dancing, wherein the public may participate, is carried on and to which admission may be had by the public by payment, directly or indirectly, of an admission fee or price for dancing. __ License Required It is unlawful for any person to operate a public dancing place, or hold a public dance, without a license therefor from the Council. __ Statutes Adopted by Reference Minnesota Statutes, Sections 624.42 through 624.54, inclusive, are hereby adopted by reference as though set forth verbatim herein. (Code 1988, § 6.31) Sec. 6.32. Shows. __ License Required PROOFSPage 155 of 423 It is unlawful for any person to present any public show, movie, caravan, circus, carnival, amusement ride, theatrical or other performance or exhibition without first having obtained a license therefor from the City. __ Exceptions No license shall be required in the following instances: __ Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, and primarily for the students thereof only. __ Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only. __ Any performance or event in, or sponsored by, bona fide local church and nonprofit organizations, provided that such organization shall be incorporated. (Code 1988, § 6.32) Sec. 6.47. Lawn fertilizer application licensing. __ The City and the Bassett Creek Water Management Commission have conducted studies and have reviewed existing data to determine the current and projected water quality of various lakes within the community. The data indicates that lake water quality may be maintained or improved if the City regulates the amount of lawn fertilizer and other chemicals entering the lakes and streams as a result of stormwater runoff or other causes. The purpose of this ordinance is to set forth regulations that will restrict the amount of fertilizers containing phosphorous that may be applied to lawns in the City. __ Definitions. For the purpose of this section, certain terms and words are defined as follows: __ Commercial Applicator: is a person who is engaged in the business of applying fertilizer for hire. __ Fertilizer: means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. __ Noncommercial Applicator: is a person who applies fertilizer (during the course of employment), but who is not a commercial lawn fertilizer applicator. __ Pesticide: means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. __ Administrator: The individual responsible for overseeing the requirements of the City Code. For purposes of this section of the code, the administrator shall be the City Manager or his designee. __ Regulations For Commercial Lawn Fertilizer Applicators __ License Required. No person shall engage in the business of commercial lawn fertilizer applicator within the City unless a license has been obtained from the Administrator. __ License Application Procedure. Applications for licenses shall be submitted on forms provided by the City and shall include: __ Product Material Safety Data Sheet. A copy of Material Safety Data Sheet, including product chemical analysis of the intended lawn fertilizer. __ Minnesota State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of pesticides and fertilizers. __ License Fee. The license fee shall be determined by the City Council and fixed by a resolution, a copy of which shall be in the office of the City Manager and uniformly enforced. The license fee shall not be prorated. __ Conditions of License. Commercial lawn fertilizer applicator licenses shall be issued subject to the PROOFSPage 156 of 423 following conditions which shall be specified on the license form: __ Random Sampling. Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer applications to be applied within the City at any time. __ Possession of License. The commercial lawn fertilizer license, or a copy thereof, shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. __ Possession of Product Material Safety Data Sheet. A copy of product Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. __ State Regulations. Licensee shall comply with the provisions of the Minnesota Pesticide Control Law as contained in the Minnesota Statutes Chapter 18B. __ General Regulations __ Time of Application. Neither commercial applicators nor noncommercial applicators may apply lawn fertilizer when the ground is frozen or when conditions exist which will promote or create runoffs. __ Sample Analysis Cost. The cost of analyzing fertilizer samples taken from commercial applicators shall be paid by the commercial applicators if the sample analysis indicates that phosphorous content exceeds the levels authorized herein. __ Prohibition Regarding Phosphorous Content In Fertilizers. No person shall apply any lawn fertilizer, liquid or granular, within the City which contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: __ The naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost. __ Or as otherwise provided in Subdivision 5 hereof. __ Impervious Surfaces and Drainageways. No person shall apply fertilizer to impervious surfaces, drainage ditches, or waterways. __ Buffer Zone. Fertilizers and pesticides shall not be applied below the Ordinary High Water level of water bodies as established by the Minnesota Department of Natural Resources, or within 15 feet of any wetland or water resource. __ Exemption To Phosphorous Prohibition. The prohibition against use of fertilizer containing any quantity of phosphorous under Subdivision 4 shall not apply to: __ Newly established turf and lawn areas during first growing season; or __ Turf and lawn areas which have been confirmed by soil testing to be below phosphorous levels established by the University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorous in excess of that which is recommended in the soil test evaluation. __ Phosphorous applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil so that it is immobilized and protected from loss by runoff. __ Penalty. Any person violating this section shall be guilty of a petty misdemeanor. The City may revoke a commercial applicator's license for repeat violations of this section (Code 1988, § 6.47; Ord. No. 221, 2nd series, 3-30-2000) Sec. 6.48. Public swimming pool licensing. __ Definitions The terms "swimming pool', "public swimming pool" and "private swimming pool" shall have the meanings established in Section 4.08 of the City Code. PROOFSPage 157 of 423 __ License Required. A person shall not operate or maintain public swimming pools, hot tubs, spas or fixed- in-place wading pools unless the operator has obtained a Public Pool License to operate it. A license issued expires on April 30 of each year unless otherwise revoked for cause. A license applicant and licensee shall comply with this section and applicable Minnesota Department of Health rules in order to receive and retain a license. A license is valid only for the person to whom it is issued, and no licensee may transfer or attempt to transfer its license to another person. License fees shall be established by Ordinance of the City Council. __ Health and Safety __ Public swimming pools, spas and hot tubs shall be installed, operated and maintained in accordance with rules and regulations of the Minnesota Department of Health relating to public swimming pools and entitled Public Swimming Pool Rules, Chapter 4717. __ A public swimming pool shall be under the supervision of the licensee who is responsible for compliance with this section. __ When the swimming pool is not open for use, access to the pool shall be prohibited. __ Operations __ The licensee of each public swimming pool shall keep a daily record of operational information including disinfectant residuals, pH, maintenance procedures, recirculation, and other data as may be required by the City and the Minnesota Department of Health Public Swimming Pool Rules, Chapter 4717. This data shall be kept on file by the licensee for six months and shall be made available for review by the City upon request. __ The pumps, filter, disinfectant and chemical feeders, and related appurtenances shall be kept in operation whenever the public swimming pool is in use and for such additional periods as needed to keep the pool water clear and of satisfactory bacterial quality. For swimming pools having a capacity of 200,000 gallons or more, this equipment shall be continually operated during periods of regular use. __ When any of the following conditions are found, a public swimming pool shall be immediately closed when ordered by the City and placarded to indicate that it has been closed: __ the proper number of safety equipment units, as required by the Minnesota Department of Health rules, are not provided; __ the water clarity is such that a black disc, six inches in diameter, is not readily visible when placed on a white field at the deepest point of the pool; __ the disinfectant residual is found to be below the acceptable levels established in the Minnesota Department of Health rules; or __ any other condition which endangers the health, safety, or welfare of the public. The pool shall remain closed until the conditions are corrected and verified by the City. __ Inspections. The City has the right of entry at any reasonable hour to inspect a public swimming pool, its related equipment, and the adjacent areas to ensure compliance with all provisions of this section. __ Enforcement. The City Manager or his designee is authorized to enforce the maintenance, operation and licensing provisions of this section. (Code 1988, § 6.48; Ord. No. 294, 2nd series, 4-30-2004) PROOFSPage 158 of 423 Chapter 17 RESERVED PROOFSPage 159 of 423 Chapter 18 OFFENSES AND MISCELLANEOUS PROVISIONS Sec. 1.12. Untruthful or fraudulent statements in an application. It is a misdemeanor for any person making an application or certifying something as true or factual under any part of this Code to make a false statement of fact or to falsely certify something as correct or factual when it is not. (Code 1988, § 1.12) Sec. 18-1. Dangerous weapons and articles. (a) Acts prohibited. It is unlawful for any person to: __ Recklessly handle or use a gun or other dangerous weapon or explosive so as to endanger the safety of another; or (1) Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; (2) Manufacture or sell for any unlawful purpose any weapon known as a slung-shot or sand club; (3) Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; (4) Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; __ Sell or have in possession any device designed to silence or muffle the discharge of a firearm unless specifically authorized in writing by the Director of Public Safety; or (5) Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive; (6) Furnish a minor under 18 years of age with a firearm, air gun, ammunition, or explosive without the written consent of the parent or guardian of such minor or of the City Manager or his designee Department of Public Safety; or (7) Possess, sell, transfer, or have in possession for sale or transfer, any weapon commonly known as a throwing star, nun chuck or sharp stud. For the purposes of this subsection: a. The term "throwing star" means a circular metallic device with any number of points projecting from the edge; b. The term "nun chuck" means a pair of wood sticks or metallic rods separated by chain links attached to one end of each such stick or rod; and c. The term "sharp stud" means a circular piece of metal attached to a wrist band, glove, belt or other material which protrudes one-fourth inch, or more, from the material to which it is attached, and with the protruding portion pyramidal in shape, sharp or pointed. (b) Exception. Nothing in Subsection (a) of this section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums or collectors of art. (c) Discharge of firearms and explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks prohibited by State or Federal law, air gun, air rifle, or other similar device commonly referred to as a BB gun. (d) Exception. Nothing in Subsection (c) of this section shall apply to a display of fireworks by an organization or group of organizations authorized in writing by the Council, or to a peace officer in the discharge of duty, or to a person in the lawful defense of person or family. This section shall not apply to the discharge of firearms in a range authorized in writing by the Council nor to other discharge of firearms specifically authorized in writing by the City Manager or his designee Director of Public Safety. PROOFSPage 160 of 423 (e) Possession and sale of fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, except as allowed in Subsection (d) of this section, any firecrackers, sky rockets or other fireworks prohibited by State or Federal law. __ Exposure of Unused Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same accessible to children, without removing the doors, lids, hinges or latches. (f) Use of bow and arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the City Manager or his designee Director of Public Safety, or a bow and arrow range authorized by the Council. (Code 1988, § 10.20; Ord. No. 355, 2nd series, 12-15-2006) Sec. 10.21. Prohibited drugs. __ Definitions. The following terms, as used in this section, shall have the meanings stated: __ Deliver: means sale, offer for sale, barter, exchange, administering, dispensing, giving away, distributing, or supplying in any other manner. The term deliver as herein defined shall include the attempt to do such acts as well as the actual completed commission thereof. __ Patient: means as the case may be (a) the individual for whom a prohibited drug is prescribed or to whom a prohibited drug is administered, or (b) the owner or the agent of the owner of any animal for which a prohibited drug is prescribed or to which a prohibited drug is administered. __ Practitioner: means a person currently licensed in the State of Minnesota to prescribe and administer any of the prohibited drugs as defined above. __ Pharmacist: means a person currently licensed in the State of Minnesota as a registered pharmacist. __ Prescription: means a written or oral order by a practitioner to a pharmacist for a prohibited drug. __ Manufacturer: means persons other than pharmacists who lawfully prepare drugs in dosage forms by mixing, compounding, encapsulating, entableting, or other process. __ Wholesaler: means persons lawfully engaged in the business of distributing prohibited drugs to persons included in any of the classes named in Subdivision 3 of this section. __ Warehouseman: means persons who lawfully store prohibited drugs, for others and who have no control over the disposition of such drugs or stimulants except for the purpose of such storage. __ Other terms as defined in Minnesota Statutes, Sections 152.01 and 152.02. __ Unlawful Possession, Delivery or Purchase. It is unlawful for any person to have in possession, purchase or to deliver any prohibited drug except on a lawful prescription by a practitioners or as a manufacturer, wholesaler or warehouseman. __ Excepted Lawful Businesses and Professions. This section shall not apply to the following in the ordinary course of their trade, business, or profession: practitioners; pharmacists; manufacturers; pharmacists as manufacturers; wholesalers; warehouseman; persons engaged in transporting such prohibited drugs as agent or employee of a practitioner, pharmacist, manufacturer, warehouseman, wholesaler, common carrier; public officers or public employees in the performance of official duties requiring possession or control of such prohibited drugs, or persons aiding such officers or employees in the performance of such duties; any patient as herein defined with respect to procuring, possession and use of a prohibited drug in accordance with the terms of a prescription and prescribed treatment; persons who procure, possess or use such drugs for the purpose of lawful research, teaching or testing, and not for sale; or, lawfully licensed and registered hospitals or bona fide institutions wherein sick or injured persons are cared for and treated, or by bona fide hospitals for the treatment of animals. __ Unlawful Procuring, Purchase, Delivery or Possession. It is unlawful for any person to attempt to possess or have in control or possession, purchase, or deliver a prohibited drug in any of the following manners: (1) by PROOFSPage 161 of 423 fraud, deceit, misrepresentation or subterfuge; or, (2) by the forgery or alteration of a prescription; or, (3) by the concealment of a material fact; or, (4) by the use of a false name or the giving of a false address; or, (5) by making a false statement in any prescription, order, report, or record relative to a prohibited drug; or, (6) by falsely assuming the title of, or falsely representing any person to be a manufacturer, wholesaler, warehouseman, pharmacist, practitioner or other person; or (7) by making, issuing or uttering any false or forged prescription. __ Confiscation and Disposition of Prohibited Drugs. Any prohibited drugs found in the possession of any person convicted of a violation of this section shall be confiscated and shall be forfeited to the Director of Public Safety who shall make proper and timely disposition thereof by destroying the same. __ Use of Original Containers and Labels Required. All patients having possession of any prohibited drugs, by lawful prescription of practitioner while such prohibited drugs are lawfully in such person's possession, shall keep such drugs in the original container in which they were delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. (Code 1988, § 10.21) Sec. 18-2. Disorderly conduct--Generally. It is unlawful for any person, in a public or private place, knowing, or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following: __ Engage in brawling or fighting; or __ Disturb an assembly or meeting, not unlawful in its character; or __ Engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others; or (1) Knowingly engage in, offer, or attempt to engage in, aid or assist another to engage in, or congregate because of lewd, lascivious or immoral conduct; or the use of words which are slanderous and tend to injure the reputation of others, obscene, or personally abusive and inherently likely to provoke a violent reaction or tend to incite an immediate breach of the peace; (2) Whether or not posted with signs so prohibiting, voluntarily enter the waters of any river or public swimming pool at any time when said waters are not properly supervised by trained life-saving personnel in attendance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover his person and equal to the standards generally adopted and accepted by the public; (3) Urinate or defecate in a place other than: a. If on public property, then in a plumbing fixture provided for that purpose; b. If on the private property of another, then in a plumbing fixture provided for that purpose; or c. If on private property not owned or controlled by another, then within a building; __ Lurk, lie in wait, or be concealed in any building, yard or street with intent to commit any crime or misdemeanor; or __ Knowingly exhibit, sell, print, publish, distribute, or offer to sell or distribute, an obscene book, magazine, picture, photograph, film, or any other writing, image or article which is obscene; or knowingly perform or cause to be performed an obscene dramatic or musical production. "Obscene" for the purpose of this section is defined as follows: Material which the dominant theme of, taken as a whole, would be found by the average person applying community standards as appealing to the prurient interest; and which, taken as a whole, lacks serious literary, artistic, political, or scientific value; and which depicts or describes in a patently offensive way masturbation, excretory functions, lewd exhibition of the genitals or female breast, or ultimate sexual acts, normal or perverted, actual or simulated; or (4) Look, peer, or peep into any window, door, skylight, or other opening in a house, room, or building located on property not owned or controlled by such person with intent to observe the actions of PROOFSPage 162 of 423 occupants of any such house, room or building, or loiter around or within view of any such window, door, skylight or other opening for the purpose of observing the occupants thereof; (5) Cause the making or production of an unnecessary noise by shouting or by any other means or mechanism including the blowing of any automobile or other vehicle horn; (6) Use a sound amplifier upon streets and public property without prior written permission from the City; (7) Use a flash or spotlight in a manner so as to annoy or endanger others; (8) Cause defacement, destruction, or otherwise damage to any premises or any property located thereon; (9) Strew, scatter, litter, throw, dispose of or deposit any refuse, garbage, or rubbish unto any premises except into receptacles provided for such purpose; or (10) Enter any motor vehicle of another without the consent of the owner or operator. __ Fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so, by the owner, or person in charge thereof, or by any law enforcement agent or official; provided, however, that this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government official who may be present thereon at that time in an official capacity, nor shall it include the spouse, children, employee or tenant of such owner or occupier. (Code 1988, § 10.60) Sec. 18-3. Same--In or on school, church or public buildings and grounds. __ Defacement of Buildings or Grounds. It is unlawful for any person to mark with ink, paint, chalk or other substance, or post handbills on, or in any other manner deface or injure any school, church or public buildings or grounds, or mark, deface, or injure fences, trees, lawns, or fixtures appurtenant to or located on the site of such buildings, or post handbills on such fences, trees or fixtures, or place a sign anywhere on any such site. (a) Breach of peace on grounds. It is unlawful for any person to willfully or maliciously make or assist in making on any grounds adjacent to any school, church or public building or structure any noise, disturbance or improper diversion or activity by which peace, quiet and good order shall be disturbed. (b) Offensive language and conduct. It is unlawful for any person to use offensive, obscene, or abusive language or engage in boisterous or noisy conduct tending reasonably to arouse alarm, anger or resentment in others on any school, church or public grounds or in buildings or structures thereon. __ Improper Conduct. It is unlawful for any person to, in any school, church or public building or on the grounds adjacent to the same, disturb or interrupt the peace and good order of such school, church, public building or grounds. It is also unlawful for any person, upon the request of a teacher or other person in charge of school, church or public buildings or grounds, to leave said building or premises, to neglect or refuse so to do. No person, having been ordered by a school official to leave a school, and having left said premises, shall reenter said school without the written permission of the school principal or the school official who gave the order to leave the school. __ Occupying or Entering School Buildings. It is unlawful for any person to intentionally occupy or enter a public or private school building or any structure used for school purposes, without claim of right or consent of the school principal or the consent of one who has the right to give consent. __ Loitering on School, Church, or Public Property. It is unlawful for any person to remain in any structure used for church or public purposes or upon the grounds of any school, church or structure used for public purposes after being requested to leave the premises by a person lawfully responsible for the control of said premises. It is also unlawful for any person to loiter on any school, church or public grounds in any building or structure used for school, church or public purposes. (Code 1988, § 10.61) Sec. 18-4. Same--Additional prohibited acts. (a) It is unlawful for any reasonable person or persons to congregate on any private lands because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature PROOFSPage 163 of 423 as to disturb the peace, quiet or repose of other persons. Any owner or person in lawful possession or control of such private lands who has knowledge of the disturbance and fails to immediately abate said disturbance shall be guilty of a violation of this section. (b) It is unlawful for any person to congregate on any private lands of another because of, or participate in, any party or gathering of people in the absence of the owner of said private lands being present, without first having obtained written permission from the landowner or other person in lawful possession of such private lands. Such written permission shall at all times be in the possession of one or more persons at the site of such congregation. The document containing the written permission must bear the signature of the landowner and date of the permitted use. Failure to display written permission upon request shall be considered prima facie evidence of an absence of permission from the owner. (c) A violation of Subsection (a) or (b) of this section shall give a peace officer the authority to order all persons present, other than persons identifying themselves as the owner or person in lawful possession or control of such land, to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a peace officer shall be guilty of a violation of this section. (d) Specific noises. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely: (1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. (2) Radios, phonographs, etc. The using, operating, or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m., except when permitted by the City, shall be prima facie evidence of a violation of this section. (3) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial or political advertising or attracting the attention of the public to any building or structure (4) Gatherings, parties. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit wherein such party, or gathering, is taking place, except persons who have gone there for the sole purpose of abating the disturbance. (5) Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. (6) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (7) Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise. (8) Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with PROOFSPage 164 of 423 loading, or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers. (9) Construction or repairing of buildings. The erection (including excavation), demolition, alteration or repair of any building or highway or utility construction other than between the hours of 7:00 a.m. and 10:00 p.m., except for City public improvements after City Council notification or City emergency repairs. Snow removal is exempt from this section. (10) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (11) Hawkers, peddlers. The shouting or crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. (12) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. (13) Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets or other public places upon carts, drays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places. (14) Railroad and/or street railway engines or cars, operation thereof. The causing, permitting or continuing any excessive, unreasonable, unnecessary and avoidable noise in the operation of a railroad engine or car or of a street railway car at any time or place so as to annoy or disturb the quiet, comfort, health and repose of persons in any dwelling, hotel or other type of residence or any persons in the vicinity; or the creation of any loud or excessive noise or concussion in connection with the switching, coupling or uncoupling of railroad cars between the hours of 10:00 p.m. and 7:00 a.m., in such manner as to annoy or disturb the quiet, comfort and repose of persons in a residential area. (15) Piledrivers, hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m., of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric noise of other appliance, the use of which is attended by loud or unusual noise. (16) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (Code 1988, § 10.62; Ord. No. 337, 2nd series, 11-35-2005) Sec. 10.63. Curfew (delete per Municode Hennepin County ordinance). __ Definition As used in this section, "minor" means a person under the age of 18 years. __ Unlawful Acts __ It is unlawful for any minor person to loiter or be present upon the streets or public places unaccompanied by a parent or other person who has attained the age of majority and is in charge of such minor person, if such minor person (1) has not attained the age of 16 and it is between the hours of 10 p.m. and 5 a.m. of the day following, or (2) has attained the age of 16 but has not attained the age of 18 and it is between the hours of 12:00 o'clock midnight and 5:00 o'clock of the day following. __ It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor to allow or permit such minor person to be or loiter upon the streets or public places in violation of this section unless such minor is accompanied by a parent or guardian. __ It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor to be or loiter in such place in PROOFSPage 165 of 423 violation of this section unless such minor is accompanied by a person of lawful age having such minor in charge. This Subparagraph shall not be construed to permit the presence, at any time, of any person under age in any place where such presence is otherwise prohibited by law. __ Exceptions Such curfew shall not apply to any minor student who is lawfully attending school, church or community sponsored athletic, musical or social activities or events; nor shall it apply to any minor person actively engaged in lawful employment; nor shall it apply to any minor person on a direct route to or from such activity, event, or place of employment. (Code 1988, § 10.63) Sec. 18-5. Disorderly house. It is unlawful for any person to maintain, operate, or be present upon, premises with knowledge that unlawful sexual intercourse, prostitution, unlawful sales of beer or liquor (as defined in Chapter 4) or unlawful sales of drugs or controlled substances (as defined in Minn. Stats. ch. 152) are taking place thereon. (Code 1988, § 10.64) Sec. 10.65. Shoplifting. __ Unlawful Act. It is unlawful for any person to take and carry away any goods, wares or merchandise, from any business establishment, with intent to deprive the true and lawful owner thereof, and without paying the purchase Price therefor. __ Penalties __ If the purchase price of such goods, wares or merchandise is $25.00 dollars or less the defendant, upon conviction, shall be subject to a fine not to exceed $200.00 for the first offense. __ If the defendant has previously been convicted of shoplifting, theft or burglary, or if the purchase price of such goods, wares or merchandise exceeds $25.00 dollars the defendant, upon conviction, shall be punished as for a misdemeanor. (Code 1988, § 10.65) Sec. 10.66. Gambling. It is unlawful for any person (1) to permit upon premises owned or controlled by such person, or (2) to participate in, gambling by use of cards, dice, gaming tables, machines, or any other device, except such as are lawful or permitted by Minnesota Statutes. (Code 1988, § 10.66) PROOFSPage 166 of 423 Chapter 19 RESERVED Page 167 of 423 Chapter 20 PARKS AND RECREATION* *State law reference—General authority relative to parks,Minn. Stats. §412.221,subd.6;parks generally,Minn. Stats.ch. 448. ARTICLE I.IN GENERAL X Secs. 20-1--20-18. Reserved. \` ARTICLE II.PUBLIC CONDUCT IN PARKS Sec.20-19.Definitions. The following words,terms and phrases,when used in this article, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Parks:shall mean A park,public golf course,playground,beach,swimming pool,trail,nature area,recreation C center or any other areas in the City owned, leased, used or controll olly or in part, by the City for such oses as are designated by the Council as and for park use. (Code 1988,§ 10.83(1)) a Sec.20-20.Regulations. The provisions of this article all a t i City parks. (Code 1988,§ 10.83(2)(intro.¶)) Sec.20-21. Speed limit. No person shall operate a motor vehicle in any park n?r shall a motor vehicle be operated in any park driveway at a speed in excess of five miles per hou ,unless otherwise posted. (Code 1988,§ 10.83(2)(A)) . Y- Sec.20-22.Parking in proper arias. :, No person shall park any motor vehicle ms any place in public parks except in designated parking areas,nor between the hours of 10:00 p.m. and 6;00 a.m. unless otherwise posted, except at Brookview Community Center where parking is prohibited between the hours of 2:00 a.m.and 5:00 a.m. (Code 1988,§ 10.83(2)(B);Ord.No. 178,2nd series,6-11-1998) Sec.20-23.Fires. No fires shall be lighte lit or made in the park except in places provided for such purposes.All fires,whether wood or charcoal,must be completely extinguished before the person starting the fire leave the area.Alk -CtYee. 1 v+ �' a. (Code 1988,§ 10.83(2)(C)) ' Q PVW%-4 +-" Vvk alreg yAu4A- kae c►1015v01IC ia&'ksa Reev �.efiovj � Ctln d Ire Cl u i r•g r, cvo rk 1--� V'v--e- Sec.20-24.Fireworks and firearms. vdrrl�C vim• No person shall discharge any fireworks or firearms ther-ein without the written permission of the City Manager or his designee and without a permit,in the case of fireworks from the Fire Marshal, in the case of firearms,from the City Manager or his designee. (Code 1988,§ 10.83(2)(D)) Page 168 of 423 Sec.20-25.Nuisance. No person shall commit any nuisance or any offense against decency or public morals. (Code 1988, § 10.83(2)(F)) Sec. 20-26. Throwing objects. No person shall throw stones or rubbish of any kind in any lake,pool or watercourse,nor bathe,swim or wade except in designated areas,and at designated times. (Code 1988, § 10.83(2)(G)) same.See.0. Handbills and POSteFS. Ne pefson shall paste,affix or-inser-ibe any handbill or-pestef on any stfueture 1fly of stleh Pa (Godo 4998 § 10.83(2)(14)) Sec.20-27.Alcoholic beverages. No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the City Manager or his designee. r,.,,neil -pr--e ided w,.,,.o,.o that this c„w...,...,,...aph shall not applY to Br-eakview Golf Ceer-se and Br-eekview Cemmunity Center-. With r-espeet to GO Course and Br-eekview Gemmunity Center-, the Couneil shall, &offi time to time, by resolution pr-emulgate su-.-- fules,regulations and pelieies as it shall deem neeessafy to giiide, govern and eeatr-ol the 1-1-se And- eensumptieff of (Code 1988, § 10.83(2)(I)) Sec. 20-28.Bird-care. Url0 u P4IS't. � AKI' ti R•[s 4y d O Y�Q�-i-'g No person shall disturb or interfere with any animals kept or found therein. (Code 1988, § 10.83(2)(J)) Sec.20-29. Sales permits. No person shall sell any article whatever, unless he shall have a permit, lease or concession granted by the ,&�- 4IA4,v-% {- r4'u&.4-pbn tz�Q pa✓4yt,en4. (Code 1988, § 10.83(2)(K)) Sec.20-30.Games in proper areas. No person shall play any game of baseball, football, golf or other game therein, except in areas provided a,4-ed therefor. h r Q,r, a pprdJeeQ �S S area (Code 1988,§ 10.83(2)(L)) Or-. lea-5�%p ¢'e4r , WVCLSf- t 441 Sec.20-31.Dogs. O O Pg�'o► by C No dogs shall be allowed in any of the parks except on a harness or leash,and no owner or person in custody of a dog shall suffer or permit the dog to defecate upon public property without immediately removing the excrement and disposing of it in a sanitary manner. (Code 1988, § 10.83(2)(M)) Sec.20-32.Closing hours. The closing hour for the parks is 10:00 p.m. and all people will leave the park at or prior to that time unless special permission shall have been given by the City Manager or his designee Palk and neereation Dir-eetef for parties to remain longer therein. (Code 1988, § 10.83(2)(N)) Page 169 of 423 per-taining to or-in said pa-r-ks-. Sec.20-33.Obey authorized persons. gu 1 C V I►h LOS ) Pv( All persons shall obey all reasonable erdcrs or directions of the Parks and Recreation Director. (Code 1988,§ 10.83(2)(P)) Sec.20-34.Destruction of property. No person shall break, cut, mutilate, injure, remove or carry away any tree, plant, flower, shrub, rock, soil, sand,fence,benches,tables or any other property. (Code 1988,§ 10.83(2)(Q)) Sec.20-35.Unlawful acts. It is unlawful for any person to violate the regulations set forth in this article. (Code 1988, § 10.83(3)) PROOFSPage 170 of 423 Chapter 21 RESERVED PROOFSPage 171 of 423 Chapter 22 SOLID WASTE* *State law reference—Waste Management Act, Minn. Stats. ch. 115A; authority to prohibit litter, Minn. Stats. § 412.221, subd. 22(a)(2). ARTICLE I. IN GENERAL Secs. 22-1--22-18. Reserved. ARTICLE II. COLLECTION AND DISPOSAL Sec. 22-19. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compost: A mixture of decayed organic matter. Composting: An above-ground microbial process that converts yard waste to organic soil or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. Container: means A container designed to hold either garbage, litter, refuse, yard waste, or recyclables. Garbage: means Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Hauler: means Any person who shall offer to, or engage in the collection and/or transportation of garbage, refuse, yard waste or recycling from any house, apartment, public or private institution, or commercial establishment within the City, including all activities up to the time when the waste is delivered to a waste facility. Litter: means Garbage, recyclables and refuse. Recyclables: means Items of refuse designated by the County Department of Environment and Energy to be part of an authorized recycling program and which are intended for processing and remanufacture or reuse. Refuse: means All wastes (except body wastes), including, but not limited to, rubbish, paper, cardboard, ashes, rocks and construction material, normally resulting from the operation of a household or business establishment, but not including garbage, recyclables or yard waste. Woody Yard Waste: Hedge or tree trimmings and twigs (one-quarter inch diameter or greater) or Christmas trees which can be hauled to a commercial compost facility. Yard Waste: Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.), soft-bodied plants (flower and vegetable plants), hedge or tree trimmings and twigs (one-quarter inch diameter maximum), pine cones and needles. (Code 1988, § 10.40(1); Ord. No. 296, 2nd series, 5-28-2004; Ord. No. 361, 2nd series, 1-12-2007) Sec. 22-20. Littering prohibited. It is unlawful for any person who does not own, occupy, or control a parcel of property within the City to throw or deposit litter, yard waste or woody yard waste on any such property. (Code 1988, § 10.40(2)) Sec. 22-21. Owner to maintain premises free of litter; disposal required. The owner, occupant, and/or person in control of any private property, whether occupied or vacant, shall at all times maintain the premises free of litter; provided, however, that this article shall not prohibit the storage of litter in receptacles which meet the requirements of this article. Except to the extent permitted as composting under this article, every such person shall also provide for the regular disposal of garbage, recyclables, refuse, yard waste, and PROOFSPage 172 of 423 woody yard waste, which may accumulate upon such private property, including garbage, recyclables, refuse, yard waste and woody yard waste stored in receptacles which comply with this article, which disposal shall be accomplished in a sanitary manner. (Code 1988, § 10.40(3)) Sec. 22-22. Garbage, recyclables and refuse storage. The owner, occupant, and/or person in control of any private property, business establishment, or industry, shall be responsible for the satisfactory storage of all garbage, recyclables and refuse accumulated at the premises, business establishment, or industry. (1) Garbage shall be stored in durable, rust-resistant, nonabsorbent, watertight, rodent-proof, and easily cleanable containers, with close-fitting, fly-tight covers. (2) Refuse shall be stored in durable containers or as otherwise provided in this article. Where garbage is stored in combination with refuse, containers for the storage of the mixture shall meet the requirements for garbage containers. (3) Toxic or hazardous wastes shall be stored in the proper containers which are adequately labeled in a safe location and in compliance with the regulations of Federal, State and City governments, and their regulatory agencies. (4) All containers for the storage of garbage, recyclables and refuse shall be maintained in such a manner as to prevent the creation of a nuisance or menace to public health. Containers that are broken or otherwise fail to meet requirements of this article shall be replaced with acceptable containers. (5) Garbage, recyclables, refuse, yard waste or woody yard waste objects or materials too large or otherwise unsuitable for storage containers shall be stored in a sanitary manner, in compliance with the regulations of Federal and State government and their regulatory agencies, and in compliance with the City Code. The owner, occupant and/or person in charge of the premises, business establishment, or industry shall arrange the disposal of such garbage, recyclables, refuse, yard waste or woody yard waste objects or materials as soon as practically possible; provided, however, that, except for yard waste and woody yard waste which shall be accomplished in 40 days, in all other cases such disposal shall be accomplished within 10 days of the date on which such materials were first stored on such premises, business establishment, or industry, unless a longer period of storage is specified by the regulations of a Federal or State government, or their regulatory agencies, or unless such owner, occupant, and/or person in charge of such premises, business establishment, or industry obtains a permit to store such garbage, recyclables, refuse, yard waste or woody yard waste objects or materials for a longer period from the City Manager or his designee. The City Manager or his designee shall issue a permit for a longer period of storage only upon a showing of need for such storage and satisfactory evidence that such storage will not endanger the health or safety of any person or create a nuisance. (Code 1988, § 10.40(4); Ord. No. 296, 2nd series, 5-28-2004) Sec. 22-23. Location of containers--Residential zoning districts. Containers shall be stored no more than three feet from the primary or accessory structure and shall at all times be located behind the front of the primary structure. Containers may be placed at the curb from 5:00 p.m. the day prior to collection to 9:00 p.m. the day of collection. (Code 1988, § 10.40(5)) Sec. 22-24. Same--Commercial establishments and multiple dwelling units. Any bulk or box type container used for the storage of solid waste or recyclables must be fully screened from view of the public right-of-way, public park, or residential area. In no event shall containers be placed next to the street or be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Recycling containers less than one cubic yard in capacity do not need to be screened from view of the public right- of-way, but must be placed on a paved surface. Baled recyclables must be stored out of view from the public right- of-way other than a 24-hour time period before a scheduled collection. PROOFSPage 173 of 423 (Code 1988, § 10.40(6); Ord. No. 361, 2nd series, 1-12-2007) Sec. 22-25. Composting. Composting is permitted only on residential properties having up to four dwelling units provided that all of the following conditions are met: (1) Permitted composting materials. Only yard waste, straw, fruit and vegetable scraps, coffee grounds or egg shells generated from the site on which the compost is located are permitted composting materials. In addition, commercially available ingredients specifically designed to speed or enhance decomposition can be placed in the composting structure. (2) Prohibited composting materials. The following materials shall not be placed in the composting structure: woody yard waste, meat, bones, fat oils, whole eggs, dairy products, unshredded branches or logs, weeds heavily loaded with seeds, plastics, synthetic fibers, human or pet wastes, diseased plants, or any other garbage or refuse except for those permitted in Subsection (1) of this section. (3) Composting structure. All composting materials must be contained in a bin which may be constructed of wood, wire mesh, a combination of wood and wire or in commercially fabricated compost bins designed to contain composting materials. Maximum of one structure is allowed per lot. (4) Composting structure size. Composting shall be conducted within an enclosed structure not to exceed a total of 500 cubic feet (for example, 10 feet by 10 feet by five feet) in volume. The maximum height of the composting structure shall be five feet. (5) Location. The composting structure shall be located in the rear yard of the property, and be at least five feet from the property line, or 35 feet if the property line is also a street line, and no closer than 20 feet to any habitable building, other than the residents' own home. (6) Maintenance. The compost shall be managed in keeping with standard compost practices which include providing adequate air circulation to prevent combustion and objectionable odors to adjacent properties. (7) Nuisance. The operation of composting in a manner that results in objectionable odors and/or the placing of prohibited materials in a composting structure to create a health hazard is considered a public nuisance. (Code 1988, § 10.40(7); Ord. No. 296, 2nd series, 5-28-2004) Sec. 22-26. Enforcement. The City Manager or his designee, has responsibility for the enforcement of provisions of this article. (1) Warnings. The City or any of its haulers may issue a warning notice to any person observed not in compliance with any provisions of this article. Such warning may serve as the basis to reject noncompliant waste materials for collection. (2) Inspections. The City Manager or his designee shall inspect or investigate as necessary to determine whether an immediate health hazard exists as a result of a violation to this article. Such official may enter upon any land without the consent of the owner and without being subject to any action for trespass. However, if entry into enclosed buildings is necessary, such official shall obtain the consent of the owner, occupant, or person in control of such premises beforehand. If such permission cannot be obtained, such official shall obtain a warrant to enter said building based upon probable cause to believe that a violation of this article exists. The City Manager or his designee shall carry identification, in a form approved by the Council, and produce it at the request of any owner, occupant, or person in control of said premises. (3) City removal. a. If the owner of private property fails to maintain the property free of litter, refuse, yard waste or woody yard waste as required under this article, the City may remove the same and assess the cost for said removal. b. Prior to City removal of litter, refuse, yard waste or woody yard waste, the head of the City Manager or his designee, shall prepare and serve the property owner with a notice: 1. Describing the property and the violation; PROOFSPage 174 of 423 2. Setting forth a date by which the litter or waste must be removed (which in no event shall be earlier than 30 days from the date of notice); 3. Providing the option for a hearing before the Council (and setting forth the procedure for obtaining said hearing); and 4. Warning that cost of City removal may be assessed against the property. c. If the property owner desires a Council hearing, the hearing must be initiated by the property owner before the City commences abatement, and upon the owner's request for a hearing, the City staff shall take no action to abate the alleged violation. d. If a Council hearing is conducted, the Council may hear evidence from any interested party. If the Council determines a violation exists, it shall order a time period within which removal is required of the property owner and if said order is not fully complied with, then the City staff shall proceed to abate the violation and assess the costs therefore against the property. e. If no hearing before the Council is requested by the owner of the property and at least 30 days have lapsed since the notice date, the City may enter the property, remove the litter, refuse, yard waste or woody waste and assess the cost of removal against the property owner. If the City has removed said materials from property one or more time in the past two years, the notice as stated in Subsection (3)b of this section shall be reduced to a period of not more than 10 days. (Code 1988, § 10.40(8); Ord. No. 296, 2nd series, 5-28-2004; Ord. No. 361, 2nd series, 1-12-2007) PROOFSPage 175 of 423 Chapter 23 RESERVED PROOFSPage 176 of 423 Chapter 24 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* *State law reference—General authority relative to streets, Minn. Stats. § 412.221, subd. 6; roads generally, Minn. Stats. ch. 160. ARTICLE I. IN GENERAL Sec. 24-1. Franchises. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Franchise: as used in this section shall be construed to mean Any special privileges granted to any person in, over, upon, or under any of the streets or public places of the City, whether such privilege has previously heretofore been granted by it or by the State, or shall after this hereafter be granted by the City or by the State. (b) Franchise ordinances. The Council may grant franchises by ordinance. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All persons desiring to make any burdensome use of the streets or public places, inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon, or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating railways, telegraphing, or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the City or its inhabitants or any portion thereof, transportation facilities, water, light, heat, power, gas, telephone or any other such utility, or for any other purpose, shall be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. (Code 1988, § 2.72) (CODIFIER'S NOTE: The Storm Sewer Improvement District provision is listed in City Code, Chapter 25.) Secs. 24-2--24-20. Reserved. ARTICLE II. RIGHT-OF-WAY MANAGEMENT* *State law reference—Authority to manage right-of-way, Minn. Stats. § 237.163, subd. 2(b). Sec. 24-21. Findings and purpose. (a) Purpose. (1) To provide for the health, safety and well-being of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. (2) This article imposes reasonable regulations on the placement and maintenance of equipment and facilities currently within City rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of State and federal agencies. Under this article, persons excavating and obstructing the rights-of-way will bear the financial responsibility for their work. Finally, this article provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. (3) This article shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in the Minn. Stats. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws, Chapter 94 amending the Act and other laws governing applicable rights of the City and users of the right-of-way. This article shall also be interpreted consistent with Minnesota Rules 7819.0050--7819.9950 where possible (the "Rules"). To the extent any provision of this article cannot be interpreted consistently with the Act or Rules, that interpretation most consistent with the Act or Rules and other applicable statutory and case law is intended. This article shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect PROOFSPage 177 of 423 the health, safety and welfare of the public. (4) The City and the Three Rivers Park District have entered into a Cooperative and Joint Powers Agreement to provide for the development of a regional trail system within the City ("Agreement"). The right-of- way management provisions contained within this article shall be read and interpreted consistently with the terms of the Agreement. To the extent that terms of the Agreement conflict with this Code, the terms of the Agreement supersede the terms of this Code. (b) Election to manage the public rights-of-way. (1) Pursuant to the authority granted to the City under State and Federal statutory, administrative and common law, the City hereby elects, pursuant to Minn. Stats. § 237.163, subd. 2(b), to manage rights- of-way within its jurisdiction. (2) The term "manage the right-of-way" means the authority of the City to do any or all of the following: a. Require registration; b. Require construction performance bonds and insurance coverage; c. Establish installation and construction standards; d. Establish and define location and relocation requirements for equipment and facilities; e. Establish coordination and timing requirements; f. Require right-of-way users to submit to the City required project data reasonably necessary to allow the City to develop a right-of-way mapping system including GIS system information; g. Require right-of-way users to submit, upon request of the City, existing data on the location of the users' facilities occupying the public right-of-way within the City; h. Establish right-of-way permitting requirements for excavation and obstructions; i. Establish removal requirements for abandoned equipment or facilities, if required in conjunction with other right-of-way repair, excavation or construction; and j. Impose reasonable penalties for unreasonable delays in construction or work conducted without having been issued the necessary permits. (Code 1988, § 7.01; Ord. No. 239, 2nd series, 3-15-2001; Ord. No. 341, 2nd series, 3-17-2006) Sec. 24-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. References hereafter to "sections" are, unless otherwise specified, references to sections in this article. Defined terms remain defined terms carry their assigned meaning whether or not capitalized. Abandoned Facility: means A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. Applicant: means Any person requesting a permit to excavate or obstruct a right-of-way. Aerial: means A facility located or work done above any part of the right-of-way. City: means The City of Golden Valley, Minnesota. For purposes of this code, City means its elected officials, officers, employees and agents. Collocate or Collocation: To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the City or other government unit. Commission: means The State Public Utilities Commission. Congested Right-of-Way: means A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new PROOFSPage 178 of 423 underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minn. Stats. § 216D.04, subd. 3, over a continuous length in excess of 500 feet. Construction Performance Bond: means Any of the following forms of security provided at the permittee's option: (1) Individual project bond; (2) Cash deposit, in the form of cash or a cashier's check for non-registered applicants that are non- commercial residents of the City; (3) Security of a form listed or approved under Minn. Stats. § 15.73, subd. 3; (4) Letter of credit, in a form acceptable to the City; (5) Self-insurance, in a form acceptable to the City; (6) A blanket bond for projects within the City, or other form of construction bond, for a time specified and in a form acceptable to the City. Degradation: means A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation Cost: Subject to Minnesota Rules 7819.1100, means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown on the standard detail plates adopted by the City. Degradation Fee: means The estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Department: means The Physical Development Department of the City. Director: means The City Manager or his designee. Delay Penalty: is The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. Emergency: means A condition that: (1) Poses a danger to life or health, or of a significant loss of property; or (2) Requires immediate repair or replacement in order to restore essential service to a customer. Essential Service: means Natural gas, municipal water, municipal sanitary sewer or water, and electrical service or any other service shown to be necessary to the health, safety or well-being of the customer. Equipment: means Any tangible asset used to install, repair, or maintain facilities in any right-of-way, but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb. Excavate: means To dig into or in any way remove or physically disturb or penetrate any part of a right-of- way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. Excavation Permit: The permit which, pursuant to this article, must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation Permit Fee: Money paid to the City by an applicant to cover the costs as provided in this article. Facility or Facilities: means Any tangible asset in the right-of-way required to provide utility service. Five-Year Project Plan Capital Improvement Plan: Shows projects adopted by the City planned for construction within the next five years. High Density Corridor: means A designated portion of the public right-of-way within which right-of-way users have multiple and competing facilities may be required to build and install facilities in a common conduit PROOFSPage 179 of 423 system or other common structure. Hole: means An excavation in the right-of-way pavement, with the excavation having a length less than the width of the pavement. Local Representative: means A local person, or designee of such person, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this article. Management Costs: means The actual costs the City incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants, issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the City including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the City the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minn. Stats. § 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to this article. Obstruct: means To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit: The permit which, pursuant to this article, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-a-way, for the duration specified therein. Obstruction Permit Fee: Money paid to the City by a permittee to cover the costs as provided in this article. Patch or Patching: means A method of pavement replacement that is temporary in nature. A patch consists of the compaction of the subbase and aggregate base, and the replacement, in kind, of the existing pavement for a minimum of 18 inches beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the City's Five-Year Capital Improvement Plan. Pavement: means Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, or paver bricks. aggregate, or gravel Permit: Has the meaning given "right-of-way permit" in Minn. Stats. § 237.162. Permittee: means Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this article. Person: means An individual or entity subject to the laws and rules of this State, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate or political. Probation: means The status of a person that has not complied with the conditions of this article. Probationary Period: means One year from the date that a person has been notified in writing by the City that they have been put on probation. Registrant: means Any person who: (1) Has or seeks to have its permanent facilities located in any right-of-way; or (2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its permanent facilities or equipment in the right-of-way. Restore or Restoration: means The process by which a disturbed right-of-way and surrounding area, including pavement and foundation; and vegetation is returned to the same condition and life expectancy that existed before the commencement of the work. Restoration Cost: means An amount of money paid to the City by a permittee to achieve the level of restoration according to the requirements of the City. Right-of-Way or Public Right-of-Way: means The area on, below, or above any real property in which the City PROOFSPage 180 of 423 has an interest, including, but not limited to, a public roadway, street, cartway, highway, bicycle lane, public sidewalk, public park, or other public property place, area, or real property in which the City has an interest, including other dedicated rights-of-way for travel purposes and easements of the City. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. Right-of-Way Permit: means The permit for excavation or obstruction, or both, depending on the context, required by this article, that must be obtained before work in the right-of-way may begin. A right-of-way permit allows the holder to excavate or obstruct that part of the right-of-way described in the permit. Right-of-Way Permit Fee: means Money paid to the City by the applicant to cover the costs in provided in this article and as established annually by the City Council. Right-of-Way User: means (1) A telecommunications right-of-way user as defined by Minn. Stats. § 237.162, subd. 4; or (2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right- of-way; or (3) Any other person occupying the right-of-way. Service or Utility Service: Includes: (1) Those services provided by a public utility as defined in Minn. Stats. § 216B.02, subds. 4 and 6; (2) Services of a telecommunications right-of-way user, including transporting voice or data information; (3) Services of a cable communications systems as defined in Minn. Stats. ch. 238. Service Lateral: An underground facility that is used to transmit, distribute or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Small Wireless Facility: A wireless facility that meets both of the following qualifications: (1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (2) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. Supplementary Application: means An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. Temporary Surface: means The compaction of subbase and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the City's Five-Year Capital Improvement Plan for the next two years, in which it is considered full restoration. Telecommunications Rights-of-Way User: means A person owning or controlling a facility in the right-of- way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for providing wireless service or transporting telecommunication or other voice or data information. For purposes of this article, a cable communication system defined and regulated under Minn. Stats. ch. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stats. § 216B.02 a municipality, a municipal gas or power agency organized under Minn. Stats. chs. 453 and 453A, or a cooperative electric association organized under Minn. Stats. chs. 308A, are not telecommunications right-of- way users for purposes of this article except to the extent such entity is offering wireless service. Trench: means An excavation in the right-of-way, with the excavation having a length equal to or greater than PROOFSPage 181 of 423 the width of the corresponding lane of traffic or boulevard for the section of the roadway corridor where the work is occurring. For the purposes of this article, the term "trench" shall include direction boring and/or plowing. Two-Year Project Plan: Shows projects adopted by the City for construction within the next two years. Utility Pole: A pole that is used in whole or in part to facilitate telecommunications or electric service. Wireless Facility: Equipment at a fixed location that enables the provision of wireless services between users equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Wireless Service: Any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1994, as amended, including cable service. Wireless Support Structure: A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City. (Code 1988, § 7.02) Sec. 24-23. Administration. The Director is the principal City official as appointed by the City Manager responsible for the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. (Code 1988, § 7.03) Sec. 24-24. Specific regulations. (a) Grasses, forbs, shrubs and trees. The City Manager or his designee shall have control and supervision of all grasses, forbs, shrubs and trees upon or overhanging all right-of-way. The City Manager or his designee shall be responsible to plant or remove trees or other plants which are on City right-of-way except grass and low lying plants not greater than 12 inches in height above the ground. At his discretion, the City Manager or his designee shall have the ability to appoint private volunteers to complete the planting or removal of grasses, forbs, shrubs, and trees upon or overhanging any right-of-way. (b) Dumping in streets. It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon. It is a violation of this section to haul any such material, inadequately enclosed or covered, thereby permitting the same to fall upon streets. It is also a violation of this section to place or store any building or landscaping materials or waste resulting from building construction or demolition on any street. (c) Placing snow on a publicly dedicated right-of-way. (1) It is a misdemeanor for any person, not under contract with the City, by whatever means, to deposit snow on or across the improved portion of a publicly dedicated street, alley, sidewalk, bike path, trailway or parking area. (2) It is a misdemeanor for any property owner to allow any person, by whatever means, to deposit snow from such owner's property on or across the improved portion of a publicly dedicated street, alley, sidewalk, bike path, trailway or parking area. (d) Corner visibility. (1) Visibility shall be maintained at all street intersections. No person shall erect, construct, plant, nurture or maintain any building, structure or vegetation, except low lying plants and grasses in the corner visibility zone without the appropriate right-of-way permit to do so. Existing trees, shrubs and grasses must be maintained to provide, as determined by the City Manager or his designee, clear lines of sight through PROOFSPage 182 of 423 the corner visibility zone. This clear line of sight is generally considered to be between 30 inches above the gutter line and eight feet above the gutter line. The corner visibility zone is considered that area between the edge of pavement of intersecting streets and a line adjoining points on such lines 45 feet distant from their point of intersection, or in the case of a rounded corner, point of intersection of the tangents at the end points of the curve. (2) Upon information that any person is in violation of this article, the City Manager or his designee shall give written notice to have the items restricting visibility removed. If after receiving written notice to remove the items restricting visibility, the person fails to remove the offending object within the time specified in the notice, not less than 10 days, the City Manager or his designee shall remove the offending objects with City forces. All costs associated with this removal shall be billed to the property owner responsible for the obstruction. If the bill is not paid within 30 days of the invoice date, the unpaid costs may be assessed against the property pursuant to Minn. Stats. ch. 429. (e) Sidewalk and driveway construction. Upon issuance of a right-of-way permit by the City, a person may construct sidewalks and driveways within right-of-way adjacent to their property. This construction shall be at the expense of the property owner, and must conform to the requirements of the City. The permittee will be responsible for any damage to the street or right-of-way. At the time of application for a right-of-way permit, applicants, except for non-commercial residents of the City, must provide a construction performance bond in an amount to be determined by the City Manager or his designee, guaranteeing the work shall be in conformance with City specifications. The minimum amount of the construction performance bond shall be $5,000.00; and a certificate of insurance in the amounts of $100,000.00 to $300,000.00 liability, $25,000.00 property damage and evidence of adequate worker's compensation coverage. Non-commercial residents of the City who wish to perform any work in the right-of-way themselves shall post a $500.00 certified check, or a $5,000.00 construction performance bond, with the City Manager or his designee for one year following completion of the work as a guarantee that construction is performed according to the requirements of the City and insuring repair and replacement of any defective or deficient work. Additional submittals, as outlined in this article, may be required at the discretion of the City Manager or his designee. (f) Benches, advertising; registration and permit required. It is unlawful for any person to place or maintain courtesy benches, with or without advertising thereon, within a street right-of-way, without registration pursuant to this article and a right-of-way permit from the City Manager or his designee. (1) Conditions of permitting. a. The consent of the abutting property owners or lessees shall be required only where the proposed location of a bench is in an area where the abutting property is zoned residential or multiple dwelling; in such cases each permit application shall be accompanied by a written statement signed by the owners or lessees of the property abutting the street upon which each bench is proposed to be located, giving the applicant consent to the installation and maintenance of the bench at the proposed location. b. Whenever a permitted bench is sold or title or control transferred, the new owner or lessee shall obtain a new permit and shall register with the City. c. The application for placement or maintenance of any bench shall be denied if the City Manager or his designee finds that the proposed location would obstruct the right-of-way or obstruct corner visibility as outlined in this article. d. No permit shall be issued for the installation or maintenance of any bench that is not at a bus stop. e. It is the responsibility of the permittee to maintain each bench at all times in a safe condition at its proper location and to inspect each bench periodically in order that it may be properly maintained. Benches shall be kept in a neat, clean and usable condition. Ice and snow shall be removed from and around the benches so that each bench is accessible and usable at all times. Upon information that a bench is in violation of this article, the City Manager or his designee shall give written notice to have the bench maintained. If after written notice the permittee fails to maintain the bench within the time specified in the notice, the City Manager or his designee shall maintain the bench with City forces or by private contractor. If the City Manager or his designee determines that a bench PROOFSPage 183 of 423 poses a threat to public safety within the right-of-way, the bench shall be removed immediately and placed in storage by the City. The licensee will then be notified of the removal. All costs associated with maintenance shall be billed to the permittee. If the bill is not paid within 30 days of the invoice date, the permit and registration shall be revoked and all benches placed or maintained by the permittee shall be removed. After a bench has been removed, the City shall provide the permittee a 30-day written notice to retrieve the bench from City possession. If the bench is not retrieved by the specified date, the City will dispose of the bench as deemed appropriate by the City Manager or his designee. f. Bond and insurance. Permittees maintaining courtesy benches shall provide a bond and certificate of insurance as required by this Code. g. Upon the revocation or expiration of any permit without extension, if the permittee fails promptly to remove a bench, the City Manager or his designee may do so within 10 days after giving written notice to the permittee. If the permittee fails to pay the cost of removal and storage of the bench within a period of 60 days after giving such notice, the permittee's rights in the bench shall be forfeited, but such forfeiture shall not excuse the permittee from the payment of the cost of removal and storage of the bench. h. Each courtesy bench shall be installed parallel with the curb or street line and set back a minimum of two feet from the face of the curb or street line. No bench shall be more than 42 inches high nor more than 30 inches wide or seven feet long overall. (2) Advertising matter. a. No advertising matter or sign shall be displayed upon any bench except only upon the front surface of the backrest. No liquor, beer, tobacco, obscene, immoral or indecent advertising, or political advertising of any character, shall be permitted, and all advertising shall be subject to the approval of the City Manager or his designee. b. No advertising matter or sign on any bench shall display the words, "Stop," "Look," "Drive In," "Danger," or any other word, phrase or symbol which might interfere with, mislead or distract traffic. (g) Sign and traffic control device visibility. (1) Maintaining visibility. Visibility from the street of all street signs and traffic control devices shall be maintained. It is a misdemeanor for any person to erect, place, plant, grow, nurture, or maintain, any tree, shrub, vegetation, building, structure, fence, ornament, or object which obstructs the visibility of any street within 100 feet of such sign or traffic control device to the sign or traffic control device. (2) Removal authority; assessment of costs. a. Generally. Upon information that any person is acting or has acted in violation of this section, the City Manager or his designee shall give written notice to such person to cause the removal of any such object or vegetation creating such violation. If such person shall then fail to remove the offending object or vegetation within the time specified in the notice, not less than 10 days from the date of notice, the City Manager or his designee shall cause the same to be removed and bill the cost thereof to the person responsible for the violation. In the event such bill for costs is not paid within 30 days of the invoice date, the unpaid costs may be assessed against the affected real property pursuant to Minn. Stats. § 429.101. b. Removal from public right-of-way. In addition to the foregoing remedies to cause the removal of offending objects or vegetation, the City Manager or his designee shall also have the right to remove any object or vegetation of any type whatsoever from any public right-of-way within the City without notice to any person or abutting property owner whenever, in the sole judgment of the City Manager or his designee, any such object or vegetation constitutes a threat to the general public health, safety, and welfare as an obstruction to the free and safe passage of either vehicular or pedestrian traffic, and so long as any such object or vegetation is located either wholly or in part within any dedicated right-of-way, and no person shall be entitled to maintain any claim resulting PROOFSPage 184 of 423 from the removal of the same. Any object or vegetation which lies within any public right-of-way and which is concealed by snow, leaves, debris or other material of any type whatsoever shall be deemed prima facie to be a hazardous obstruction to the free and safe public passage of vehicular or pedestrian traffic and the City shall be entitled to remove the same without notice and without legal obligation for such removal. Following such removal, the City may bill the costs thereof to the person responsible for the violation. In the event such bill for costs is not paid within 30 days of the invoice date, the unpaid costs may be assessed against the affected real property pursuant to Minn. Stats. § 429.101. (h) Traffic calming zones. The City Manager or his designee may issue a permit for placing obstructions and planting trees and shrubs and other vegetation that may not be in compliance with portions of this article, provided these objects are placed within a portion of the right-of-way designated by the City as a traffic calming zone. The designation as a traffic calming zone shall be in the form of a resolution passed by the City Council and shall be based upon studies performed by or for the City. The study must clearly recommend the placement of obstructions and plantings to reduce vehicular speeds, increase vehicle safety, and create a safer environment for pedestrians within the corridor. The City Manager or his designee shall specifically consider the short and long term viability of the plantings and whether the plantings at maturity could present a public safety problem. (i) Reimbursement for damage to rights-of-way. Any person who soils or damages any public street, right- of-way, or any part thereof in the City shall reimburse the City for the cost of cleaning or repairing such soil or damage upon receipt of written notice from the City within 30 days from the receipt of said notice. Failure to respond to such notice by paying the City in full within 30 days of receipt shall constitute a violation of this Code. Receipt of said notice shall be effective upon mailing to the last known address of such person. (Code 1988, § 7.04; Ord. No. 239, 2nd series, 3-15-2001; Ord. No. 286, 2nd series, 11-14-2003; Ord. No. 329, 2nd series, 5- 20-2005; Ord. No. 338, 2nd series, 11-25-2005) Sec. 24-25. Registration and right-of-way occupancy. (a) Registration. Each person who occupies, uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the City annually. Registration will consist of providing application information, and paying a registration fee. (b) Registration prior to work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-way without first being registered with the City. (c) Location of facilities. All facilities shall be located, constructed and maintained so not to interfere in the right-of-way. (d) Exceptions. Nothing herein shall be construed to repeal or amend the provisions of Section 24-24 or other City Code provisions permitting persons to construct driveways, install landscaping, irrigation, buried fences or to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street. Persons planting or maintaining boulevard plantings or gardens that include annual and perennial plants or shrubs that do not exceed 12 inches in height, shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this article. However, excavations deeper than 12 inches for gardening purposes are subject to the permit requirements of this article. Nothing herein relieves a person from complying with the provisions of the Minn. Stats. ch. 216d, Gopher State One Call. (Code 1988, § 7.05) Sec. 24-26. Registration information. (a) Information required. The information provided to the City Manager or his designee at the time of registration shall include, but not be limited to: (1) Each registrant's name, Gopher State One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. PROOFSPage 185 of 423 (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance: a. Shall be on a form approved by the City; b. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State; c. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and placement and use of equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property; d. Naming the City as an additional insured as to whom the coverage required herein are in force and applicable and for whom defense will be provided as to all such coverage; e. Requiring that the City be notified 30 days in advance of cancellation of the policy; and f. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the City Manager or his designee in amounts sufficient to protect the City and carry out the purposes and policies of this article. g. The City may require a copy of the actual insurance policies. (4) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stats. § 300.06 as recorded and certified to by the Secretary of State. (5) A copy of the person's certificate of authority from the State Public Utilities Commission or other authorization or approval from the applicable State or Federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval certificate from said commission or other State or Federal agency. (6) Such other information as the City may require. (b) Notice of changes. The registrant shall keep all of the information listed in Subsection (a) of this section current at all times by providing to the City Manager or his designee information as to changes within 15 days following the date on which the registrant has knowledge of any change. (Code 1988, § 7.06) Sec. 24-27. Reporting obligations. (a) Operations. (1) Each registrant shall, at the time of registration and by January 1 of each year, file a construction and major maintenance plan for all facilities with the City Manager or his designee. Such plan shall be submitted using a format designated by the City Manager or his designee and shall contain the information determined by the City Manager or his designee to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. (2) The plan shall include, but not be limited to, the following information: a. The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a "next-year project"); and b. To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this section, a "five- year project"). PROOFSPage 186 of 423 c. The registrant shall map electronically upcoming major projects onto the County's established mapping application. Information on the mapping application can be obtained by contacting the County Permit Office. Mapping major projects is a condition of obtaining permits from the County. As of 2017, the County's established mapping application is UI2, Utility Infrastructure Integration. (3) The term "project" in this section shall include both next-year projects and five-year projects. (4) By January 1 of each year the City Manager or his designee will have available for inspection in the City's office a composite list of all projects of which the City Manager or his designee has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. (5) Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the City Manager or his designee and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant. (b) Additional next-year projects. Notwithstanding the foregoing, the City Manager or his designee will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the City Manager or his designee if the registrant has used commercially reasonable efforts to anticipate and plan for the project. (Code 1988, § 7.07) Sec. 24-28. Permit requirement. (a) Permit required. (1) Except as otherwise provided in this Code, no person may obstruct, construct retaining walls or landscaping, pave driveways or parking stalls, plant trees or shrubs; place courtesy benches, install irrigation, conduits, wires or other objects, or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained a right-of-way permit from the City Manager or his designee to do so. The right-of-way permit is valid only for the work, excavation or obstruction and specific duration included in the permit. (2) A small wireless facility requires a permit by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. (3) However, nothing in this article releases persons placing obstructions in the right-of-way that do not require permits from retaining maintenance responsibility for those obstructions. Persons placing non- permitted obstructions in the right-of-way accept full responsibility for damage to the obstructions due to maintenance or construction performed by the City or its representatives, and any damage caused by other parties. (b) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person: (1) Makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and (2) A new permit or permit extension is granted. (c) Delay penalty. In accordance with Minnesota Rules 7819.1000, subd. 3 and notwithstanding Subsection (b) of this section, the City shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, repair, or restoration. The delay penalty shall be established on an annual basis by City Council resolution. In addition to the delay penalty, the City reserves the right to perform repair and patching when delays pose a potential threat to public safety. (d) Permit display. Permits issued under this article shall be in the possession of the person performing the work at all times and shall be available for inspection by the City Manager or his designee. (e) Approved plans. Permittees must have a copy of the approved right-of-way plans available on the work Page 187 of 423 site at all times,these plans must be available for inspection by the City Manager or his designee. (Code 1988,§7.08;Ord.No.239,2nd series,3-15-2001;Ord.No.286,2nd series, 11-14-2003) Sec.24-29.Permit applications. Application for a permit is made to the City Manager or his designee. Right-of-way permit applications shall contain,and will be considered complete only upon compliance with the requirements of the following provisions: (1) Registration,when applicable,with the City Manager or his designee pursuant to this article; (2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all existing and a proposed facilities with all City utilities located vertically and horizontally; said plans must be prepared in accordance with the requirements of the City; ti (3) Payment of all money due to the City for: m a. Permit fees,estimated restoration costs,and other management costs; 3 b. Prior obstructions or excavations; C. Any undisputed loss, damage, or expense suffered by the City because of applicant's prior .cam excavations or obstructions of the rights-of-way or any a rgency actions or delay remedies taken by the City; d. Franchise fees or other charges,if applicable; or -o e. Payment of disputed amounts due the City by posting-secu or depositing in an escrow account an amount equal to at least 110 percent of the ainount owing; (4) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the City deems the existing construction Z performance bond inadequate under aQplicable standards. 3i (Code 1988,§7.09) Sec.24-30.Issuance of permit;conditio Z (a) Permit issuance. If an applit t led the requirements of this article, the City Manager or his c N designee may issue a permit. o ^ (b) Conditions. The a reasonable eenditiens upon the issuanee-of C� health,sacaty and welfiwe of the Public,A And it- . The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health,safety and welfare or when necessary to protect the right-of-wav and its current use. In addition, a permittee shall comply with all requirements of local, State and federal laws, including, but not limited to, Minn. Stats. �� 216D.01 through i� 216D..09 (Gopher One Call Excavation Notice System)and Minnesota Rules Chapter 7560. R1��* Small wireless facility conditions. In addition to Subsection(b)of this section,the erection or installation of a wireless support structure, the colocation of a small wireless facility, or other installation of a small wireless U facility in the right-of-way,shall be subject to the following conditions: (1) A small wireless facility shall only be colocated on the particular wireless support structure,under those 3 attachment specifications,and at the height indicated in the applicable permit application. 1 (2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without a, the City's written authorization,provided that the City may impose a lower height limit in the applicable permit to protect the public health,safety and welfare or to protect the right-of-way and its current use,and further provided that a zZ registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure (A of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility may extend more than 10 feet above its wireless support structure. (4) Where an applicant proposes to install a new wireless support structure in the right-of-way,the City may Z PROOFSPage 188 of 423 impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way. (5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the City may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (6) Where an applicant proposes to replace a wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (d) Small wireless facility agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the City. The standard collocation agreement may require payment of the following: (1) Up to $150.00 per year for rent to collocate on the City structure. (2) $25.00 per year for maintenance associated with the collocation; (3) A monthly fee for electrical service as follows: a. $73.00 per radio node less than or equal to 100 maximum watts; b. $182.00 per radio node over 100 maximum watts; or c. The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the City and applicant. (e) Action on small wireless facility permit application. (1) Deadline for action. The City shall approve or deny a small wireless facility permit application within 90 days after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section. (2) Consolidated applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: a. Are located within a two-mile radius; b. Consist of substantially similar equipment; and c. Are to be placed on similar types of wireless support structures. d. In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (3) Tolling of deadline. The 90-day deadline for action on a small wireless facility permit applications may be tolled if: a. The City receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the City may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. b. The applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission of additional documents or information, the City shall have 10 days to notify the applicant in writing of any still-missing information. PROOFSPage 189 of 423 c. The City and a small wireless facility applicant agree in writing to toll the review period. (f) Record drawings required. As a condition of a right-of-way permit, a permittee automatically agrees to provide construction record drawings for the facilities installed under the permit. The construction record drawings shall be prepared in accordance with the requirements of the City and as outlined in the mapping requirements portion of this article. (Code 1988, § 7.10) Sec. 24-31. Permit fees. (a) Right-of-way permit fee. The right-of-way permit fee shall be established annually by the City Council in an amount sufficient to recover the following costs: (1) The City Management costs; (2) Degradation cost, if applicable; and (3) City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (b) Payment of permit fees. No right-of-way permit shall be issued without payment of excavation or obstruction fees. The City may allow applicant to pay such fees within 30 days of billing. (c) Nonrefundable. Permit fees that were paid for a permit that the City Manager his designee has revoked for a breach as stated in this article, cancellation due to permit expiration or decision by the permittee not to perform the work, are not refundable. (d) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. (Code 1988, § 7.11) Sec. 24-32. Right-of-way patching and restoration. (a) Timing. The work to be done under the excavation permit, and the patching and restoration of the right- of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under this article or as determined by the City Manager or his designee. (b) Patching and restoration. The City may choose either to have the Permittee restore the right-of-way or to restore the right-of-way itself. The City Manager or his designee also reserves the right to patch or restore the work in the event of a delay that poses a threat to public safety. (1) City restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within 30 days of billing. If, during the 36-month period following such restoration, the patch or restoration fails due to permittee's inadequate construction practice, the permittee shall pay to the City, within 30 days of billing, all costs associated with correcting the defective work. (2) Permittee restoration. If the permittee chooses to restore the right-of-way itself, it shall at the time of application for a right-of-way permit post a construction performance bond in accordance with the provisions of Minnesota Rules 7819.3000. This construction performance bond shall be acceptable to the City. If, within 24 36 months after completion of restoration of the right-of-way, and acceptance by the City Manager or his designee, the City Manager or his designee determines that the right-of-way has been properly restored, the posted security will be released. (c) Standards. The permittee shall perform excavation, backfilling, patching, and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rules 7819.1100. (d) Duty to correct defects and guarantees. The permittee shall guarantee all work and its maintenance, correct defects in patching or restoration performed by the permittee or its agents, for a period of 24 36 months following acceptance of such work by the City Manager or his designee. The permittee, upon notification by the City Manager or his designee, shall correct all restoration work to the extent necessary, using the method required PROOFSPage 190 of 423 by the City Manager or his designee. Said work shall be completed within five calendar days of the receipt of the notice, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under this article. (e) Failure to complete or restore. If permitted work is not completed, or defective work is not corrected as outlined in Subsection (d) of this section, the City or a contractor working on behalf of the City may perform the work or correct the defects. In that event, the permittee shall pay to the City, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. (Code 1988, § 7.12) Sec. 24-33. Joint applications. (a) Generally. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (b) With city projects. Registrants who join in a scheduled obstruction or excavation performed by the City, whether or not it is a joint application by two or more registrants or a single application, are required to obtain a right-of-way permit, but there will be no application fees for the permit. (c) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the City does not perform, may share in the payment of the right-of-way permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (Code 1988, § 7.13) Sec. 24-34. Supplementary applications. (a) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must, before working in that greater area: (1) Make application for a permit extension and pay any additional fees required thereby; and (2) Be granted a new permit or permit extension. (b) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the expiration date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date. (Code 1988, § 7.14) Sec. 24-35. Other obligations. (a) Compliance with other laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other City, County, State, or Federal rules, laws or regulations. A permittee shall comply with all requirements of local, State and Federal laws, including Minn. Stats. 216D.01-.09 ch. 216D ("One Call Excavation Notice System"). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. (b) Prohibited work. Except in an emergency, and with the approval of the City Manager or his designee, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work, as determined by the City Manager or his designee. (c) Interference with right-of-way. A permittee shall not so obstruct a right-of-way to hinder the natural free and clear passage of water through the gutters or other waterways. Private vehicles owned or used by those doing work in the right-of-way may not be parked within or next to a permit area unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless PROOFSPage 191 of 423 specifically authorized by the permit. (d) Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including, but not limited to, horizontal directional drilling, shall follow all requirements set forth in Minn. Stats. ch. 216D and Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the City Manager or his designee. (Code 1988, § 7.15) Sec. 24-36. Denial of permit. The City Manager or his designee may deny a permit for failure to meet the requirements and conditions of this chapter or if the City Manager or his designee determines that the denial is necessary to protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use. (a) Reason for denial. The City may deny a permit for failure to meet the requirements and conditions of this article or if the City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. (b) Procedural requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The City must notify the applicant or right-of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the City and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The City must approve or deny the resubmitted application within 30 days after submission. Sec. 24-37. Installation requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minn. Stats. § 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the City in the applicable permits and/or agreements referenced in Section 24-30. (Code 1988, § 7.16) Sec. 24-38. Inspection. (a) Notice of commencement and inspection. The permittee shall notify the City Manager or his designee Golden Valley Physical Development Department a minimum of 24 hours prior to the commencement of work. The permittee shall also provide a 24-hour notice in advance of all required site inspections. (b) Site inspection. The permittee shall make the work-site available to the City Manager or his designee and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (c) Authority. At the time of inspection the City Manager or his designee may order the immediate cessation of any work that poses a serious threat to the life, health, safety or well-being of the public. The City Manager or his designee may issue an order to the permittee for any work that does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within five days after issuance of the order, the permittee shall present proof to the City Manager or his her designee that the violation has been corrected. If such proof has not been presented within the required time, the City Manager or his designee may revoke the permit pursuant to this Code. (d) Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minnesota Rules 7819.1300. (Code 1988, § 7.17) Sec. 24-39. Work done without a permit. (a) Emergency situations. (1) Each registrant shall immediately notify the City of any event regarding its facilities, if its facilities provide an essential service, which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the PROOFSPage 192 of 423 occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this article for the actions it took in response to the emergency. (2) If the City becomes aware of an emergency regarding a registrant's facilities, the City Manager or his designee will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (b) Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, pay double the normal fee for said permit, pay double all the other fees required by the City Code, deposit with the City the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this article. (Code 1988, § 7.18) Sec. 24-40. Supplementary notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, the permittee shall notify the City Manager or his designee of the accurate information as soon as this information is known. (Code 1988, § 7.19) Sec. 24-41. Revocation of permits. (a) Substantial breach. The City reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete the work is due to reasons beyond the permittee's control; and (5) The failure to correct in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to this Code. (b) Written notice of breach. If the City Manager or his designee determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the City Manager or his designee shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations might be cause for revocation of the permit. A substantial breach, as stated in Subsection (a) of this section, will allow the City Manager or his designee, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (c) Response to notice of breach. Within 24 hours of receiving notification of the breach, permittee shall contact the City Manager or his designee with a plan, acceptable to the City Manager or his designee that will cure the breach. The permittee's failure to so contact the City Manager or his designee, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, the permittee's failure to so contact the City Manager or his designee, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one full year. (d) Cause for probation. From time to time, the City Manager or his designee may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of PROOFSPage 193 of 423 the permit authorization. (e) Automatic revocation. If a permittee, while on probation, commits a breach as outlined in Subsection (a) of this section, the permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs of its facilities. (f) Reimbursement of City costs. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. (Code 1988, § 7.20) Sec. 24-42. Mapping data. (a) Mapping information required. (1) Each registrant and permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within 90 days following completion of any work pursuant to a permit, the permittee shall provide the City Manager or his designee accurate maps and drawings certifying the "as- built" location of all equipment installed, owed and maintained by the permittee. (2) Therefore, in managing the use of its public right-of-way, the City may establish, develop, and implement a right-of-way mapping or GIS system as follows. The purpose of the mapping system is to: a. Allow flexibility in its use by the City as an effective management tool; b. Enhance public safety and user facility safety; c. Provide for long term cost savings; d. Improve public right-of-way design quality; and e. Allow for better information collection and cooperative usage by right-of-way users. Failure to provide maps and drawings pursuant to this subsection (a) shall be grounds for revoking the permit holder's registration. (b) Service laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150, subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the City Manager or his designee reasonably requires it. Permittees or their subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this subsection and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after December 31, 2005, shall be a condition of any City approval necessary for: (1) Payments to contractors working on a public improvement project including those under Minn. Stats. ch. 429; and (2) City approval under development agreements or other subdivision or site plan approval under Minn. Stats. ch. 462. The City Manager or his designee shall reasonably determine the appropriate method of providing such information to the City. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. (c) Information required. The mapping information must include, but is not limited to, the following: (1) Location and approximate depth of registrant's mains, cables, conduits, switches, and related equipment and facilities, with the location based on: a. Offsets from property lines, distances from centerlines of the public right-of-way, and curblines and determined by the City Manager or his designee; b. Coordinates derived from the coordinate system being used by the City; or c. Any other coordinate system agreed upon by the right-of-way user and the City Manager or his designee. PROOFSPage 194 of 423 (2) The type and size of the facility; (3) A description showing above-ground appurtenances; (4) A legend explaining symbols, characters, abbreviations, scale and other data shown on the maps; and (5) Any facilities to be abandoned, if applicable, in conformance with Minn. Stats. § 216D.04, subd. (d). (d) Changes and corrections. The permittee must provide construction record drawings as required by this article, reflecting any changes or variances from the mapping information under this section, with each right-of- way permit that is issued. (e) Format of mapping data. The permittee must provide and convey all required mapping data in a format approved by the City Manager or his designee. If the permittee cannot provide the information in a format acceptable to the City Manager or his designee, the costs to convert the data furnished to an acceptable permit will be part of the application fee or will be billed to the permittee. The permittee must pay these costs within 30 days of the billing. (f) Data on existing facilities. At the request of the City Manager or his designee, a permittee shall provide data on all its existing facilities within the public right-of-way in a format acceptable to the City Manager or his designee. If the permittee cannot provide the information in a format approved by the City Manager or his designee, a right-of-way application fee may include such costs to convert the data, or the costs for such conversion will be billed to the permittee. The permittee must pay these costs within 30 days of billing. (Code 1988, § 7.21) Sec. 24-43. Location and relocation of equipment or facilities. (a) Undergrounding. Unless otherwise agreed in a franchise or other agreement between the applicable right-of-way user and the City, facilities in the right-of-way must be located or relocated and maintained underground in accordance with this article. (b) Corridors. (1) The City may assign specific areas within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities or equipment that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. (2) Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where its facilities are located, move those facilities to their assigned position within the right-of-way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. (c) Nuisance. One year after the passage of the ordinance from which this article is derived, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the equipment and restoring the right-of-way to a useable condition. (d) Limitation of space. To protect health and safety and welfare of the public or when necessary to protect the right-of-way and its current use, the City Manager or his designee shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right- of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. (Code 1988, § 7.22) PROOFSPage 195 of 423 Sec. 24-44. Pre-excavation facilities location. In addition to complying with the requirements of Minn. Stats. 216D.01-.09 ch. 216D ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has facilities in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. (Code 1988, § 7.23) Sec. 24-45. Damage to other equipment or facilities. When the City does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the City Manager or his designee shall notify the local representative as early as is reasonably possible, said notice not being less than five business days. The costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. (Code 1988, § 7.24) Sec. 24-46. Right-of-way vacation. If the City vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. (Code 1988, § 7.25) Sec. 24-47. Indemnification and liability. By registering with the City, or by accepting a permit under this article, a registrant or permittee agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rules 7819.1250. (Code 1988, § 7.26) Sec. 24-48. Abandoned and unusable facilities. (a) Discontinued operations. A registrant who has determined to discontinue its operations in the City must provide information satisfactory to the City that the registrant's obligations for its facilities in the right-of-way under this article have been lawfully assumed by another registrant. (b) Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right- of-way if required in conjunction with other right-of-way repair, excavation or construction, unless this requirement is waived by the City Manager or his designee. (Code 1988, § 7.27) Sec. 24-49. Undergrounding. (a) Generally. Facilities placed in the right-of-way must be located, relocated and maintained underground pursuant to the terms and conditions of the Code and in accordance with applicable construction standards. This section is intended to be enforced consistently with State and federal law regulating right-of-way user, specifically including, but not limited to, Minn. Stats. §§ 161.45, 237.162, 237.163, 300.03 301B.01, 222.37, 238.084, and 216B.36 and the Telecommunications Act of 1996, 47 USC 253. (b) New extended facilities. A new facility or a permanent extension of facilities must be installed and maintained underground when supplied to: (1) New installation of buildings, signs, streetlights or other structures; (2) New subdivision of land; or (3) A new development or industrial park containing new commercial or industrial buildings. (c) Undergrounding of permanent replacement, relocated or reconstructed facilities. A permanent PROOFSPage 196 of 423 replacement, relocation or reconstruction of a facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this section, the term "reconstruction" means any substantial repair of or any improvement to existing facilities. Undergrounding is required whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the City in connection with: (1) The present or future use by the City or other local government unit of the right-of-way for a public project; (2) The public health or safety; or (3) The safety and convenience of travel over the right-of-way. (d) Retirement of overhead facilities. The City may determine whether it is in the public interest that all facilities within the City, or within certain districts designated by the City, be permanently placed and maintained underground by a certain or target date, independently of undergrounding required pursuant to this article. The decision to underground must be preceded by a public hearing, after published notice and written notice to the utilities affected. At the hearing the City Council must consider items (1) through (4) in Subsection (f) of this section and make findings. Undergrounding may not take place until City Council has, after hearing and notice, adopted a plan containing items (1) through (6) of Subsection (g) of this section. (e) Public hearings. A hearing must be open to the public and may be continued from time to time. At each hearing any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether facilities in the right-of-way in the City, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under Subsections (b) and (c) of this section. (f) Public hearing issues. The issues to be addressed at the public hearings include but are not limited to: (1) The costs and benefits to the public of requiring the undergrounding of all facilities in the right-of-way. (2) The feasibility and cost of undergrounding all facilities by a date certain as determined by the City and the affected utilities. (3) The tariff requirements, procedures and rate design for recovery or intended recovery of incremental costs for the undergrounding by the utilities from ratepayers within the City. (4) Alternative financing options available if the City deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the taxpayers. Upon completion of the hearing or hearings, the City Council must make written findings on whether it is in the public interest to establish a plan under which all Facilities will be underground, either citywide or within districts designated by the City. (g) Undergrounding plan. If the City Council finds that it is in the public interest to underground all or substantially all facilities in the public right-of-way, the City Council must establish a plan for such undergrounding. The plan for undergrounding must include at least the following items: (1) Timetable for undergrounding. (2) Designation of districts for the undergrounding unless, undergrounding plan is citywide. (3) Exceptions to the undergrounding requirement and procedures for establishing such exceptions. (4) Procedures for the undergrounding process, including, but not limited to, coordination with City projects and provisions to ensure compliance with non-discrimination requirements under the law. (5) A financing plan for funding of the incremental costs if the City determines that it will finance some of the undergrounding costs, and a determination and verification of the claimed additional costs to underground incurred by the utility. (6) Penalties or other remedies for failure to comply with the undergrounding. (Code 1988, § 7.28) PROOFSPage 197 of 423 Sec. 24-50. Appeal. A right-of-way user that has been denied registration; has been denied a permit; has had permit revoked; or believes that the fees imposed are not in conformity with Minn. Stats. § 237.163, subd. 6; or disputes a determination of the director regarding Section 24-30 invalid, may have the denial, revocation, or fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the City Council affirming the denial, revocation or fee imposition will be in writing, and supported by written findings establishing the reasonableness of the decision. (Code 1988, § 7.29) Sec. 24-51. Additional regulations. The City shall have the right to impose additional rules, regulations or requirements on any applicant as it deems reasonable to protect the safety, health, and welfare of the public. (Code 1988, § 7.30) Sec. 7.321. Severability. If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement with the Applicant, as allowed by law, in addition to the requirements set forth herein (Code 1988, § 7.31) Secs. 7.33 through 7.98., inclusive, reserved for future expansion. Sec. 7.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor expect as otherwise stated in specific provisions hereof. (Code 1988, § 7.99; Ord. No. 239, 2nd series, 3-15-2001) PROOFSPage 198 of 423 Chapter 25 RESERVED PROOFSPage 199 of 423 Chapter 26 TRAFFIC AND VEHICLES* *State law reference—Traffic generally, Minn. Stats. ch. 169; powers of local authorities, Minn. Stats. § 169.04. ARTICLE I. IN GENERAL Chapter 8: TRAFFIC REGULATIONS* * (SEE CHAPTER 7 FOR DEFINITIONS, SCOPE AND APPLICATION RELATING TO THIS CHAPTER) Sec. 26-1. Definitions. Except as otherwise defined in the City Code, or where the context clearly indicates a contrary intent, the words and terms defined in Minn. Stats. ch. 169, shall be applicable to this chapter. (Code 1988, § 8.05) Sec. 26-2. Minnesota Statutes, Chapters 169 and 171 adopted by reference. (a) Except as otherwise provided in this chapter, or in Chapter 9 of this Code, the regulatory and procedural provisions of Minn. Stats. ch. 169 (commonly referred to as the Highway Traffic Regulation Act) and Minn. Stats. ch. 171, as amended from time to time, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. (b) For the purpose of this chapter, the term "street" means the traveled portion of the right-of-way. (Code 1988, § 8.01; Ord. No. 173, 2nd series, 11-27-1997) Sec. 8.99. Violation a misdemeanor or petty misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: __ Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, such person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, such person shall be punished as for a misdemeanor; where such person stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12 month period for the third or subsequent time, such person shall be punished as for a misdemeanor __ As to any violations not constituting a misdemeanor under the provisions of Subdivision 1 hereof, such person shall be punished as for a petty misdemeanor. __ As to any violation of a provision adopted by reference, such person shall be punished as specified in such provision, so adopted. (Code 1988, § 8.99) Sec. 26-3. Exhibition driving. (a) Prima facie evidence. It is prima facie evidence of exhibition driving when a motor vehicle stops, starts, accelerates, decelerates, or turns at an unnecessary rate of speed so as to cause tires to squeal, gears to grind, soil to be thrown, engine backfire, fishtailing, skidding, or, as to two-wheeled or three-wheeled motor vehicles, the front wheel to lose contact with the ground or roadway surface. (b) Unlawful act. It is a misdemeanor for any person to do any exhibition driving on any street, parking lot, PROOFSPage 200 of 423 or other public or private property, except when an emergency creates necessity for such operation to prevent injury to persons or damage to property. (Code 1988, § 8.02) Sec. 26-4. Recreational motor vehicles (including snowmobiles). (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: All-Terrain Vehicle or ATV: Trail bikes, amphibious vehicles and similar devices, other than snowmobiles, used at least partially for travel on natural terrain, but not "special mobile equipment" as defined in M.S.A. 168.011, Subdivision 22 Minn. Stats. § 168.002, subd. 31, which is hereby incorporated herein by reference. Motorized Bicycle: A bicycle with fully operable pedals which may be propelled by human power or a motor, or by both, with a motor of a capacity of less than 50 cubic centimeters piston displacement, and a maximum of two break horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. Operate: To ride in or on and have control of a recreational motor vehicle. Operator: The person who operates or is in actual physical control of a recreational motor vehicle. Owner: A person, other than a lien holder, having a property interest in, or title to, a recreational motor vehicle, who is entitled to the use or possession thereof. Recreational Motor Vehicle: Any self-propelled vehicle and any vehicle propelled or drawn by a self- propelled vehicle used for recreational purposes, including, but not limited to, a motorized bicycle, all-terrain vehicle, snowmobile, hovercraft, or motor vehicle licensed for highway operation which is being used for off-road recreational purposes. Snowmobile: A self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners. (b) Recreational motor vehicle operating restrictions. It is unlawful for any person, except authorized government agencies performing day to day operations or if approved by the City through the special event policy, to operate a recreational motor vehicle as follows: (1) On a public sidewalk or walkway provided or used for pedestrian travel. (2) On private property of another without lawful authority or permission of the owner or occupant. (3) On any lands owned or occupied by a public body or on frozen waters, including, but not limited to, school grounds, park property, playgrounds, recreational areas, private roads, platted but unimproved roads, utility easements, public trails and golf courses. (4) While the operator is under the influence of liquor or narcotics, or habit-forming drugs. (5) At a rate of speed greater than reasonable or proper under all of the surrounding circumstances. (6) In a careless, reckless or negligent manner so as to endanger the person or property of another or cause injury or damage thereto. (7) Towing any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rear of an automobile. (8) At a speed greater than 10 miles per hour when within 100 feet of any lakeshore, except in channels, or of a fisherman, ice house, skating rink, or sliding area, nor or where the operation would conflict with the lawful use of property or would endanger other persons or property. (9) In a manner so as to that creates a loud, unnecessary, or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. (10) Chasing, running over, or killing any animal, wild or domestic. (11) During the hours between one-half hour after sunset of one day and one-half hour before sunrise of the PROOFSPage 201 of 423 day next following, except that during such hours a motorized bicycle, if otherwise lawfully operated, may be operated on a public street. (c) Owner responsibility. (1) It is unlawful for the owner of any recreational motor vehicle to permit its operation on private property without permission of the owner or occupant, on City property without the permission of the Council, or on other public property without permission of the body in charge thereof. For purposes of this section, the owner shall be conclusively presumed to have given such permission unless the recreational motor vehicle so operated shall have been reported stolen to a law enforcement agency. (2) Every person leaving a recreational motor vehicle in a public place shall lock the ignition, remove the key and take the same with him. __ Additional Snowmobile Operating Regulations __ It is unlawful for any person to operate a snowmobile upon the roadway, shoulder or inside bank or slope of any street or highway. Operation in the ditch or on the outside bank within the right-of-way of any street or highway except interstate highways or freeways is permitted in conformance with State law and the City Code, unless the roadway directly abuts a public sidewalk or walkway or property used for private purposes. Between the hours of one-half hour after sunset to one-half hour before sunrise, any operation may only be on the right-hand side of such street or highway and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. __ A snowmobile may make a direct crossing of a street or highway except an interstate highway or freeway, provided: __ The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. __ The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. __ The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. __ In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. __ If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. __ No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians which constitute an immediate hazard. __ Notwithstanding any prohibition in this section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. __ No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this section and make a direct crossing thereof only if such person has in immediate possession a valid snowmobile safety certificate issued by the Commissioner of Conservation as provided by Minnesota Statutes 1969, Section 84.86. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this subparagraph. __ Snowmobile Equipment It is unlawful for any person to operate a snowmobile unless it is equipped with the following: __ Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulation CONS. 55 which is hereby adopted by reference as it existed on September 1, 1970. No PROOFSPage 202 of 423 person shall use a muffler cut-out, by-pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. __ Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of the operation. __ A safety or so-called "deadpan" throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. __ At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment to be in operating condition when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility. __ Reflective material at least 16 inches on each side, forward of the handlebars, so as to reflect or beam light at a 90 degree angle. (Code 1988, § 8.03) Sec. 26-5. Motorized golf carts, operation, and regulation. (a) Operation authorized. Operation of motorized golf carts is hereby authorized on the roadways of and streets in all districts zoned for residential uses only and which streets are not State trunk highways, County highways or County State-aid roads, but may cross such roads and highways if the golf cart bears a slow-moving vehicle emblem. __ Permits. Permits shall be issued by the City Manager or his designee only to handicapped persons as defined by statute. Application for a permit to operate a motorized golf cart on the roadways of streets shall include the name and address of the applicant and such other information as may from time-to-time be required by the Council. Applications for initial or renewal permits shall be accompanied by a certificate signed by a physician stating that the applicant is capable of safely operating a motorized golf cart on the roadway of streets. All permits shall expire on December 31, unless renewed. The fee for a permit shall be fixed by resolution of the Council. (b) Unlawful acts. It is unlawful for any person to operate a motorized golf cart on the roadway of a street unless: (1) The operator has in possession a valid, current and unrevoked driver's license permit from the City. (2) The operation is on a roadway which has not been designated as prohibited for such operation, except crossing at an intersection. (3) The operation is during daylight hours between sunrise and sunset. (4) The operation is not during inclement weather, or when visibility is impaired by weather, smoke, fog, or other conditions, or when there is insufficient light to clearly see persons or vehicles thereon at a distance of 500 feet. (5) The motorized golf cart displays a slow moving vehicle emblem, as described by statute, on the rear thereof. (6) The motorized golf cart is equipped with rear view mirrors as required by statute for other vehicles. (7) The operator has insurance coverage as provided by statute required by State law (presently Minn. Stats. § 65B.48, subd. 5) for motorcycles. (8) The operator observes all traffic laws, except such as cannot reasonably be applied to motorized golf carts. (Code 1988, § 8.04) PROOFSPage 203 of 423 Sec. 26-6. Scope and orders of officers. (a) Scope. The provisions of this chapter relate exclusively to the streets and alleys in the City, and the operation and parking of vehicles refer exclusively to the operation and parking of vehicles upon such streets and alleys. (b) Orders of an officer. It is a misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction of any police or peace officer invested by law with authority to direct, control or regulate traffic. (Code 1988, § 8.06) Sec. 26-7. Traffic and parking control. (a) City to control. The City shall have sole authority to erect signs and signals for the purpose of controlling traffic and parking on streets within its jurisdiction. (b) Temporary restrictions. The City, acting through the City Manager or his designee, may temporarily restrict traffic or parking for any private, public, or experimental purpose. (c) Parking restrictions and prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle, contrary to lane restrictions or prohibitions painted on any curb, or contrary to sign-posted, fenced, or barricaded restrictions or prohibitions. (d) Damaging or moving markings. It is a misdemeanor for any person to deface, mar, damage, move, remove, or in any way tamper with any structure, work, material, equipment, tools, sign, signal, barricade, fence, painting or appurtenance in any street unless such person has written permission from the City or is an agent, employee or contractor for the City, or other authority having jurisdiction over a particular street, and acting within the authority or scope of a contract with the City or such other authority. (Code 1988, § 8.07) Sec. 8.08. Obstructions and vegetation in streets. __ Obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions, upon, over, across or under any street without first having obtained a written permit from the City Engineer, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. __ Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon. It is a violation of this section to haul any such material, inadequately enclosed or covered, thereby permitting the same to fall upon streets. It is also a violation of this section to place or store any building materials or waste resulting from building construction or demolition on any street. __ Placing Snow on a Publicly Dedicated Right-of-Way __ It is a misdemeanor for any person, not under contract with the City, by whatever means, to deposit snow on or across the improved portion of a publicly dedicated street, alley, sidewalk, bike path, trailway or parking area. __ It is a misdemeanor for any property owner to allow any person, by whatever means, to deposit snow from such owner's property on or across the improved portion of a publicly dedicated street, alley, sidewalk, bike path, trailway or parking area. __ Continuing Violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. __ Vegetation in Right-of-Way It is a misdemeanor for any person to plant, place, nurture, or maintain any tree, shrub, or other vegetation (except grass or sod) within any public street, sidewalk alley or right-of-way within the City. PROOFSPage 204 of 423 __ Removal Authority; Assessment of Costs Upon information that any person is acting or has acted in violation of this section, the City Engineer shall give written notice to such person to cause the removal of any offending object or vegetation within 10 days of the date of the notice, and if such person shall then fail to remove the offending object or vegetation from the public right-of-way, the City Engineer shall cause the same to be removed. In addition to the foregoing remedies of the City to cause the removal of vegetation from any public right-of-way, the City Engineer shall also have the right to remove any offending object, or vegetation of any type whatsoever from any public right-of-way within the City without notice to any person or abutting property owner whenever, in the sole judgment of the City Engineer, any such object or vegetation constitutes a threat to the general public health, safety, and welfare as an obstruction to the free and safe passage of either vehicular or pedestrian traffic, and so long as any such object or vegetation is located either wholly or in part within any dedicated right-of-way, no person shall be entitled to maintain any claim for the removal of the same. Any object or vegetation which lies within any public right-of-way and which is concealed by snow, leaves, debris, or other material of any type whatsoever shall be deemed prima facie to be a hazardous obstruction to the free and safe public passage of vehicular or pedestrian traffic and the City entitled to remove the same without notice and without legal obligation for such removal. Following any removal conducted pursuant to this section, the City may bill the costs of such removal to the person responsible for the violation. In the event such bill for costs is not paid within 30 days of the invoice date, the unpaid costs may be assessed against the affected property pursuant to Minn. Stats. § 429.101. (Code 1988, § 8.08) Sec. 26-8. Load limits. (a) As determined by the State Department of Transportation each year, During the period March 15 to May 1 of any year no vehicle or combination of vehicles shall be operated upon City streets when the gross weight of any single axle exceeds the recommendation by the City Manager or his designee 12,000 pounds unless the street is otherwise posted by an appropriate sign indicating a higher limit. It is a misdemeanor for any person to operate a vehicle on any street in violation of these amendments provisions. (b) The City Engineer may from time to time impose upon vehicular traffic on any part or all of the streets such load limits as may be necessary or desirable. Such limits, and the specific extent or weight to which loads are limited, shall be clearly and legibly sign-posted thereon. It is a misdemeanor for any person to operate a vehicle on any street in violation of the limitations so posted. In any case of emergency or urgent necessity, an application may be made to the City Engineer for a waiver of the provisions of this section. The City Engineer, in his sole discretion, may grant or deny such waiver. (Code 1988, § 8.09) Sec. 8.10. Sign and traffic control device visibility. __ Maintaining Visibility Visibility from the street of all street signs and traffic control devices shall be maintained. It is a misdemeanor for any person to erect, place, plant, grow, nurture, or maintain, any tree, shrub, vegetation, building, structure, fence, ornament, or other object which obstructs the visibility of any street sign or traffic control device in the sight line running from any point in or along the street within 100 feet of such sign or traffic control device to the sign or traffic control device. __ Removal Authority; Assessment of Costs __ Generally. Upon information that any person is acting or has acted in violation of this section, the City Engineer shall give written notice to such person to cause the removal of any such object or vegetation creating such violation. If such person shall then fail to remove the offending object or vegetation within the time specified in the notice, not less than 10 days from the date of notice, the City Engineer shall cause the same to be removed and bill the cost thereof to the person responsible for the violation. In the event such bill for costs is not paid within 30 days of the invoice date, the unpaid costs may be assessed against the affected real property pursuant to Minn. Stats. § 429.101. PROOFSPage 205 of 423 __ Removal from Public Right-of-way. In addition to the foregoing remedies to cause the removal of offending objects or vegetation, the City Engineer shall also have the right to remove any object or vegetation of any type whatsoever from any public right-of-way within the City without notice to any person or abutting property owner whenever, in the sole judgment of the City Engineer, any such object or vegetation constitutes a threat to the general public health, safety, and welfare as an obstruction to the free and safe passage of either vehicular or pedestrian traffic, and so long as any such object or vegetation is located either wholly or in part within any dedicated right-of-way, and no person shall be entitled to maintain any claim resulting from the removal of the same. Any object or vegetation which lies within any public right-of-way and which is concealed by snow, leaves, debris or other material of any type whatsoever shall be deemed prima facie to be a hazardous obstruction to the free and safe public passage of vehicular or pedestrian traffic and the City shall be entitled to remove the same without notice and without legal obligation for such removal. Following such removal, the City may bill the costs thereof to the person responsible for the violation. In the event such bill for costs is not paid within 30 days of the invoice date, the unpaid costs may be assessed against the affected real property pursuant to Minn. Stats. § 429.101. Source: City Code Effective Date: 6-30-88 (Code 1988, § 8.10) Sec. 26-9. Special events. (a) Purpose and intent. The purpose of this section is to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, sanitary facilities, utilities, and safety services. Special events are further defined and regulated in the special events policy. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Applicant: Any individual or organization who seeks a special events permit from the City to conduct or sponsor a special event. Outdoors: Activity conducted outside of a permanent, enclosed structure or building. Special Event: (1) Any temporary event, sponsored by or organized by one or more organizations, entities, or individuals, with the event held or to be held in full or in part: a. Outdoors on City-owned land, or a public right-of-way intended for the gathering or movement of people or vehicles, and the event is open to the general public; or b. Outdoors on City-owned land, a public right-of-way intended for the gathering or movement of people or vehicles, or privately-owned land, and the event is likely to impact vehicular or pedestrian traffic on a public right-of-way by increasing its hourly flow by at least 50 percent or otherwise impede the orderly, unobstructed, or free flow of vehicular or pedestrian traffic on any such right- of-way. (2) This section shall not apply to the following: a. Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, school- sanctioned events on school property, or fairs conducted pursuant to Minn. Stats. ch. 38; b. Special events or activities permitted or licensed by State law or ordinances of the City, other than this section, including publicly-sponsored activities in the local or regional park system; c. Events in the nature of a family gatherings; d. Non-City-wide garage sales; e. Non-recurring auctions or estate sales; f. National Night to Unite events established through the City Police Department; PROOFSPage 206 of 423 g. Funeral processions; h. Activities conducted by a governmental agency acting within the scope of its authority; and i. Residential neighborhood block parties. Special Event Permit: A permit issued by the City after the applicant has met all applicable requirements and reviews set forth in this section. (c) Permit required. No person shall conduct or allow to be conducted any special event as defined in this section without first obtaining a special events permit. (d) Requirements for issuance of a permit. (1) The following standards shall apply to all special events: a. Maximum number of people. The applicant shall not sell tickets to more than the maximum number of people stated in the special event permit. b. Sound equipment. Sound-producing equipment, including, but not limited to, public address systems, radios, phonographs, musical instruments, and other recording devices, shall not be operated at the permit location so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of City residents. c. Sanitary facilities. In accordance with State Department of Health regulations and standards and local specifications, adequate sanitary facilities must shall be provided that are sufficient to accommodate the projected number of persons expected to attend the event. d. Security. The applicant shall employ at their its own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless the City Chief of Police is satisfied that such necessary and sufficient security personnel will be provided by the applicant for the duration of the event. e. Solid waste disposal. A sanitary method of disposing of solid wastes, in compliance with State and local laws and regulations, shall be provided and shall be sufficient to dispose of the solid waste production anticipated for the maximum number of people allowed by the permit. Plans shall include a provision for holding and collecting all such waste at least once each day, sufficient trash containers, and sufficient personnel to perform such tasks. f. Parking and traffic control. A parking and traffic control plan for the number of persons projected to attend the event must shall be submitted. Such plan must shall be sufficient to ensure a free flow of traffic and make available rapid access for emergency vehicles. Further, the applicant shall provide adequate off-street parking facilities on the site or within 1,500 feet thereof to accommodate the projected number of persons expected to attend the event. When adequate off-street parking facilities are not available within 1,500 feet, the applicant may propose an alternate plan to bus attendees from a remote location may be considered. g. Mobile food vending. The applicant shall provide the City evidence (or cause the food vendor to provide evidence) that all food vending operations at the event have all required food licenses from the State Department of Health or the County, as applicable, as well as any applicable mobile food vending permit required under Chapter 113, pertaining to zoning. The applicant shall comply at all times with the applicable health codes and regulations. Proof of license and permit shall be provided to the City Clerk at least seven days before the event and kept on site for immediate inspection. h. Fire protection. The applicant shall, at his its own expense, take adequate steps to ensure fire protection as determined by the City Fire Department. i. Duration of special event. The applicant shall operate the special event only on those days and during the hours specified on the permit, which shall not be for more than seven days, subject to any other limits imposed by other sections of the City Code or State law. PROOFSPage 207 of 423 j. Cleanup plan. The applicant shall, at no cost to the City, immediately clean up, remove, and dispose of all litter or materials of any kind that is are placed or left on the premises because of the event. If the applicant neglects or fails to proceed with cleanup within a two-hour period immediately following the end of the event, or if the cleanup is done in an inadequate manner, the City Manager or his designee is authorized to shall clean up and charge the applicant for cleanup. k. Insurance. Before the issuance of a permit, the applicant shall provide the City with a certificate of liability insurance showing proof of general liability insurance and liquor liability insurance acceptable to the City. 1. Applicant shall procure and maintain for the duration of the event commercial general liability insurance or equal special event coverages protecting it from claims or damages for bodily injury and property damage that may arise from or in connection with the event's operation and use of the City's property as required by State law. 2. If alcohol will be sold or served, the applicant must have liquor (dram shop) insurance as requested per in the minimum of providing coverage of at least $1,000,000.00 per occurrence, along with the applicable license required under the Code and State law. 3. The City shall be endorsed as an additional insured on all liability policies. The applicant's insurance shall be primary. 4. The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. l. Claims. The applicant shall agree to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or related to by reason of conduct of an event authorized by a special event permit, including attorney fees and all expenses. m. Damages. The applicant will shall indemnify the City for damages that may result to City property as a result of a special event. n. Waiver. The City Manager or his designee may grant a waiver from the requirements of this section in any particular case where the applicant can shows that strict compliance with this section would cause an exceptional and undue hardship by reason of the nature of the special event or, under the circumstances by reason of the fact that the circumstances make the requirements of this section are unnecessary. Such waiver must shall not be granted without if doing so would cause a detriment to the public health, safety, or welfare or and without impairing the intent and purpose of the provisions of this section. o. Additional requirement. The City Manager or his designee may place any other conditions reasonably calculated to protect the health, safety, and welfare of persons attending the event or City residents. p. Application procedures. A written application for a special event permit shall be filed with the City Clerk not less than 45 days before the first date of the proposed special event. The application shall be signed by the person, persons, or parties conducting the event and shall be accompanied by the fee payable hereunder. 1. The submitted application shall include the following: (i) The names, addresses, and other contact information for the person or persons responsible for conducting the event; (ii) Date of proposed special event; (iii) Type and description of the special event and a list of all activities to take place at the special event; (iv) Address of proposed special event; (v) Name of property owner at the permit location, if different from the applicant; PROOFSPage 208 of 423 (vi) A statement of the locations where the applicant has promoted, operated, or conducted similar events within the last five years; (vii) Duration of the special event, total number of days and/or hours during which the special event is to be held; (viii) Estimated number of persons to attend; (ix) Any public health plans, including supplying water to the site, solid waste collection, and provision of sanitary facilities, if applicable; (x) Any fire prevention and emergency medical services plans, if applicable; (xi) Any security plans, if applicable; (xii) Whether food or alcohol will be served at the event; (xiii) A detailed description of all public rights-of-way and private streets for which the Applicant requests the City to restrict or alter normal parking, vehicular traffic, or pedestrian traffic patterns, the nature of restrictions or alterations, and the basis; (xiv) A description of any services, City personnel, City equipment, and City property the Applicant requests the City to provide, including the Applicant's estimated number and type needed, and the basis on which the estimate is made; (xv) Whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments; (xvi) Applicant signature and property owner's signature, if different from applicant; and (xvii) Any other information requested by the City, acting through its City Manager or his designee, deemed reasonably necessary in order to determine the nature of the special event and the extent of any services necessitated by the event. (e) Fees, charges and promotion. (1) The fee for a special events permit shall be established by the City Council. (2) The City shall also require the payment to the City of other charges for the recovery of City costs related to the special event, which may include the hourly cost for any employees working on a special event as established by the City Council and equipment charges for the use of City equipment, at usage rates as established by the City Council. (3) In accordance with a written policy applying to special events, the City may sponsor, participate in, or otherwise support a special event, including through the waiving of fees and/or waiving the recovery of City costs, provided the City Manager or his designee determines all of the following conditions are satisfied with respect to the special event. The special event must: a. Be an activity that will serve as a benefit to the community as a whole and which, at the same time, is directly related to the functions of government; b. Be a community-wide event; c. Be free and open to the public; d. Not be an event organized for the primary purpose of political or non-secular activity; e. Either: 1. Not be a for-profit event and not be an event that pays for event staff time; or 2. Be considered an event that would otherwise be provided by the City (fee for service); f. Enhance community pride and positive image, as determined by the City; g. Generate a positive economic impact for the City, as determined by the City; and h. Generate positive media exposure and visibility for the City, as determined by the City. PROOFSPage 209 of 423 (4) In connection with any request for City sponsorship of, participation in, or support of a special event, the applicant shall provide the City financial information regarding the applicant and the special event, as the City may request. (5) Any promotion of a special event by the City, including through the City reader board, City web page, City publications, or by proclamation, shall be in accordance with the City's policies regarding those matters. (f) Granting a permit. The City Manager or his designee will review and determine whether or not a request for a special event and/or street closing satisfies all the conditions of this section and other applicable sections of the City Code. In the event the City determines the special event does not meet these criteria, the application shall be denied. (g) Denial of permit. Without limiting any of the other provisions in this section, the City shall have the right to deny the permit if, in the judgment of the City Manager or his designee, granting of a permit would adversely affect the safety, health, and welfare of the citizens of the City. Such denial may also be based upon the following circumstances: (1) The event would unreasonably inconvenience the general public. (2) The event would unreasonably infringe upon the rights of abutting properties. (3) The event would conflict with another proximate event or interfere with construction or maintenance work. (4) There are not sufficient safety personnel or other necessary staff to accommodate the event. (5) The event affects other issues in the public interest as identified by the City. (h) Enforcement. The Police Department and other such officers, employees, or agents as the City Manager or his designee, shall enforce the provisions of this section. (i) Revocation of permit. The permit for a special event may be revoked by the City at any time if any of the conditions necessary for the issuing of or contained in the special event permit are not complied with or if any of the provisions of this section are violated. (j) Termination of permit. An applicant granted a permit under this section may elect to terminate the permit at will by giving written notice to the City Clerk at least seven days prior to the first day of the event. If less than seven days written notice is given to terminate a permitted event that involved the City undertaking contracted work in connection with the event, the applicant shall pay the City for a two-hour minimum charge for the relevant staff time, and the applicant shall compensate the City for any contractual expenses incurred and losses suffered by the City as a result of the termination, subject to Subsection (e)(4) of this section regarding the City's support of a special event. The City Manager or his designee has the authority to cancel or stop an event if it is deemed that the public health, safety, or welfare would be better served with additional restrictions. No special event permit may be transferred to another person or location without the prior written consent of the City Manager or his designee. (Code 1988, § 8.11; Ord. No. 594, 2nd series, 5-12-2016) Secs. 26-10--26-39. Reserved. ARTICLE II. STOPPING, STANDING AND PARKING* *State law reference—Stopping, standing and parking, Minn. Stats. § 169.32 et seq.; authority to regulate standing or parking of vehicles, Minn. Stats. § 169.04(a)(1). Chapter 9 PARKING REGULATIONS* * (SEE CHAPTER 7 FOR DEFINITIONS, SCOPE AND APPLICATION RELATING TO THIS CHAPTER) Sec. 9.99. Violation a misdemeanor or petty misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when such person performs PROOFSPage 210 of 423 an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: 1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, such person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, such person shall be punished as for a misdemeanor; where such person stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, such person shall be punished as for a misdemeanor. 2. As to any violation not constituting a misdemeanor under the provisions of Subdivision 1 hereof, such person shall be punished as for a petty misdemeanor. (Code 1988, § 9.99) Sec. 26-40. Presumption. (a) As to any vehicle parking in violation of this chapter when the driver thereof is not present, it shall be presumed that the owner or lessee of such vehicle parked the same, or that the driver was acting as the agent of the owner or lessee. (b) For the purpose of this article, the term "street" means the traveled portion of the right-of-way. (Code 1988, § 9.01; Ord. No. 174, 2nd series, 11-27-1997) Sec. 26-41. General parking prohibitions. It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within 10 feet of the point of the curb nearest the fire hydrant; (5) On a crosswalk; (6) Within 20 feet of a crosswalk at any intersection; (7) In a sign-posted fire lane on public or private property; (8) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway: (9) Within 50 feet of the nearest rail of a railroad crossing; (10) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly sign-posted; (11) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; (12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) Upon any bridge or other elevated structure upon a street; (14) At any place where official signs prohibit or restrict stopping, parking or both; (15) In any alley, except for loading or unloading and then only so long as reasonably necessary for such loading and unloading to or from adjacent premises; PROOFSPage 211 of 423 (16) On any boulevard portion of public right-of-way that is outside of a conforming driveway as outlined in this article or other section of the City Code; (17) Within five feet of the back of curb within a conforming driveway. __ In front of any fire escape; __ In a space sign-posted for handicapped parking on public or private property; or __ In public parks between the hours of 10 p.m. and 6 a.m. except at Brookview Community Center where parking is prohibited between 2 a.m. and 5 a.m. (Code 1988, § 9.02) Sec. 26-42. Recreational camping vehicle parking. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Recreational Camping Vehicle: means Any of the following: Camping Trailers: A folding structure, mounted on wheels and designed for travel, recreation and vacation uses. Motor Home: A portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. Pick-Up Coach: A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer. (b) Unlawful act. It is unlawful for any person to leave or park a recreational camping vehicle on or within the limits of any street or right-of-way for a continuous period in excess of 12 hours. At no time shall such vehicle be occupied as living quarters. (Code 1988, § 9.03) Sec. 26-43. Direction to proceed. It is unlawful for any person to stop or park a vehicle on a street when directed or ordered to proceed by any police officer invested by law with authority to direct, control or regulate traffic. (Code 1988, § 9.04) Sec. 26-44. Parallel parking. Each vehicle stopped or parked upon a two-way road shall be stopped or parked with the right-hand wheels of the vehicle parallel with, and within 12 inches of the edge of the roadway surface, and, where painted markings appear on the curb or the street, such vehicle shall be within such markings, front and rear; provided that upon a one-way roadway all vehicles shall be so parked, except that the left-hand wheels of the vehicle may be parallel with and within 12 inches from the left-hand edge of the roadway surface, but the front of the vehicle in any event and with respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon such one-way street; and it is unlawful to park in violation of this section. (Code 1988, § 9.05) Sec. 26-45. Parking hours. Parking on streets shall be limited as follows: (1) It is unlawful for any person to stop, park or leave standing any vehicle upon any street for a continuous period in excess of 72 hours. (2) The City Manager or his designee, when authorized by resolution of the Council, may designate certain PROOFSPage 212 of 423 streets, blocks or portions of streets or blocks as prohibited or limited parking zones and shall mark by appropriate signs any zones so established. Such zones shall be established whenever necessary for the convenience of the public or to minimize traffic hazards and preserve a free flow of traffic. It is unlawful for any person to stop, park or leave standing any vehicle in a prohibited parking zone. The City Manager or his designee may temporarily suspend parking prohibitions or limitations. (3) It is unlawful for any person to remove, erase or otherwise obliterate any mark or sign placed upon a tire or other part of a vehicle by a police officer for the purpose of measuring the length of time such vehicle has been parked. (Code 1988, § 9.06) Sec. 26-46. Winter parking regulations. (a) Snow emergency. After a snowfall of at least two inches, parking is prohibited on any public street or alley. Parking may not resume on any such street or alley until the snow has stopped accumulating and the same street or alley has been plowed with the snow removed to the curbline or edge of the street or alley. (b) Snow removal and hauling. The City Manager or his designee is hereby authorized to post "No Parking" signs for snow removal along streets where snow removal operations will require the use of the entire width of the street by snow plowing and removing equipment. Such signs shall be posted at frequent intervals at least four hours prior to the time when snow removal commences on the street so posted, and such signs shall be removed promptly after completion of the snow removal operation. Snow removal shall be done on any street so posted as soon as possible following a lapse of four hours after posting the signs. It is unlawful for any person to park any vehicle, or leave any vehicle which was parked at the time of posting for a period of more than two hours thereafter, in any block on any street so posted during the time the said signs are posted thereon, and it is also unlawful for any person other than an authorized representative of the City to remove said signs. (c) Public street and alley parking restrictions. Parking is prohibited on any public street or alley from November 1 through March 31 from 2:00 a.m. until 6:00 a.m. daily. (Code 1988, § 9.07; Ord. No. 611, 2nd series, 9-15-2016) Sec. 26-47. Commercial vehicle and bus parking. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Commercial Vehicle: A motor vehicle is a commercial vehicle if: (1) The vehicle is a dump truck, a step van, a tow truck, a construction vehicle or equipment, an earth- moving vehicle or equipment, a van or pickup with a manufacturer's nominal rated carrying capacity of more than one ton, or any other vehicle which is used in connection with commercial activities; (2) Commercial equipment, including, but not limited to, a winch or snow plow, has been added to the vehicle such as winches or snow plows; (3) Commercial racks have been added to the vehicle for the purpose of holding equipment or materials; (4) The vehicle is a pickup with a nonstandard pickup box; or (5) The vehicle is a trailer loaded with another commercial vehicle or commercial equipment. (b) It is unlawful to park a detached semi-trailer or tractor upon any street, City-owned parking lot, or other public property except as authorized by the City Manager or designee. (c) Parking or storing of commercial vehicles and equipment on residential streets. (1) No bus, commercial vehicle, equipment, or trailer shall be permitted to park on any street in a district zoned for residential uses which exceeds any of the following: a. Eight feet in height, measured from the ground to the highest point on the vehicle at recommended tire pressure. For the purpose of measuring height, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle; PROOFSPage 213 of 423 b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle or trailer bed; or c. Seven thousand pounds gross vehicle weight rating. (2) Only commercial vehicles which do not exceed any of the size requirements under Subsection (c)(1) of this section and are designed exclusively for on-street use can may be parked on residential streets. (3) Exceptions. a. Any vehicle that is actively engaged in providing a temporary service benefiting the property such as loading or unloading. b. Vehicles actively used in conjunction with authorized construction, remodeling, or contract work while the work is underway. For purposes of this Code, active is considered a vehicle not left idle for more than 72 hours. c. Vehicles used in conjunction with authorized State, County or City public works construction. (Code 1988, § 9.08; Ord. No. 360, 2nd series, 1-12-2007) Sec. 26-48. Vehicle repair on street. It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street, or attempt to do so, except to service such vehicle with gasoline or to provide emergency repairs thereon, but in no event for more than 24 hours. (Code 1988, § 9.09) Sec. 26-49. Parking for the purpose of advertising or selling merchandise. It is unlawful for any person to park a vehicle on any street for the purpose of advertising such vehicle for sale, for the purpose of advertising for sale or selling merchandise thereon or therein, or advertising any merchandise for sale or a forthcoming event. (Code 1988, § 9.10) Sec. 9.11. Resident-only parking. __ Declaration of Public Policy and Purpose The Council finds that there are residential areas within the City which are adjacent to or very near intense nonresidential uses which do not provide adequate off-street parking. The Council further finds that persons employed by or using those nonresidential facilities frequently park their vehicles on nearby residential streets, resulting in serious residential problems. This section regulating parking in designated residential areas is hereby established in order to protect children and other pedestrians from bodily injury and to protect real and personal property from damage, by reducing hazardous traffic conditions resulting from the heavy usage of these residential streets by non- residents or transients; to protect those residential areas from polluted air, excessive noise, and trash and refuse caused by the entry of such vehicles; to promote efficiency in the maintenance of those streets in a clean and safe condition; to preserve the character of those districts as residential districts; to protect the residents of those areas from unreasonable burdens in gaining access to their residences; and to preserve the general health, safety, welfare and integrity of those residents and residential areas. __ Establishment Authorized The Council may, after a public hearing thereon and after receiving a written application as hereinafter provided, designate resident-only parking zones on certain streets. The Council shall also specify special parking restrictions within each designated zone thus established. __ Procedure for Establishment __ Consideration of Resident-Only Parking Zone. The Council may consider the designation of a resident- PROOFSPage 214 of 423 only parking zone upon the written request of a person residing in the zone or a member of the Council. Said request shall: __ State, with particularity, the residential area to be included; __ Identify the factors which make the designation of a resident-only parking zone a necessity; and __ State how the desired parking restrictions will serve to alleviate the conditions making the zone a necessity. (1) Hearing. Upon receipt of a written request which meets the requirements of the preceding Subparagraph, the Council shall set a time and place for a public hearing on the proposal to designate a resident-only parking zone. Notice of such hearing shall be given at least 10 days prior to the hearing to properties in the proposed zone and within 500 feet of the proposed zone. At the hearing, the Council shall hear all interested persons and shall receive and consider all materials relevant to the merits of the proposal. __ Findings. If the Council thereafter deems such a resident-only parking zone necessary, the resolution adopting the same shall fully state the basis of the creation of the resident-only parking zone, which basis supports the existence of one or more of the following, or other, serious problems caused by nonresident parking: __ The area is detrimentally impacted by parking of non-resident vehicles during the proposed hours of restriction and that such impact creates an unreasonable increase in hazardous traffic conditions threatening the safety of children, pedestrians and pets. __ The area does not have sufficient parking to accommodate the convenient parking of vehicles by residents thereof in the vicinity of their homes. __ Street cleaning, snow removal and other clean-up and maintenance operations are greatly hampered by the present unregulated parking conditions. __ The restriction of on-street parking available to non-residents will reduce vehicle noise, pollution, congestion, accumulation of litter and other adverse environmental effects of automobile traffic and will thus encourage reliance on car pools and mass transit. __ The health, safety, welfare, and integrity of the residents, the residential area and the City as a whole, and the attractiveness and livability of the neighborhood will be better protected by a system of resident-only parking. __ Residential Parking Permit Authority The establishment of a resident-only parking zone shall provide for the issuance of parking permits subject to the following requirements: __ The Council shall identify the location, hours, and days to be regulated by the parking permit procedure. __ An application for a permit shall be on a form prepared by the City Council and shall contain the name and address of the registered owner, make, model, and license number of each vehicle for which a permit is requested, and any other information deemed reasonably necessary by the Council to enforce the provisions of this section. No persons shall furnish false information in an application for a resident-only parking permit. __ The number of parking permits per residence or per multi-dwelling unit shall be limited to the number of vehicles owned and registered to persons residing therein. __ Permits shall be made available on a continuous basis within those areas authorized by the Council action and issued to the residents of dwelling units located in the designated zone. Permits are non-transferable and shall be used only on the motor vehicle for which the permit was originally requested. __ Transferable permits for bona fide visitors shall be made available upon written application, to residents of dwelling units located in the designated zone. The number of transferable visitor parking permits shall be limited to three per dwelling unit. __ No fees shall be charged for the first two resident and/or visitor permits issued for a particular dwelling PROOFSPage 215 of 423 unit. Thereafter a fee, as adopted by a resolution of the Council, shall be charged for each resident and/or visitor permit issued or transferred as respects said dwelling unit. __ The permit decal shall be placed on the lower rear corner of the left window closest to the rear of the vehicle. __ Such permits shall permit parking in the designated zones during the time specified by the Council action, and the resident-only parking restrictions shall be posted on signs in the resident-only parking zone. A parking permit shall not guarantee or reserve to the holder a parking space within a designated resident- only parking zone. __ Residents within the designated zone, at a cost of one dollar for each permit, may apply to the City Manager or his designee for non-transferable and dated special event permits upon a showing by the resident that, during the date and hours for which the permits are to be issued, the use of the permits shall be for special events consistent with the residential character of the neighborhood and other provisions of law. Application for such special event permits shall be made no later than 10 business days prior to the date of such event. The City Manager or his designee shall determine the number of special event permits to be issued and the hours in effect upon determination that issuance of the same would neither unduly impair traffic safety, nor create serious problems during the effective period of the permits. __ Termination or Modification The Council may terminate a resident-only parking zone after conducting a public hearing and finding that the circumstances which originally prompted the establishment of the zone no longer exist. The Council may modify the resident-only parking restrictions in a resident-only parking zone if it determines that a change of circumstances warrants such modifications. __ Handicapped Parking Not Restricted Provisions of this section shall not abrogate the scope of parking privileges granted handicapped persons by statutes of the State of Minnesota or by other law. __ Penalties It is unlawful for any person to violate any established and sign-posted resident-only parking restriction and any person guilty thereof shall be subject to a fine not to exceed 25 dollars. Any person who intentionally falsifies information on an application for a parking permit or displays a fraudulently obtained or counterfeit permit shall be guilty of a misdemeanor. (Code 1988, § 9.11) Sec. 26-50. Fire lanes. (a) Creation of fire lanes. The City Manager or his designee is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary so that the travel of fire equipment will not be interfered with and that access to fire hydrants or buildings will not be obstructed. (b) Demarcation of fire lanes. The minimum width of any fire lane shall be no less than 20 feet. All fire lanes shall be maintained in accordance with the following: (1) All signs marking fire lanes shall be: a. Constructed of at least 18 gauge steel and clearly bear the words "No Parking - Fire Lane" in red text upon a white background; b. Of a size not less than 12 inches by 18 inches; c. Erected upon a steel post; d. Located no further than 100 feet apart in any continuous fire lane; e. Double sided on a stationary post perpendicular to the direction of travel; f. Located, as measured from the lowest point on the sign, seven feet from grade; and g. Located a minimum of 12 inches from the curb, but not more than 36 inches from the curb. PROOFSPage 216 of 423 (2) Any curb or roadway adjacent to a fire lane shall may be required to be striped with yellow paint to clearly define the limits of the fire lane. (3) Affected property owners are responsible for erecting and continually maintaining established fire lane signs upon private property in accordance with this section when directed by the City Manager or his designee. Upon an order of the City Manager or his designee, such owners shall erect and continually maintain fire lane signs within 30 days of the first notification of the order, at their own expense. The City shall be responsible for all signs upon public right-of-way and other public property. (4) The City Manager or his designee, at his discretion, may approve deviations from this section. (c) Parking regulations respecting fire lanes. It is unlawful to park any vehicle of any description or place any material or obstruction within 50 feet of the entrance to any fire station or within a designated fire lane. In the event that the City Manager or his designee finds a vehicle or other material unattended and/or obstructing a designated fire lane, he is hereby authorized to provide for removal of such vehicle or material to the nearest convenient garage or other place of safety outside the limits of the fire lane, at the expense of the owner. (d) Enforcement. The City Manager or his designee is authorized to issue citations for violations of this section. (Code 1988, § 9.12; Ord. No. 328, 2nd series, 5-20-2005) Sec. 26-51. Enforcement. Licensed peace officers, reserve officers, and community service officers employed by the Department of Public Safety are authorized to issue citations for violations of this article including Minn. Stats. ch. 169.34, 169.346 and 169.79 which are incorporated into this article by reference. (Code 1988, § 9.13) (CODIFIER'S NOTE: The subject of impounding and removing vehicles is covered in City Code, Section 10.71.) Secs. 26-52--26-75. Reserved. ARTICLE III. COMMERCIAL VEHICLES, JUNK CARS, STOCK CARS, RACERS, ETC. Sec. 26-76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned Motor Vehicle: means A motor vehicle that has remained for a period of more than 48 hours on public property illegally or lacking vital component parts, or has remained for a period of more than 48 hours on private property without the consent of the person in control of such property or in an inoperable condition such that it has no substantial potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to and accepted by the City. A classic car or pioneer car, as defined in Minn. Stats. § 168.10, shall not be considered an abandoned motor vehicle. Vehicles on the premises of junkyards and automobile graveyards, which are defined, maintained and licensed in accordance with Minn. Stats. § 161.242, or which are licensed and/or maintained in accordance with the City Code, shall not be considered abandoned motor vehicles within the meaning of this definition. Bus: means A vehicle designed for carrying more than 14 passengers or having a seating capacity of more than 14 persons. Commercial Vehicles: A motor vehicle is a commercial vehicle if: (1) The vehicle is a dump truck, a step van, a tow truck, a construction vehicle or equipment, an earth- moving vehicle or equipment, a van or pickup with a manufacturer's nominal rated carrying capacity of more than one ton, or any other vehicle which is used in connection with commercial activities; (2) Commercial equipment has been added to the vehicle such as winches or snow plows; (3) Commercial racks have been added to the vehicle for the purpose of holding equipment or materials; PROOFSPage 217 of 423 (4) The vehicle is a pickup with a nonstandard pickup box; or (5) The vehicle is a trailer loaded with another commercial vehicle or commercial equipment. Junk Car: means Any motor vehicle which is not in operable condition, or which is partially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind, or which is not properly licensed for operation. Racing Car: means Any motor vehicle designed or intended for operation on a speedway, racetrack, or other facility used or designed for high speed contests between two or more vehicles or for timing of speed. Stock Car: means Any motor vehicle of standard design and construction which is modified, adapted or altered in any manner to increase its speed or safety, and designed or intended for operation on a speedway, racetrack, or other facility used or designed for high speed contests between two or more vehicles or for timing of speed. Vehicle: shall mean Those vehicles and that equipment defined in numbers 1, 2, 3, 4 and 5 of this subdivision this section. Vital Component Parts: means Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train, and wheels. (Code 1988, § 10.70(1); Ord. No. 363, 2nd Series, 6-30-2007) Sec. 26-77. Parking or storing of junk cars, stock cars and racing cars. It is unlawful for any person to park, keep, place or store, or permit the parking or storage of, any stock car, racing car or junk car on a public street, or on any private lands or premises which such person owns, occupies or controls for a period longer than 12 hours unless it is within a building on such private premises. (Code 1988, § 10.70(2); Ord. No. 69, 2nd series, 6-13-1991; Ord. No. 363, 2nd series, 6-30-2007) Sec. 26-78. Parking or storing of commercial vehicles and equipment in residential districts. (a) No bus, commercial vehicle, equipment, or trailer shall be permitted to park in any residential district which exceeds any of the following: (1) Eight feet in height, measured from the ground to the highest point on the vehicle at recommended tire pressure. For the purpose of measuring height, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle; (2) Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle or trailer bed; or (3) Seven thousand pounds gross vehicle weight rating if the vehicle is a licensed or 7,000 pounds empty weight if it is an unlicensed vehicle. (b) Only commercial vehicles which do not exceed any of the size requirements under Subsection (a) of this section and are designed exclusively for on-street use can be parked on residential lots outside an enclosed building. (c) Exceptions. (1) Any vehicle that is actively engaged in providing a temporary service benefiting the property such as loading or unloading. (2) Vehicles actively used in conjunction with authorized construction, remodeling, or contract work while the work is underway. For purposes of this Code, active is considered a vehicle not left idle for more than 72 hours. (3) Vehicles used in conjunction with authorized State, County or City public works construction. (Code 1988, § 10.70(3); Ord. No. 69, 2nd series, 6-13-1991; Ord. No. 363, 2nd Series, 6-30-2007) Sec. 26-79. Repairs. It is unlawful for any person to service, repair, replace parts, or do any maintenance work on any vehicle on a PROOFSPage 218 of 423 public street, or on any private lands or premises unless it is within a building on such private premises. (Code 1988, § 10.70(4); Ord. No. 69, 2nd series, 6-13-1991; Ord. No. 363, 2nd Series, 6-30-2007) Sec. 26-80. Operation. It is unlawful for any person to drive or operate a stock car or racing car in the City. (Code 1988, § 10.70(5); Ord. No. 363, 2nd Series, 6-30-2007) Sec. 26-81. Removal and impoundment of vehicles. (a) Abandoned motor vehicles. The City Manager's designee may order the immediate removal and impoundment of any abandoned motor vehicle found within the City in violation of Section 26-77 or Minn. Stats. § 168B.03. (b) Illegally parked or stored vehicles. (1) Streets or alleys. The City Manager's designee or any police officer may order the immediate removal and impoundment of any vehicle found stopped, standing, parked or otherwise placed on any public street in violation of Section 26-77, 26-78 or 26-79. (2) Private property. a. If the designee determines that a vehicle is parked, kept, placed or stored on any private lands or premises in violation of Section 26-77, 26-78 or 26-79, the designee may: 1. Prepare and serve a notice of violation; or 2. Prepare a report of the violation to be referred to the City Attorney for issuance of a complaint. b. Any person receiving a notice of such violation may correct the violation within the period provided in the notice to avoid any civil liability for the costs of inspection and abatement, including towing and storage charges, as provided herein. Such person shall advise the designee of the correction and the designee may inspect the premises to verify the correction. If, upon inspection, the designee determines the violation continues to exist the designee shall proceed as provided in this subsection (2). c. If a notice of a violation as above is served by the designee, any person aggrieved by the determination of a violation may, within the period set forth in the notice, request a hearing before the Council to review such determination. The request shall be made by filing a written notice of appeal with the person specified in the notice. The appeal shall be set on the next feasible public hearing agenda of a regularly scheduled meeting of the Council by the City Manager. d. Pending the hearing and final determination by the Council with respect to such appeal, the designee shall take no further action to abate the alleged violation. e. At the hearing the Council may hear evidence presented by the person appealing the determination, by the designee, and from any other interested person. The Council shall make its determination as to whether a violation of this article exists based solely upon the testimony, documents and other evidence presented at the hearing. If the Council determines that a violation of this article exists it shall order a time period within which removal by the person responsible shall occur and if said order is not fully complied with then the designee shall proceed to abate the violation in accordance with the provisions of this section. The determination by the Council may be appealed to any court with appropriate jurisdiction. f. If the violation has not been corrected within the applicable notice period provided by this section, or within the time ordered by the Council after it has determined that a violation exists, then the designee may immediately order the removal and impoundment of such vehicle in accordance with the City Code. g. Upon the Court conviction of any person for a violation of Section 26-77, the designee shall immediately determine whether such violation continues to exist, and if so may commencing 48 hours after said conviction proceed to abate said violation in accordance with the provisions of this PROOFSPage 219 of 423 section except that in such case the notice and hearing provisions of this section shall not apply. (3) Notice of violation. a. If a notice of violation is required, the designee shall prepare a notice of violation which shall contain the following information: 1. The location of the premises where the violation exists, by street address; 2. The year, make, model and serial number of the vehicle alleged to be in violation, if such information can be reasonably obtained by the designee; 3. A short description of the violation, including a reference to the applicable provisions of the City Code; 4. A statement of the actions necessary to remedy such violation; 5. The date by which the violation must be remedied to avoid removal and impoundment of the vehicle as provided in this section, provided that such date shall be no earlier than 10 business days after the notice is served; 6. A statement that the City will remove and impound the vehicle if the violation is not remedied within the time specified in the notice; 7. An address, telephone number and name of the person to be contacted to: (i) Request a hearing regarding the determination of a violation; (ii) Answer questions regarding the notice; or (iii) Arrange an inspection to verify that the violation has been remedied. b. The notice shall be served by the designee by certified mail or by personal service, upon the registered owner of the vehicle, if any, upon the owner of the equipment, upon the owner of the premises, and, if other than the owner, the occupant or person in charge of the premises. If it is impossible for the designee to determine with reasonable certainty the identity and address of the registered owner of the vehicle, the owner of the equipment, or the owner of the premises, the notice shall be published once in the newspaper of general circulation in the City, and shall also be posted upon the premises. (Code 1988, § 10.70(6); Ord. No. 363, 2nd series, 6-30-2007) Sec. 26-82. Violation a misdemeanor. Every person violates a section, subsection, or provision of this article when such person performs an act thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this article, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 10.70(7); Ord. No. 363, 2nd series, 6-30-2007) Secs. 26-83--26-107. Reserved. ARTICLE IV. INVOLUNTARY TOWING Sec. 26-108. Removal and impounding of vehicles. Whenever any vehicle, whether occupied or not and whether damaged or not, is found abandoned on public or private property, or is found stopped, standing, or parked in violation of the provisions of the City Code, or is reported stolen, or is found impeding firefighting, snow removal, or the orderly flow of traffic, or is determined or believed by the Police Department to have been involved in the commission of any crime, the City Manager, any police officer, or other duly authorized person may immediately order it to be removed and impounded in the manner hereinafter provided, and it shall be surrendered to the duly identified owner thereof by the towing contractor only upon payment of the fees hereinafter provided, which are declared to be the vehicle impound fees covering the same. The City Manager, any police officer, or any other duly authorized person shall have the further PROOFSPage 220 of 423 authority to place upon any such vehicle a tag or identification card marked: "Police Hold - Do not release this vehicle without the permission of the Golden Valley Police Department," which tag shall be left upon said vehicle, conspicuously displayed and the conditions thereof obeyed by all persons, until such time as its release is authorized in accordance with the terms of this article. In addition such tag shall contain such other information as is required under the terms of this article. (Code 1988, § 10.71(1)) Sec. 26-109. Bids for towing contractors. The City Manager or his designee may negotiate or advertise for bids by persons desiring to act as towing contractor for vehicles impounded and the Council may by motion or resolution accept the bid of one or more bidders as official towing contractors of the City. (Code 1988, § 10.71(2)) Sec. 26-110. Contract and bond. Contracts shall be entered into in writing for a period not exceeding three years which shall set forth that the towing contractor agrees to indemnify and hold the City harmless from any and all claims arising out of said towing and impounding operations and which shall also set forth the fees to be paid and the services to be rendered by such contractors. The City may, but need not, provide in any such written contract for the leasing of space on City property to the towing contractor for the operation of the storage area; provided, however, that any such agreement for lease must provide for a reasonable rental reimbursing the City for its costs relating to the property thus leased and must further provide that the towing contractor shall be solely liable for and on all matters relating to the operation of said storage area as between the parties thereto. No person shall act as towing contractor for the City before entering into such a written contract with the City and filing with the City Clerk a bond in the sum of $10,000.00 with corporate surety, conditioned upon: (1) The proper handling and safekeeping of impounded vehicles, accessories, and personal property during the period of impounding prior to delivery thereof to the City or the owner; (2) Reimbursement to the City and owners for damage to or loss thereof; (3) Guarantee of payment to the City for fees due the City under the contract; and (4) Guaranteeing the performance of said contract. Such bond shall be approved by the City Attorney as to form and execution and shall be in addition to any such liability insurance coverage as the City might require as evidence of the ability of the towing contractor to provide indemnification as hereinabove set forth and as is required by this article. (Code 1988, § 10.71(3)) Sec. 26-111. Taking possession, towing and release. The towing contractor shall take immediate possession of any vehicle duly ordered impounded and shall tow such vehicle to the impounding place. No such vehicle shall be released without authorization by the City Manager or Chief of Police. (Code 1988, § 10.71(4)) Sec. 26-112. Towing and storage charges. The towing and storage charges in connection with the impounding of any vehicle shall not exceed the amount agreed upon in any current contract between the City and a duly appointed towing contractor, a true and correct copy of which contract shall be on file in the office of the City Manager or his designee and in the office of the City Clerk for public inspection and reference. The said charges shall include a per vehicle charge for clerical and administrative expenses of the City as set forth in the current contract and any such per vehicle rental fee due the City as may be specified in the current contract with the towing contractor in the event that the contractor is leasing vehicle storage space from the City. The sums due the City for each vehicle, collected as aforesaid, shall be paid by the towing contractor to the City on or before the 10th day of each month. (Code 1988, § 10.71(5)) PROOFSPage 221 of 423 Sec. 26-113. Charge when owner appears before towing. Charges when owner appears before towing shall be specified in the current contract. (Code 1988, § 10.71(6)) Sec. 26-114. Tow truck operator to have identification certificate. The Chief of Police and the towing contractor under contract with the City shall jointly see to and require that every tow truck operator answering a request by the Police Department for the towing and impounding of any vehicle shall have in possession a true identification certificate, issued by the City Manager. No person shall act as a tow truck operator in answering any request from the Police Department for the towing of any vehicle to be impounded without having in possession such identification certificate herein provided for, and such tow truck operator shall exhibit such identification card to the owner of the vehicle or the agent of the owner upon request therefor and shall truthfully answer any proper questions pertaining to the impounding of the vehicle. (Code 1988, § 10.71(7)) Sec. 26-115. Towing contractor to notify owner. The towing contractor shall give notice of the impounding of such vehicle to the owner of such vehicle as shown by the records of the State, by telephone immediately upon the receipt of such vehicle, if possible, and if it is not possible, shall notify the owner by registered letter mailed within 24 hours after the receipt thereof. (Code 1988, § 10.71(8)) Sec. 26-116. Storage of impounded vehicles. Any vehicle directed to be impounded as herein provided, from the time it is taken possession of by the towing contractor and during the time it is impounded, and until the same is released to the owner as herein provided, shall be considered to be in the custody of the law, and no work shall be done thereon by the towing contractor, nor shall such contractor permit anyone to do any work thereon except the impounding and storage thereof by the employee or agent of such contractor, until such car has been released to the owner as herein provided. All such cars when ordered released to the owner shall be without other charge than the impounding and storage fees herein provided. The towing contractor during the time the vehicle is impounded shall not permit the owner or any other person to take or remove from the vehicle any part or change or repair any part. All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored in inside garages if the Police Department so directs the towing contractor. Vehicles impounded for other reasons may be stored in inside garages or on designated parking lots. (Code 1988, § 10.71(9)) Sec. 26-117. Release form. At the time of return of the vehicle the towing contractor shall release the same by authority of a release in writing which shall state the date of such release together with the charges enumerated thereon and the purpose for which such charges were made. Such release shall be made in one original and three copies, all of which shall be signed by the towing contractor and the person to whom such release is made and shall bear upon them the necessary approval of the City Manager or Police Department as required by this article. The towing contractor shall retain the original of such release and shall deliver one copy thereof to the owner of the vehicle and two copies to the Police Department. Of such two copies, the Police Department shall deliver one to the City Treasurer. (Code 1988, § 10.71(10)) Sec. 26-118. Damaged vehicles. The towing contractor shall not solicit, directly or indirectly, the impounding or towing of cars under this article. If any vehicle, whether occupied or not, is found upon the streets of the City in such a damaged condition as a result of accident or disrepair that it cannot be driven, and is so located as to constitute an obstruction of the street, the same may be ordered impounded by the Police Department; provided, that if the owner or operator thereof has requested, or does request, that such vehicle be towed to any garage other than the towing contractor, and provided that the said owner shall advance to the towing contractor a sum equal to the impounding fees necessary under this article to cover the cost of towing, neither the towing contractor nor the Police Department, nor anyone PROOFSPage 222 of 423 else, shall order such vehicle to be impounded in any public pound unless the Police Department considers possession of such is necessary in the prosecution of any person for violation of law. (Code 1988, § 10.71(11)) Sec. 26-119. Vehicles to be tagged. Any unoccupied vehicle or damaged car ordered impounded by the Police Department shall immediately be tagged by the Police Department, which tag shall show the disposition of the car ordered by said Police Department, and the reason for which impounded. (Code 1988, § 10.71(12)) Sec. 26-120. Sale of vehicle where owner cannot be identified. If any such vehicle is found or recovered under circumstances which do not give the Police Department or the towing contractor knowledge or means of inquiry as to the true owner thereof the same shall be deemed abandoned and the Police Department shall immediately report such facts in writing to the City Manager. If the City Manager is of the opinion that the value of such vehicle justifies the giving of published notice of sale and public auction of such vehicle, the Manager shall give notice and sell such vehicle as abandoned personal property at such public auction, depositing the proceeds of said sale with the City Treasurer. If the City Manager is of the opinion that the value of such vehicle does not justify sale in such manner, the City Manager shall summarily sell such vehicle, depositing the proceeds of such sale with the City Treasurer. Such proceeds shall be placed in the general fund of the City subject to the right of the former owners to payment of the net sales price (after deduction of the impounding fees and the expense of such sale) from the fund upon application and satisfactory proof of ownership within six months from such sale. Any vehicle not claimed by the person given notice of impounding in accordance with the terms of Section 26-115 within six months of the date of such a notice given by registered mail shall likewise be deemed abandoned and thereafter sold or disposed of in the same manner as is set forth in this section with respect to vehicles as to which the owner cannot be identified or located. (Code 1988, § 10.71(13)) Sec. 26-121. Report of police officer. Any police officer or other authorized person directing the impounding of any unoccupied or damaged vehicle shall prepare a written report of the description of such vehicle, which report shall, among other things, include the following: make of car; license number; serial number; number of tires; tools and other separate articles of personal property; general description of the car with regard to condition, damaged parts, and such other information as may be necessary to describe adequately the vehicle and property delivered to the towing contractor. A copy of such report, signed by the officer or officers, shall be delivered to the towing contractor at the time of impounding. The towing contractor shall receipt for such report, and shall check such report, and the signature thereon of such contractor shall be considered a receipt for the vehicle and property described in said report. The original and one copy of said report, and towing contractor's receipt, shall be filed in the Police Department. The Police Department shall deliver one of said copies to the City Treasurer. (Code 1988, § 10.71(14)) Sec. 26-122. Insurance. (a) The towing contractor must at its own expense obtain and continue in full force and effect at all times during the term of the towing contract the following insurance coverage: (1) Comprehensive general liability insurance insuring against liability for bodily injury or death or basic economic loss in the sum of $200,000.00 for any one person, and in the sum of $500,000.00 for two or more persons for the same occurrence, and for damages to property in the sum of $100,000.00; (2) All of the required automobile liability and property damage insurance and basic economic loss benefits/personal injury protection (PIP) endorsements set forth in Subsection (a)(1) of this section, shall also include coverage for non-owned and hired vehicles in the same minimum amounts as for comprehensive general liability coverage as stated in Subsection (a)(1) of this section; (3) Worker's compensation insurance and employer's liability insurance as required by law; PROOFSPage 223 of 423 (4) Fire, theft, and other loss coverage of at least $100,000.00 and garage keeper's liability coverage of at least $50,000.00. (b) The City shall be named as an additional insured in these policies, which shall provide that the coverage may not be terminated or changed by the insurer except upon 10 days' written notice to the City Clerk. Failure to comply with the provisions of this section shall automatically suspend the towing contract until the insurance has been reinstated. All endorsements shall apply to both bodily injury or death and property damage coverages. (c) Prior to the commencement of the towing contract, the contractor shall furnish the City certificates or copies of these policies of insurance reflecting that the same are in full current force and effect, and these certificates and/or policy copies shall be reviewed and approved by the City Clerk for compliance with this article. No policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that in no event will any exclusion be permitted if the same conflicts with the coverage expressly required in this contract. In addition, no policies required hereunder shall contain any exclusion for bodily injury to or for the sickness, disease, or death of any employee of the contractor which would conflict with or in any way impair coverage under the contractual liability endorsement of the contractor pursuant to this agreement. (d) Compliance by the contractor with the foregoing requirements to carry insurance and furnish certificates thereof shall not relieve the towing contractor from any liability assumed under or pursuant to any provision of this contract. (Code 1988, § 10.71(15)) PROOFSPage 224 of 423 Chapter 27 RESERVED PROOFSPage 225 of 423 Chapter 28 UTILITIES ARTICLE I. IN GENERAL Sec. 28-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Clear Water: is Any surface flow, run off, and or drainage that does not contain any hazardous substance or sewage wastewater. This includes, but is not limited to, NPDES permitted discharges, stormwater, and water from foundation and footing drains and basement or other sump pumps Consumer and Customer: mean Any user of a utility. Draintile: means A subsurface drainage and conveyance system of clear water and groundwater into the storm sewer system. Food Service Facility: means Any facility containing an operation that prepares, packages, serves, vends, or otherwise provides food or which disposes of food related wastes. The term "food service facility" does not include single-family or multifamily residential facilities, but does include institutional facilities and other facilities designated by the City Manager or his designee, as a facility that discharges enough fats, oils and grease (FOG) to have a significant impact on the City's sanitary sewer system. Fats, Oils and Grease or (FOG): means Material composed primarily of fats, oils and grease from animal or vegetable sources. Grease Interceptor/Trap: means A City-approved device for separating and retaining waterborne FOG prior to wastewater exiting the interceptor and entering the sanitary sewer collection and treatment system. Infiltration: is An indirect connection or discharge of clear water into the sanitary sewer system. Inflow: is Any direct connection of clear water into the sanitary sewer system. Interceptor Sewer: means that The portion of the sanitary sewer system that extends outside of the City and is owned, operated and maintained by the Metropolitan Council - Environmental Services. Inspector: means The City Manager or his designee. Joint Water Commission (JWC): means The commission established through a joint powers agreement between the Cities of Golden Valley, Crystal and New Hope to provide potable water to customers in the three cities. Metropolitan Council Environmental Services (MCES): The responsible agency for the provision of wastewater treatment services within the metropolitan area. Minneapolis Water Works (MWW): means A municipal water system owned and operated by the City of Minneapolis. Municipal Utility: means Any City-owned utility system, including, but not limited to, water, sanitary sewer and storm sewer service. Owner: means The person or entity that owns or holds the title of a property served by a municipal utility. REC Units: mean Residential equivalent connection units, a measure of the maximum expected impact a property's use (whether residential, commercial, industrial and/or other) is expected to have on the City's water or sewer system, as applicable. SAC Units: mean The sewer availability charge units determined under the current Metropolitan Council Environmental Services Procedure Manual for the Sewer Availability Charge Program. PROOFSPage 226 of 423 SAC Units City: The charge for access to the City's sanitary sewer system determined by MCES Procedure Manual for the Sewer Availability Program. SAC Determination: means A determination of the number of SAC units required for a property under the Metropolitan Council Sewer Availability Charge Program as a result of a new or modified use of the property and/or any development or redevelopment activity at the property. Sanitary Sewer System: includes All street lateral, main and intersecting sewers and structures by which sewage wastewater or industrial wastes are collected, transported, treated and disposed of; provided that this shall not include plumbing inside or a part of a building or premises served, or service sewers from a building to the sanitary sewer main. Sewage Wastewater: means water-carried waste products from residences, public buildings, institutions or other buildings or premises, including the excrement or other discharge from the bodies of human beings or animals. Sewer Main: means that The portion of the sanitary sewer system that is owned, operated and maintained by the City. The City portion of the sanitary sewer system is typically within street rights-of-way or easements. Sewer Service Lateral or Service Lateral: means that The portion of the sanitary sewer system that generally is perpendicular to the sewer main and extends from the sewer main to the structure being served. Storm Sewer: means A subsurface drainage facility that conveys stormwater runoff and snow melt runoff into surface water bodies. Sump Pump Inspection: means A visual examination of a sump pit and the pump and discharge piping designed to remove liquids therefrom. Trunk Water Main: means Water mains larger than 12 inches in diameter that distribute water throughout the distribution system and are owned by the Joint Water Commission and maintained by the City. Utility: means All utility services, whether public, City-owned facilities, or furnished by public utility companies. Wastewater Sewage: means Water-carried waste products from residences, public buildings, institutions or other buildings or premises, including the excrement or other discharge from the bodies of human beings or animals. Water Access Charge: Charge for access to City's water system determined by MCES Procedure Manual for the Sewer Availability Program. Water Main: means that The portion of the potable water distribution system that is 12 inches in diameter and smaller, and is owned, operated and maintained by the City. Water Service: means that The portion of the potable water system that is generally perpendicular to the water main that extends from the water main to the structure or group of structures being served. (Code 1988, § 3.01; Ord. No. 351, 2nd series, 10-13-2006; Ord. No. 354, 2nd series, 12-15-2006; Ord. No. 531, 2nd series, 10- 21-2014; Ord. No. 615, 2nd series, 12-16-2016) Sec. 28-2. Fixing rates and charges for municipal utilities. All rates and charges for municipal utilities, including, but not limited to, rates for service, permit fees, deposits, surcharges, fines, connection and meter testing fees, disconnection fees, reconnection fees including penalties for non-payment, if any, shall be fixed by the Council and adopted by ordinance. (Code 1988, § 3.02; Ord. No. 351, 2nd series, 10-13-2006) Sec. 28-3. Contractual contents. Provisions of this chapter relating to municipal utilities shall constitute portions of the contract between the City and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. (Code 1988, § 3.03) PROOFSPage 227 of 423 Sec. 28-4. Rules and regulations relating to municipal utilities. (a) Billing, payment and delinquency. Each customer shall be billed regularly for all municipal utilities. All utility charges shall be delinquent if they are unpaid at the close of business on the due date shown on the bill. If the due date shown on the bill falls on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. A uniform grace period may be set by the City Council in the annual fee ordinance. A penalty shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency, it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. (b) Application, connection and sale of service. Application for municipal utility services shall be made upon forms supplied by the City, and strictly in accordance therewith. No connection shall be made until the appropriate permits have been received from the City. All municipal utilities shall be sold and delivered to consumers at the current rates established by the City. Applications shall be granted, and permits issued, only to contractors certified by the State to install utilities licensed master plumbers who have provided evidence of liability insurance, a State license, and a bond meeting State requirement including product liability coverage, with limits consistent with current City limits or statutory requirements, whichever is greater. (c) Discontinuance of service. All municipal utilities may be shut off or discontinued whenever it is found that: (1) The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of this chapter; (2) Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof; (3) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges for these services; (4) The owner, occupant or tenant of a premises served has denied entry for the purpose of repairing water meters or inspecting sump pumps, drains or other facilities; or (5) The structure receiving service becomes uninhabitable for any reason. (d) Ownership of municipal utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances, shall be and remain in the City or jointly with other municipal corporations or public bodies, and no person shall own any part or portion thereof, except for sewer service laterals, water services and draintile service stubs referenced in this chapter. (e) Right of entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any inspector may enter into and upon the private property of the customer, including dwellings and other buildings, at all reasonable times under the circumstances for the purpose of inspecting, repairing, reading, and exchanging meters or connecting or disconnecting a municipal utility service. (f) Meter test. Whenever a consumer requests that the City test any utility meter they are currently using, the request shall be billed to the customer accompanied by a cash deposit, in an amount to be fixed by the Council and adopted by ordinance, for each meter to be tested. If the meter is found to be inaccurate the meter shall be replaced with an accurate meter and no meter testing charges will be billed to the customer and the deposit refunded. If the meter is found to be within the standard established by the American Water Works Association accurate in its recordings or calculations, it shall be reinstalled and the meter testing costs will be billed to the customer and the deposit shall be retained by the City to defray the cost of the testing. (g) Unlawful acts. (1) Pursuant to Minn. Stats. § 609.594 it is unlawful for any person to break, damage, deface, disturb, or in any way interfere with any building, attachment, machinery, apparatus, equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility. (2) It is unlawful for any person to make any connection with, opening into, use, or alter in any way any municipal utility system without first having applied for and received a permit to do so from the City. PROOFSPage 228 of 423 (3) It is unlawful for any person to turn on or connect a utility when the utility has been turned off or disconnected by the City for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the City. (4) It is unlawful for any person to tamper or circumvent, by any means or device a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge. (h) Municipal utility services and charges a lien. (1) Payment for all municipal utility services and charges shall be the primary responsibility of the owner of the premises served and shall be billed to the owner unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented to by the City. The City may collect all charges, penalties and surcharges in a civil action or as otherwise provided in this subsection (g). (2) Each utility account is hereby made a lien upon the premises served. All such accounts which are more than 45 days past due may, when authorized by resolution of the Council, be certified by the City Clerk to the County Auditor, and the City Clerk, in so certifying, shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other property taxes. (i) Sanitary sewer service cleanout. The customer shall provide a working sanitary sewer service cleanout at all times for the purposes of inspections and maintenance. Failure to provide a working cleanout is considered a refusal to allow an inspection under this chapter. (Code 1988, § 3.04; Ord. No. 351, 2nd series, 10-13-2006) Sec. 28-5. Excavations for utilities. (a) Permit required. It is unlawful to excavate on private property for the installation or repair of water or sanitary sewerage services without a permit therefor from the City. No backfilling shall be permitted until inspected and approved by the City. (b) Insurance required. No permit shall issue until the applicant shall provide evidence of public liability insurance coverage with limits of at least $50,000.00 per person, $100,000.00 per occurrence and $10,000.00 property damage. (Code 1988, § 4.50) Sec. 3.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or aids and abets another person in doing the same, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 3.99; Ord. No. 407, 2nd series, 8-29-2008) Secs. 28-6--28-28. Reserved. ARTICLE II. WATER SYSTEM* *State law reference—General authority relative to water systems, Minn. Stats. § 412.221, subds. 11, 31. Sec. 28-29. Rules and regulations relating to water service. (a) Deficiency of water and shutting off water. The City is not liable for any deficiency or failure in the supply of water to customers whether occasioned by shutting the water off for the purpose of making repairs or connections or by any other cause whatever. In case of fire, or alarm of fire, water may be shut off to ensure a supply for firefighting. In making repairs or construction of new works, water may be shut off at any time and kept off so long as may be necessary. PROOFSPage 229 of 423 (b) Repair of leaks. It is the responsibility of the consumer or owner to maintain the service pipe from the curb stop into the house or other building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his service pipe within 24 hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately. (c) Abandoned services penalties. All service installations connected to the water system that have been abandoned or, for any reason, have become useless for further service shall be disconnected at the main or as directed by the City Manager or his designee. The owner of the premises, served by this service, shall pay the cost of the excavation. The owner or his agent shall perform the actual disconnection. When new buildings are erected on the site of old ones, and it is desired to increase the old water service, a new permit shall be taken out and the regular tapping charge shall be made as if this were a new service. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly removing such pipe from the main. Also, such improper disposition thereof shall be corrected by the City and the cost incurred shall be borne by the person causing or allowing such work to be performed. (d) Service pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than 7 1/2 feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. All service pipes two inches or smaller shall be according to City standards copper. Frozen service pipes between the curb stop and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing. Joints on copper tubing shall be flared or compression-fitted, and kept to a minimum. Not more than one joint shall be used for a service up to 70 feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be one inch in diameter. (e) Private water supplies. No water pipe of the City water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply and when such are found, the City shall notify the owner or occupant to disconnect the same and, if not immediately done, the City water shall be turned off. Before any new connections to the City system are permitted, the City shall ascertain that no cross connections will exist when the new connection is made. When a building is connected to City water, the private water supply may be used only for such purposes as the State City may allow. (f) Water emergencies. (1) Whenever in the judgement of the City Manager or his designee the water pressure and water in the municipal water system reaches a level which endangers the public health or safety of residents and other persons in the City, the City Manager or his designee may declare a state of water emergency which shall continue until such time as the City Manager or his designee shall determine that the danger to public health or safety no longer exists. Forthwith upon the declaration of a state of water emergency, notice thereof shall be given to the news media, and all orders of the City Manager or his designee issued pursuant thereto shall be enforced after one hour has elapsed from the time of such notice. (2) During the existence of a state of water emergency the City Manager or his designee may, by order, prohibit any sprinkling, irrigation or other utilization of water from the City's municipal water system for lawn, grass or turf, or prohibit sprinkling, irrigation or other utilization of water from the City's municipal water system for lawn, grass or turf, except in those areas stated in the notice that such utilization of water may be used on odd- or even-numbered days of the month. (3) Upon written request and approval by the City Manager or his designee and subject to such terms and conditions imposed by the City Manager or his designee with respect to such approval, the following persons may be authorized to sprinkle, irrigate or otherwise utilize water from the City's municipal water system at times other than permitted in Subsection (f)(2) of this section: a. Any person owning or operating a commercial or business enterprise whose economic well-being is dependent upon sprinkling, irrigating or watering of a lawn, grass or turf owned, leased or PROOFSPage 230 of 423 operated by it; b. Employees and agents of the City, in such instances wherein lawn, grass or turf used for play fields or areas owned or operated by the City require more frequent watering to prevent unreasonable damage thereto; c. Owners and lessees (their employees and agents) of lands newly sodded or grass seeded which requires sprinkling or irrigation to prevent loss of new sod, seed or immature turf or grasses. (4) Unlawful act. It is a petty misdemeanor for any person to violate any provision of this subsection (f). (g) Fire hydrants on public easements. In order to properly provide for adequate fire protection on privately developed property (in any zoning district) where no plat is involved (and therefore no publicly dedicated streets within which water mains and fire hydrants can be provided for), there is hereby established the requirement that in all of such non-platted areas of development the owner of the property sought to be thus developed shall provide and dedicate to the City, without cost to the City, and as consideration for the granting of any permits respecting the development of or building upon said land, perpetual easements permitting the location therein of water mains and fire hydrants in accordance with locations established and approved by the City Manager or his designee. Following the establishment of such easements the City shall cause to be constructed therein water mains and fire hydrants as appropriate and sufficient to adequately protect the persons and properties in the area to be served by the same. The cost of said water mains and fire hydrants shall be borne and paid by the owner or owners of the property or properties served thereby, and if said obligation is not voluntarily discharged by said owner, then the City shall have the option of calling a public hearing and assessing the cost of said construction as a public improvement in accordance with the provisions of Minn. Stats. § 429.01 et seq. Following the construction of said improvements the responsibility for the inspection and maintenance of said water mains and hydrants shall rest with the Public Works Department. The property owner or owners shall pay for such services at an annual rate set by resolution of the Council for each hydrant plus the actual cost of labor and materials involved in the making of such repairs (including an overhead administrative allowance respecting any such labor cost). In the event that the owner or occupant of any properties thus served by the type of fire hydrants and water mains covered by this Subdivision shall desire to use water from said hydrants other than for the purpose of combating or controlling a fire or other emergency, then, and in such event such owner or occupant must make application to the Public Works Department for such purpose. (g) Mandatory connection. If City water is present in the right-of-way or easement adjacent to a property, the property shall be connected to the City water system. (h) Opening hydrants. It is unlawful for any person, other than members of the Department of Public Safety or other person duly authorized by the City, in pursuance of lawful purpose, to open any fire hydrant or attempt to draw water from the same or in any manner interfere therewith. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use. (i) Water meters. All water meters shall be purchased by the property owner. Maintenance of all meters shall be performed by the City. Cost of all repairs of water meters not resulting from normal usage shall be the responsibility of the property owner. Any remote type meter in need of replacement by reason of normal usage shall be furnished and installed by the City, and the City shall thereafter own such meter. (j) Code requirement. All piping, connections and appurtenances shall be installed and performed strictly in accordance with the Minnesota Plumbing Code. Failure to install or maintain the same in accordance therewith, or failure to have or permit required inspections, shall, upon discovery by the City, be an additional ground for termination of water service to any consumer. (k) Additional rules and regulations. The Council may, by resolution, adopt such additional rules and regulations relating to placement, size and type of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the City Manager or his designee, and uniformly enforced. (Code 1988, § 3.20) Sec. 28-30. Water access charges. Page 231 of 423 (a) In all areas of the City and for all uses,whenever any building permit to be issued by the City includes authorization for work that requires a SAC determination, a water access charge must be paid to the City by the permit applicant or property owner prior to the issuance of the permit. (b) The amount of the water access charge shall be based on the number of REC units resulting from the use of the City water system due to the work authorized under the buildingpermit.The number of REC units shall equal the number of SAC units determined under the SAC determination to which the building permit relates. (c) The per REC unit water access charge shall be established in the City's Master Fee Schedule. (d) Water access charges collected under this section shall be deposited into the City's water enterprise fund, or other similar fund, and shall only be used to finance improvement or replacement projects for or related to the City's water system,and shall not be transferred into the City's,general fund at any time. (e) This section shall only apply to building permits issued after January 1,2017;provided that this section shall not apply to: (1) Building permits issued before January 1,2018,for which the City received the complete building permit application before January 1,2017;and (2) Building permits issued before January 1, 2018, which permits are issued for development or redevelopment projects that received land use approval from t City prior to January 1,2017. (Code 1988,§3.21;Ord.No.615,2nd series, 12-16-2016) Sees.28-31--28-48.Reserved. ARTICLE III.SEWER M* *State law reference—General authority relative to sewer sys ms, Stoe!§412.221,subd.31. Sec.28-49.Rules and regulations relating to sanitary wer se ice. The following apply only to sanitary sewer ervic (1) Metered water not discharged. If a p ion of a water furnished to any premises is consumed and not directly or indirectly dischar^0 ry sewer system, the consumer may request a separate water meter for the portion U a ter consumed and not discharged in the sanitary sewer.There shall be no sanitary sewer crd with the water meter account for water consumed but not discharged to the sani (2) Deleterious substances. nciIXEnvironmental Services standards shall control disposal of types of substances d (3) Unlawful discharge. Except as otherwise expressly authorized in this subsection,no water from any roof surface, sump pump, footing tile or drains, swimming pool, any other natural precipitation or groundwater, cooling water or industrial process shall be discharged into the sanitary sewer system or infiltrate into the sanitary sewer system as a result of defective plumbing or a defective lateral sewer service. Dwellings, buildings and structures with sump pumps or footing tiles or drains shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system,except as provided herein.A permanent installation shall be one which provides for year-round discharge capability to either the outside of the dwelling,building or structure,or is connected to a City storm sewer or draintile. It shall consist of a rigid discharge line without valving or quick connections for altering the path of discharge or a system otherwise approved by the City Manager or his designee. a. Any person, firm or corporation having a roof surface, groundwater sump pump, footing tile or drain,swimming pool,cooling water or unpolluted industrial process water now connected and/or discharging into the sanitary sewer system shall disconnect or remove the same.Any disconnects, openings, or defects in the sanitary sewer system shall be closed or repaired in an effective, workmanlike manner with the proper permits and inspected by a representative of the City.If a City draintile or storm sewer system is available to the property,these discharges may be connected to it. If a public system is not utilized, these discharges must be accommodated on the owner's r seal ey S`Q✓✓I Ce G�'►� sa ( �v Page 232 of 423 1 a�Pra� property. b. Any property owner or consumer applying for a plumbing perm' (excluding permits for water heaters), variance,minor subdivision or other action from the Ci shall agree to an inspection of the structure's sump pump, footing or foundation drain dischargeefor compliance with this Code. All inspections and inspection reports must include a date-stamped video record of the complete lateral line from the property to sewer main. All inspections must be performed and reports completed in accordance with City standards and specifications. In lieu of having the City inspect the property,the owner may furnish a certificate from a licensed plumber in a form acceptable to the City,certifying that the inside of the property owner's home,or other building on the property, is s in compliance with this chapter, that the licensed plumber completing the certification was the individual who performed the inspection, that he is licensed to perform such inspections, and that the videotape of the lateral line is accurate. The date-stamped video record shall be submitted to the City and reviewed and approved by the City for assessment of compliance with this section. Requested actions shall not be forwarded to City boards or commissions or the City Council for review until the discharges are in full compliance with this section. C. Every person owning real estate to which sanitary sewer service is provided shall allow the City or a designated representative of the City to inspect the buildings,if any,to confirm there is no sump pump or other prohibited discharge into the sanitary sew stem.In lieu of having the City inspect such property, the owner may no later than 30 days a er mai ed written notice from the City that the property is subject to inspection, furnish a i a licensed plumber in a form acceptable to the City,certifying that the rope s in om is with this chapter.All inspections and inspection reports must include a date-stam in re ord of the complete lateral line from the property to the sewer main. All iJalice ii7ust be performed and reports completed in accordance with City standards and speIn)Yeu of having the City inspect the property, the owner may furnish a certificate fred plumber in a form acceptable to the City, certifying that the inside of the p me is in compliance with this chapter, that the licensed plumber completing t certific' ion was the individual who performed the inspection, that he is licensed to perform h insp tions, and that the video record of the lateral line is accurate.The date-stamp eo all be submitted to the City and reviewed and approved by the City for assess o in li nce with this section. The City may inspect or re-inspect any buildings to confir9M&r no p pump or other prohibited discharge into the sanitary sewer system with a vam wavant. d. All new structures sumps for which a building permit is issued shall be plumbed to the outside of the dwelling, and co nected to a City draintile or storm sewer system, if available, before a certificate of occupancy is issued except that upon City approval, discharge may be made to privately or publicly owned infiltration basins or storm sewer systems. A maintenance agreement with the City is required for any such basin in the right-of-way. e. Any property with a sump pump found not in compliance with this Code but subsequently verified as compliant shall be subject to an annual re-inspection to confirm continued compliance. If that property is found not to be in compliance upon re-inspection,or any person refusing to allow their property to be re-inspected within 30 days after receipt of mailed written notice from the City,or failing to furnish a certificate certifying compliance with this chapter from a licensed plumber in a form acceptable to the City as described in Subsection(3)b and c of this section,that property shall be subject to a nonrefundable surcharge in the City's Master Fee Schedule of$500.00per-menth, to be imposed on each sewer bill thereafter to that property until the noncompliance or refusal to allow entry is corrected.All properties found during any re-inspection to have violated this section shall be subject to a nonrefundable monthly surcharge that is double the previously charged surcharge. The nonrefundable surcharge for all properties which are not single-family residential shall be in the City's Master Fee Schedul . f. In the event a foundation drain is connected to the sanitary sewer service, it shall not only be disconnected but the property owner shall install a sump basket and pump properly discharged Page 233 of 423 outside the structure to provide adequate drainage from the foundation drain system. (4) Winter discharge.The City Manager or his designee is authorized to permit a property owner to discharge clear water into the sanitary sewer system. Prior to issuance of the permit the City Manager or his designee must verify that the criteria to issue the permit have been satisfied.The fee for this permit shall be in an amount to be fixed by the Council and adopted by ordinance. The permit shall authorize such discharge only from November 15 to March 15, shall require the owner to permit an inspection of the property on March 16 or as soon thereafter as possible to determine that discharge into the sanitary sewer has been discontinued and shall subject the owner to a$500 en nonrefundable surcharge in the City's Master Fee Schedule in the event the owner refuses an inspection or has failed to discontinue the discharge into the sanitary sewer. The nonrefundable charge will commence with the April water billing and continue until the property owner establishes compliance with this section. A property owner is required to meet at least one of the following criteria in order to obtain a permit: a. The freezing of the discharge from the sump pump, footing or foundation drain is causing a dangerous condition,such as ice buildup or flooding,on either public or private property. b. The property owner has demonstrated that there is a danger that the sump pump, footing or foundation drain pipes will freeze up and result in either failure or damage to the sump pump unit or the footing or foundation drain and cause basement flooding. C. The water being discharged from the sump pumps cannot be readily discharged into a City draintile or storm sewer cyst ceptable drainage system. Following 10 days'written notice and an opportunity be ear ity Manager or his designee may require the owners of the property to discharge their s pump into the sanitary sewer from November 15 to March 15 ' sc is causing an icy condition on streets. (5) Separate connections. A separate sewer se conne on shall be provided for each building, except where one building stands at the rear o t on interior lot and no such separate connection is available, provided that more than one se be connected to the sewer system through one connection where a manhole is provided and th City has specifically approved the arrangement. (6) Materials. Where any pipe or other mater' found in repairing a sewer service which does not then meet the requirements of the State Building Code or current City standards and specifications, the repaired or replaced po�pn of the so service pipe shall comply with eurfeat City standafds and the Minnesota Plumbing,(bode'(Minne.Wa Rule 4715 eedes and shall be removed and replaced at the expense of the consume'" (7) Elevation. Wherever possi the sewer service shall be brought to the building to be served at an elevation below the floor of the lowest level in the buildingANIa- he laid lle to or- with-in +'-r00-feet o f a ff bea fin.wall.The depth shall be sufficient to afford protection from frost.To the extent possible,the sewer service shall be laid at uniform grade and in straight alignment. If the service is too low to afford gravity flow, an appropriate device shall be installed for lifting sewage waste water to the service for only those fixtures below the elevation affording gravity discharge. (8) Connections. Wherever possible,the sewer service shall be connected to the wye provided or the stub at the lot line. If such connection cannot be used, the main may be tapped upon the approval of the City and at the expense of the owner.All connections must be constructed in accordance with the current City standards,be appropriately permitted,and be inspected by the City. (9) Ownership ofsewer service lateral.The property owner shall own and be responsible for the maintenance of the sanitary sewer service lateral between the sanitary sewer main within the street and the building being served,including the connection to the main. (10) Unmetered water supply. The discharge of sewage waste water into the sewer system from water sources other than the City's water supply is prohibited without a permit from the City and shall include metering of the water supply or discharge. The metered supply or discharge must use meters purchased from the City. Page 234 of 423 (11) Additional rules and regulations. The Council may, by resolution, adopt such additional rules and regulations relating to placement,size and type of equipment as it,in its discretion,deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the City Manager or his designee,and uniformly enforced. (Code 1988, §3.30;Ord.No.351,2nd series, 10-13-2006;Ord.No.354,2nd series, 12-15-2006;Ord.No.405,2nd series,8- 29-2008) Sec.28-50.Certificate of inflow and infiltration compliance. (a) Required.No person shall sell,advertise for sale,give or transact a change in title or property ownership of real property with one or more buildings or structures, without first obtaining a certificate of inflow and infiltration (I&I) compliance from the City or complying with Subsection (e) of this section. No permanent occupancy for a new/remodeled structureY will be issued without a certificate of I&I compliance unless an escrow agreement is in place with the City. (b) Application and fees. (1) Unless the property owner already has a certificate of I&I compliance for a property,the owner or owner's representative is required to apply for a certificate and complete an inspection thereof before such property is offered for sale, gifted or transferred, and before the owner or owner's representative enters into any contract for deed or other transaction changing the p responsible for the property. (2) Even if the property owner already has a certificate of I& ,if it is more than one year old, a sump pump inspection is required for all properties co ming sump mps. (3) At the time of application, the applicant for eithet a cecate f I&I compliance or a sump pump inspection shall pay the appropriate applicatio n Such flogs hall beset„ � I S (c) Inspection. The applicant for a certificate of Isump pump inspec io is responsible for providing an inspection of the property after makin application a d payment of fees. An inspection shall be made either by the City or by a licensed plumber to det me whet e property use is in accordance with City sanitary sewer service regulations,as provided in Sectio 8-49. The entire property and all buildings on the property shall be made available for inspection. (d) Compliance and expiration. (1) Upon inspection,when op use s in accordance with City sanitary sewer services regulations,a certificate of I&I co nc 'll ssued by the City. 'qq (2) A certificate of I&I comp ce is valid to be used for the transfer of property. (3) The certificate of I&I compl' nce must be conspicuously displayed on the premises at all times when the property is being shown for sale and the owner is responsible for informing any potential buyers, gift recipients or other persons to whom iA intends to transfer title as to ho receipt of the certificate of I&I compliance. l+ (j--s (4) If,within one year of the issue of a certificate of I&I compliance,the owner named on the certificate of I&I compliance does not agree to an inspection of the structure's sump pump,footing or foundation drain discharge, or furnish a certificate from a licensed plumber in a form acceptable to the City as described in Section 28-49(3)b and c,certifying that the property is in compliance with this chapter,when required by Section 28-49(3)b, the certificate is immediately void. Such inspections trigger the administrative sanctions found in Section 28-49(3). (e) Correction notice. If an inspection discloses that use of a property is not in accordance with City sanitary sewer service regulations, a correction notice may be issued by the City permitting the transfer of property, providing; (1) An agreement by the owner or owner's representative has been executed with the City, whereby the owner or owner's representative agrees to complete corrections to the property necessary to bring it within compliance of the City sanitary sewer service regulations, Section 28-49, within 60 days of the transfer of property. PROOFSPage 235 of 423 (2) A security to ensure completion of any corrections to the property must be posted with the closing agent in the form of an escrow, or with the City when a closing agent is not involved, at the time of property transfer or closing. The security shall be in an amount at least equal to 125 percent of the retail value of the work necessary for compliance with this section. The escrow must be fully maintained until a certificate of I&I compliance is issued. A correction notice shall not be issued for more than 180 days following the first inspection of the property, but it may be extended for additional periods up to 180 days each by the City Manager's designee. The owner (or transferor) and any real estate agents involved in the transaction are responsible for disclosing the correction notice to the transferee and all other persons or entities involved in the transaction. The responsibility for repairing any nonconformance with the sanitary sewer service regulations runs with the land and not only rests with the owner or transferor but is also an obligation of the transferee of the property. If repairs are not completed within one year of the first inspection, the inspection becomes invalid and the process starts again, which includes paying the applicable inspection fee. (f) Sanctions. At all times during the certification process, the owner is responsible for any sanctions or surcharges under Section 28-49(4). (g) Repeated inspection. Upon inspection, when the property use is not legal in accordance with City sanitary sewer service regulations, the owner shall be entitled to a second inspection to be scheduled within 90 days of the original inspection. If, as a result of this inspection, the City inspector determines (or a licensed plumber certifies and the certified videotape is determined by the City to be compliant) that all violations of City sanitary sewer regulations have been corrected, the City shall immediately issue a certificate of I&I compliance. (h) Previously issued certificates. Certificates of sewer regulations compliance issued under prior laws between January 1, 2007 and May 31, 2007 shall have the same force and effect as certificates of I&I compliance issued under this section 3.31. Temporary certificates of sewer regulations compliance issued under prior laws between January 1, 2007 and May 31, 2007 shall have the same force and effect as provided under prior laws. (Code 1988, § 3.31; Ord. No. 351, 2nd series, 10-13-2006; Ord. No. 370, 2nd series, 5-25-2007; Ord. No. 405, 2nd series, 8- 29-2008) Sec. 28-51. Discharge of fats, oils, and grease (FOG). (a) Installation. Any existing, new, renovated, or expanded food service facility must install a grease interceptor/trap upon notice by the City that it has been determined that the fat, oil and grease discharge from such food service facility significantly impacts the City sewer system requiring undue additional maintenance. Upon notification, the food service facility shall have a period of time stated in the notice, not exceeding one calendar year, to install the grease interceptor/trap. (b) Design. All grease interceptors/traps must be designed and installed in accordance with the Minnesota Plumbing Code (Minnesota Rule 4715) and the County Environmental Health Department. (c) Location. All grease interceptors/traps shall be located as to be readily and easily accessible for cleaning and inspection. (d) Annual maintenance record. By April 1 of each year, food service facilities with grease interceptors/traps must submit annual maintenance records to the City on a form that is provided by the City. The City may also perform periodic inspections of food service facilities to ensure that grease interceptors/traps are being properly maintained by each food service facility. (e) Installation and maintenance policy and procedures. The City shall maintain an installation and maintenance policy and procedures which will document specific requirements of this section. This policy will be available to each food service facility at the City. (f) Additional control measures. The City reserves the right to require additional control measures if existing grease interceptors/traps are determined to be insufficient to protect the wastewater collection system from interference due to the discharge of FOG from the food service facility. (Code 1988, § 3.32; Ord. No. 531, 2nd series, 10-21-2014) Sec. 28-52. Sewer access charges. PROOFSPage 236 of 423 (a) In all areas of the City and for all uses, whenever any building permit to be issued by the City includes authorization for work that requires a SAC determination, a sewer access charge must be paid to the City by the permit applicant or property owner prior to the issuance of the permit. (b) The amount of the sewer access charge shall be based on the number of REC units resulting from the use of the City sewer system due to the work authorized under the building permit. The number of REC units shall equal the number of SAC units determined under the SAC determination to which the building permit relates. (c) The per REC unit sewer access charge shall be established in the City's Master Fee Schedule. (d) Sewer access charges collected under this section shall be deposited into the City's Sewer Enterprise Fund, or other similar fund, and shall only be used to finance improvement or replacement projects for or related to the City's sewer system, and shall not be transferred into the City's General Fund at any time. (e) In addition to the City's sewer access charge, at the time the City's sewer access charge is paid, the permit applicant or property owner shall also pay the applicable sewer availability charge imposed under the Metropolitan Council Sewer Availability Charge Program for the new or modified use of the property to which the building permit relates. (f) This section shall only apply to building permits issued after January 1, 2017, provided that: (1) This section shall not apply to: a. Building permits issued before January 1, 2018, for which the City received the complete building permit application before January 1, 2017; and b. Building permits issued before January 1, 2018, which permits are issued for development or redevelopment projects that received land use approval by the City prior to January 1, 2017; and (2) In all instances, including instances where payment of the City sewer access charge is not required by virtue of this subsection (f), no building permit shall be issued if the permit applicant or property owner has not paid the applicable sewer availability charge imposed under the Metropolitan Council Sewer Availability Charge Program for the new or modified use of the property to which the building permit relates. (Code 1988, § 3.33; Ord. No. 615, 2nd series, 12-16-2016) PROOFSPage 237 of 423 Chapters 29--100 RESERVED PROOFSPage 238 of 423 PART II LAND DEVELOPMENT Chapter 101 GENERAL AND ADMINISTRATIVE PROVISIONS Sec. 101-1. Application of Chapter 1. The provisions of Chapter 1 of this Code apply to this part. Sec. 101-2. Status. While this part is a codification of the ordinances pertaining to land development regulations, provisions in Part I of this Code may also pertain to land development. The failure to include provisions pertaining to land development in this part does not excuse failure to comply with such provisions. Similarly, inclusion of provisions in this part that do not pertain to land development does not excuse failure to comply with such provisions. PROOFSPage 239 of 423 Chapter 102 RESERVED PROOFSPage 240 of 423 Chapter 103 BUILDINGS AND BUILDING REGULATIONS* *State law reference—Authority to regulate building construction, Minn. Stats. § 412.221, subd. 28. Sec. 4.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph or provision of this chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this chapter, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 4.99) Sec. 103-1. Building Code adopted. (a) Code adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minn. Stats. ch. 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the State Commissioner of Labor and Industry is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this section. The Minnesota State Building Code is hereby incorporated in this section as if fully set out herein. (b) Application, administration and enforcement. The application, administration, and enforcement shall be in accordance with the Minnesota State Building Code. The Code shall be enforced with the extraterritorial limits permitted by Minn. Stats. § 326B.121, subd. 2(d) when so established by this section. The code enforcement agency of this municipality is called the City of Golden Valley. This section shall be enforced by the City Manager or his designee in accordance with Minn. Stats. § 326B.133, subd. 1. (c) Building Code optional chapters. Minnesota State Building Code, Chapter 1300, allows the City to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City. A. 1306 Special Fire Protection Systems to include Subpart 2 (Code 1988, § 4.01; Ord. No. 580, 2nd series, 10-15-2015) Sec. 103-2. Permit fees. Fees for permits under this chapter, which may include a surcharge, shall be determined by the Council and fixed by its resolution, a copy of which shall be in the office of the City Clerk and uniformly enforced. (Code 1988, § 4.02) Sec. 103-3. Permits required. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining an appropriate permit from the Inspections Department. If the application for a building permit indicates a necessity for installation, change or removal of municipal utilities, the building permit shall not be issued until approved and arranged for with the Physical Development Department. (Code 1988, § 4.03; Ord. No. 380, 2nd series, 8-17-2007) Sec. 103-4. Permits and special requirements for moving buildings. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings PROOFSPage 241 of 423 ascribed to them in this subsection, except where the context clearly indicates a different meaning: Combined Moving Permit: means A permit to move a building on both a street and a highway. Highway: means A public thoroughfare for vehicular traffic which is a State trunk highway, County State-aid highway, or County road. Highway Moving Permit: means A permit to move a building on a highway for which a fee is charged which does not include route approval, but does include regulation of activities which do not involve the use of the highway; which activities include, but are not limited to, repairs or alterations to a municipal utility required by reason of such movement. Moving Permit: means A document allowing the use of a street or highway for the purpose of moving a building. Street: means A public thoroughfare for vehicular traffic which is not a State trunk highway, County State- aid highway or County road. Street Moving Permit: means A permit to move a building on a street for which a fee is charged which does include route approval, together with use of the street and activities, including, but not limited to, repairs or alterations to a municipal utility required by reason of such movement. (b) Application. The application for a moving permit shall state the following: (1) The dimensions, weight, and approximate loaded height of the structure or building proposed to be moved; (2) The places from which and to which it is to be moved; (3) The route to be followed; (4) The dates and times of moving and parking; (5) The name and address of the mover; and (6) The municipal utility and public property repairs or alterations that will be required by reason of such movement. (7) In the case of a street moving permit or combined mo ving permit the application shall also state the size and weight of the structure or building proposed to be moved and the street alterations or repairs that will be required by reason of such movement. All applications shall be referred to the Physical Development Department. No such permits shall be issued until route approval has been obtained from such Department. (c) Permit and fee. The moving permit shall state date or dates of moving, hours, routing, movement and parking. Permits shall be issued only for moving buildings by building movers licensed by the State. Fees to be charged shall be separate for each of the following: (1) A moving permit fee to cover use of streets and route approval; and (2) A fee equal to the anticipated amount required to compensate the City for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. All permit fees shall be paid in advance of issuance. (d) Building permit and code compliance. Before any building is moved from one location to another within the City, or from a point of origin without outside of the City to a destination within the City, regardless of the route of movement, it shall be inspected and a building permit shall have been issued for the work necessary to bring it into full compliance with the State Building Code. (e) Unlawful acts. (1) It is unlawful for any person to move a building on any street without a moving permit from the City. (2) It is unlawful for any person to move a building on any highway without a highway moving permit from the City. PROOFSPage 242 of 423 (3) It is unlawful to move any building (including a manufactured home) if the point of origin or destination (or both) is within the City, and regardless of the route of movement, without having paid in full all real and personal property taxes, special assessments and municipal utility charges due on the premises of origin and filing written proof of such payment with the City. (f) Moving buildings. No building permit shall be issued to move a building from without outside of the City onto a site within the City, or move a building from one location to another within the City, unless the architectural design of the buildings in the area of the new site is compatible with the building moved to such site. Comparative age, bulk, architectural style and quality of construction of both the building moved and the buildings existing in the area shall be considerations in determining whether a building is compatible. If the building to be moved is more than 10 years older than the oldest building situated on surrounding the properties surrounding the proposed new site to which the building is moved, such fact shall be evidence that the building to be moved is incompatible. (g) Hearing. Moving any building from without outside of the City to a site within the City, or from one site to another within the City, shall require a hearing before the Building Board of Review. (Code 1988, § 4.04; Ord. No. 179, 2nd series, 6-11-1998) Sec. 4.05. Design control. __ Purpose. It is deemed to be in the best interests of the City to promote the health, safety, general welfare, comfort and appearance by controlling the exterior design of new construction; by controlling the placement of previously used buildings; by regulating congestion and preventing fires and other danger; by assuring adequate light, ventilation and utility systems; and, preserving the value of property and encouraging appropriate land use. __ Prohibited Exterior Facing. Except as allowed by proceedings under this section, no building permit shall be issued for any structure having a front, (either) side, or rear abutting or facing a public street when such proposed structure contains exterior facing materials which tend to rapidly deteriorate or which for any reason are, or tend to quickly become, unsightly. The following are examples of materials which are prohibited by this section: sand lime brick, concrete brick, unfinished structural clay tile, unfinished sheet metal and exposed unfinished concrete. (Code 1988, § 4.05; Ord. No. 428, 2nd series, 5-14-2010) Sec. 103-5. House and building numbering. (a) Assignment. It is the duty of the City Building Official to prepare and maintain a system of house and building numbering for the City and to assign specific numbers to all houses and other buildings. (b) Installation. The owners of all houses and other buildings, after assignment, shall install and maintain a number in accordance with such assignment, which numbers shall be no less than four three inches high, permanent in nature, of contrasting color to the background, and clearly visible from the street. The numbers shall be Arabic numbers. (c) Unlawful act. It is unlawful for any person, not the owner of the property, to remove, damage, destroy or obliterate a building number. (Code 1988, § 4.06; Ord. No. 179, 2nd series, 6-11-1998; Ord. No. 358, 2nd series, 1-12-2007) Sec. 103-6. Electrical regulations and inspections. (a) Purpose. The purpose of this amendment is to establish an electrical inspections program in the City that is administered and enforced by the City. (b) Authority to inspect. The City hereby provides for the inspection of all electrical installations, pursuant to Minn. Stats. § 326B.36, subd. 6. (c) Adopted by reference. The Minnesota Electrical Act, as adopted by the Commissioner of Labor and Industry pursuant to Minn. Stats. §§ 326B.31 to 326B.399 is hereby incorporated into this section as if fully set out herein. The Minnesota State Building Code incorporates by reference the National Electrical Code pursuant to Minnesota Rule 1315.0200. All such codes incorporated herein by reference constitute the electrical code of the City. PROOFSPage 243 of 423 (d) Compliance. All electrical installations shall comply with the requirements of the electrical code of the City and this section. (e) Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minn. Stats. § 326B.37. Any inspection or handling fees will be payable to the City. (f) Notice and appeal. All notices of violations and orders issued under this section shall be in conformance with Minn. Stats. § 326B.36, subd. 4. (Code 1988, § 4.07; Ord. No. 465, 2nd series, 7-30-2011; Ord. No. 521, 2nd series, 7-25-2014) Sec. 103-7. Swimming pool construction and demolition. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Swimming Pool: means A permanent structure, basin, chamber, or tank containing an artificial body of water for recreational swimming or diving, more than 5,000 gallons and over 24 inches in depth. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools. The walls or fence shall be at least five feet in height measured from the finished grade. Gates shall be at least five feet in height measured from the walk beneath. Public Swimming Pool: means A swimming pool other than a private single-family residential swimming pool, intended to be used collectively by numbers of people for swimming, regardless of whether a fee is charged for use. Included in this definition are swimming pools located in or adjacent to apartment buildings, condominiums, townhouses and other multiple dwelling residential complexes, public and/or private schools, public and/or private recreational sports facilities, institutional facilities and commercial property, unless used for sales and/or display purposes only. Private Swimming Pool: means A swimming pool connected with a single-family residence or owner- occupied duplex, located on private property under control of the homeowner, the use of which is limited to family members or the family's invited guests. A private residential pool can-not be used as part of a business. (b) Permit required. (1) To the extent required by the City Building Code, a person shall not construct, alter, reconstruct or demolish a swimming pool without first obtaining a building permit from the City. Mechanical, and electrical and stormwater permits are also required. A grading permit may be required from the Physical Development Department, for construction or demolition. (2) A permit may be revoked or work stopped following procedures set forth in the City Building Code. (c) Permit application. The application for the building permit shall be accompanied by two sets of plans and specifications, soil tests, and other supporting data that may be required for proper review of the plans. The plans shall be drawn to scale, accompanied by sufficient specifications to permit a comprehensive review of the plans, and shall include: (1) Pool plan and sectional views with all necessary dimensions of the pool and construction details of fencing required by code; (2) A survey, or site plan based on a survey, indicating dimensions from the pool's edge to all structures on the site and the property lines, location of easements, all pool equipment and fence and gate locations; (3) A piping diagram showing pertinent elevation data and all appurtenances including treatment facilities in sufficient detail to permit a hydraulic analysis of the system and details on all treatment equipment, including catalog identification of pumps, chlorinators, and related equipment. (d) Construction requirements. (1) New and existing outdoor swimming pools shall be completely enclosed by a fence or wall. Openings or points of entry into the pool area enclosure shall be equipped with gates. The wall or fence and gates shall be at least four five feet in height. A fence shall be constructed of at least a number 11 gauge woven wire mesh corrosion-resistant material or other materials approved by the Building Official inspector. PROOFSPage 244 of 423 Gates shall be equipped with self-closing and self-latching devices capable of being locked, placed on top of the gate or another place inaccessible to small children. Fence posts shall be decay or corrosion- resistant and shall be set in concrete bases or material approved by the Building Official Inspector. The fence shall not have an opening greater than four inches or start more than two inches off the ground. The fence cannot be a readily climbable design and shall meet the requirements of the City Code. The pool shall not be filled with water until the fence has been completed and approved. (2) Swimming pools shall be located on the premises in compliance with the zoning code requirements. A private detached pool shall meet the setback requirements of an accessory structure. Setbacks are measured from the edge of the pool. Pools, aprons or pool equipment are not permitted in an easement. (3) A swimming pool and its appurtenances shall be located at least 10 feet from an existing portion of a waste water sewage system. The water supply line for a swimming pool shall be at least 15 feet from an existing portion of a sewage system. (4) No electric wires shall be over the pool area or within 10 feet of the pool's edge. (5) The pool and related facilities shall be built in accordance with plans approved by the City. The pool may not be placed in operation until final inspection approval and, if a public swimming pool, issuance of a public pool license as required under Section 6.48. (6) The demolition of an existing swimming pool requires the removal of the entire pool, including the foundation and all electrical and plumbing appurtenances. Excavated areas must be filled with clean fill to match adjacent contours. A stormwater permit or compliance with stormwater requirements is required. (e) Construction inspection. A person who does or causes to be done any of the work covered by this section shall notify the City at specific predetermined stages of construction and at the time of completion to allow adequate inspection of the pool and related equipment. A permit for the removal of an existing swimming pool requires an inspection after the pool is removed but before the fill is placed. (f) Safety and maintenance. (1) Pools and pool fences shall be maintained so as not to pose a health hazard or danger. Pools shall be closed if the following conditions exist for a period in excess of 48 hours: a. There is no circulation or filtration; b. There is insufficient disinfectant; c. Water clarity is lacking so that the pool bottom is not visible from the pool edge; d. Unsafe electrical, mechanical and biological conditions are present; or e. Pool fencing is in disrepair. (2) A "Pool Closed" sign shall be posted until the corrections are completed and approved by the City Building Official City Manager or his designee. If corrections are not completed or the pool has been abandoned, the pool shall be removed per Subsection (d)(6) of this section. (g) Drainage. A person who drains, allows or causes the drainage of water from a public or private swimming pool, including an accumulation of precipitation or runoff, shall do so only into the street pavement immediately adjacent to the property or to the nearest storm sewer inlet, unless otherwise required or approved by the City Engineer. Drainage shall not be permitted into any sanitary plumbing fixture. The person who drains a swimming pool shall regulate the volume and rate of the discharge to prevent damage to public or private property. (h) Enforcement. The City Building Official Inspector and his designee agents are authorized to enforce the provisions of this section. (Code 1988, § 4.08; Ord. No. 294, 2nd series, 4-30-2004) Sec. 103-8. Interceptor and manhole requirements. (a) Interceptors. No building permit shall issue for, or use of premises change to, commercial or industrial uses which discharge grease, oil, sand, flammable or other materials in such amounts as are considered by the City PROOFSPage 245 of 423 to be deleterious to the sewerage system without the installation and maintenance of interceptor devices approved by the City. (b) Manholes. Prior to the issuance of a building permit for a use from which commercial and industrial waste will be discharged into the sewerage system, the City Engineer may require the installation of a control manhole to permit observation, sampling and measurement of such wastes. (Code 1988, § 4.40; Ord. No. 179, 2nd series, 6-11-1998) Sec. 103-9. International Property Maintenance Code. (a) Code adopted. The International Property Maintenance Code, 2012 Edition, (IPMC) published by the International Code Council, Inc., is hereby adopted by reference for the City as modified and amended by Subsection (b) of this section. The IPMC, as modified and amended by Subsection (b) of this section, shall be considered a part of this section as if set out in full herein and shall be referred to as the Golden Valley Property Maintenance Code. (b) Amendments to the IPMC. The IPMC adopted by reference in Subsection (a) of this section is hereby amended in the following respects for application within the City: Section 101.1. This section is revised in its entirety to read as follows: "These regulations shall be known as the Golden Valley Property Maintenance Code, hereinafter referred to as 'this code.'" Section 102.1. The following sentence is added at the end of this section. "When there is a conflict between this code and any other section of the City Code, the more restrictive shall govern." Section 102.3. In the first sentence, the terms "International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70" are deleted and replaced with "Minnesota State Building Code, the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code and the Minnesota Commercial Energy Code." In the second sentence the term "International Zoning Code" is deleted and replaced with "City Zoning Code as set forth in Chapter 113 of the City Code." Section 102.7. The first sentence of this section is revised in its entirety to read as follows: "The codes and standards referenced in this code shall be those that are listed in the Minnesota State Building Code, the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code and the Minnesota Commercial Energy Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2." Section 103. The title of this section is revised in its entirety to read as follows: "Administration of this Property Maintenance Code." Section 103.1. This section is revised in its entirety to read as follows: "The City Manager or his designee shall administer this code." Section 103.2. This section is revised in its entirety to read as follows: "The City Manager or his designee shall designate the code official responsible for the administration and enforcement of this code." Section 103.4. The term "member of the board of appeals" is deleted and replaced with the term "administrative hearing officer." Section 103.5. This section is revised to add at the end of the existing language: "the City's Master Fee Schedule adopted by the City Council from time to time." Section 106.3. This first sentence of this section is revised in its entirety to read as follows: "Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or a civil offense punishable by administrative citation in accordance with the City Code, and the violation shall be deemed a strict liability offense." PROOFSPage 246 of 423 Section 109.6. The second sentence of this section is revised in its entirety to read as follows: "Any affected person shall thereafter, be entitled to an administrative hearing as set forth in Section 2-4 of the City Code." Section 111.1. This section is revised in its entirety to read as follows: "Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to a hearing officer in an administrative hearing as provided in Section 2-4 of the City Code, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. In the case of an appeal from a notice issued to vacate pending elimination of imminent dangers, the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at such time as may be established under Section 2-4 of the City Code. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means." Sections 111.2 through Section 111.7, inclusive, are deleted in their entirety. Section 112.4. This section is revised in its entirety to read as follows: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine set forth in the schedule referred to in Section 103.5 hereof." Section 201.3. This section is revised in its entirety to read as follows: "Where terms are not defined in this code and are defined in the Minnesota State Building Code, the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code, the Minnesota Commercial Energy Code and the City of Golden Valley City Code, such terms shall have the meanings ascribed to them as stated in those codes." Section 202. The following definition is added: "CORD OF FIREWOOD. Means a unit of cut fuel wood, equal to 128 cubic feet in a stack." Section 202. The following definition is added: "FIREWOOD. Wood or wood product used or intended for heating fuel in a dwelling or for recreational fire. Painted or treated wood shall not be considered firewood." Section 202. The following definition is added: "NEAT, SECURED STACK. Means a stack of firewood that is piled in a regular, orderly arrangement that is stable and reasonably resistant to collapse." Section 202. The following definition is added: "RECYCLABLES. Means items of refuse designated by the County Department of Environment and Energy to be part of an authorized recycling program and which are intended for processing and remanufacture or reuse." Section 202. The definition of "RUBBISH" is revised in its entirety to read: "Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, discarded furniture (including unusable/unsafe outdoor furniture), crockery and dust and other similar materials." Section 202. The following definition is added: "YARD WASTE. Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.) soft-bodied plants (flower and vegetable plants), hedge or tree trimmings and twigs (one-quarter-inch diameter maximum), pine cones and needles." Section 302.4. The words appearing in the brackets in the first sentence are deleted and the words "eight inches" are inserted therein, and the brackets are deleted. Section 304.1.1. The phrase "International Building Code or the International Existing Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. Section 304.3. The following sentence is added at the end of this section: "For a building existing prior to the adoption of this code by the City, the owner shall be responsible for providing building numbering in PROOFSPage 247 of 423 accordance with Section 103-5 of the City Code until replacement of such numbers is required during a remodeling, residing, or rebuilding of the exterior of the building, or in the event of loss or damage to some or all of such existing numbers." Section 304.14. The date "May 1" replaces the word "DATE" in the first set of brackets and the date "August 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. Section 305.1.1. The phrase "International Building Code or the International Existing Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. Section 306.1.1. The term "International Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. Section 308.1. This section is revised in its entirety to read as follows: "All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish, garbage, recyclables, and/or yard waste and disposed of in accordance with Chapter 22, Article II, of the City Code." Sections 308.3.3. A new section is added to read: "RENTAL GARBAGE FACILITIES. All rental property owners shall be responsible for providing garbage pickup and water and sewer services." Section 310. A new section is added entitled: "SECTION 310 OUTDOOR WOOD STORAGE." Sections 310.1. A new section is added to read: "310.1. General. The following are conditions for outdoor wood storage." Sections 310.1.1, 310.1.2, and 310.1.3. New Sections 310.1.1, 310.1.2, and 310.1.3 are added to read: 310.1.1 Except for firewood and construction materials necessary for on-site work, no wood or wood product shall be kept or stored upon a residential premises. 310.1.2 Firewood may be stored upon a residential premises solely for use on the premises and not for resale. 310.1.3 All firewood located upon a residential premises shall be stored as follows: 1. The firewood shall be cut/split to a uniform shape 30 inches in length or less, stored in neat, secure stacks, and prepared for use; 2. Each stack cannot exceed a cord of firewood. The height of a woodpile over three feet shall be no more than twice its width, but in no event shall the height exceed five feet; 3. Firewood stacks must have at least 10 feet of space from each other; 4. The firewood shall not be in a deteriorating state; 5. No firewood shall be stored within three feet of any side or five feet of any rear property line, except that if the wood is stored in an accessory structure the accessory structure shall meet all zoning setback requirements; and 6. No firewood shall be stored in the front yard." Section 401.3. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code." Section 403.5. This section is revised in its entirety to read as follows: "Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions and the Minnesota Mechanical Code." Sections 502.5 and 505.1. The term "International Plumbing Code" is deleted and replaced with the term "Minnesota State Plumbing Code." Section 602.3. The date "October 1" replaces the word "DATE" in the first set of brackets and the date "May 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. Section 602.4. The date "October 1" replaces the word "DATE" in the first set of brackets and the date "May 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. PROOFSPage 248 of 423 Section 604.3.1.1. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code." Section 604.3.2.1. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code." Section 606.1. The first sentence of this section is revised to read in entirety as follows: "Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17 and Chapter 1307 of the Minnesota State Building Code." Section 702.1. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. Section 702.2. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. Section 702.3. The term "International Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. Section 704.1. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. Section 704.2. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. Section 705. A new section is added entitled: "SECTION 705 CARBON MONOXIDE ALARMS." Section 705.1. A new section is added to read: "705.1 General. Carbon monoxide alarms shall be installed in accordance with Minn. Stats. § 299F.50-51." Chapter 8. The following sentence in Chapter 8 is deleted in its entirety: "The application of the referenced standards shall be as specified in Section 102.7." Chapter 8. In the table regarding the American Society of Mechanical Engineers in Chapter 8, the standard reference number "A17.1/CSA B44-2007" cited therein is changed to: "A17.1/CSA B44-2010." Chapter 8. The table regarding the International Code Council is deleted in its entirety. (c) IPMC on file. At least one copy of the IPMC shall be marked "CITY OF GOLDEN VALLEY - OFFICIAL COPY" and kept on file in the office of the City Clerk and open to inspection and use by the public. (Code 1988, § 4.60; Ord. No. 563, 2nd series, 7-30-2015) Sec. 10.81. Mobile homes and house trailers. __ Definitions. For the purpose of this section, certain terms used herein are defined as follows: __ Mobile Home: means Any trailer or semi-trailer which is designed, constructed and equipped for use as a human dwelling place, living abode, or living quarters, except such trailers as are used temporarily as living quarters for the hunting, fishing or vacation season. __ House Trailers: means Any trailer or semitrailer designed and used for human living quarters on a temporary basis; the term does not include mobile homes as herein defined. __ Unlawful Act. It is unlawful for any person to occupy any house trailer or mobile home as a dwelling or for sleeping accommodations or quarters. Provided, that any property owner, who has been granted a building permit for the construction of a dwelling, may occupy a house trailer or mobile home on the premises on which such dwelling is being constructed, for such period of time as shall be determined by the Council, but not to exceed six months during said construction. __ Regulations. Except as above provided, no mobile home shall be kept or parked anywhere for a period of more than 24 hours and no house trailer or mobile home shall be parked on or in any public street, highway or alley at any time. No more than one house trailer or one trailer used temporarily as living quarters for the hunting, fishing, or vacation, shall be parked at one time on private property in connection with any single-family dwelling or any single-family residential unit. PROOFSPage 249 of 423 (Code 1988, § 10.81) PROOFSPage 250 of 423 Chapter 104 RESERVED PROOFSPage 251 of 423 Chapter 105 SIGNS Sec. 105-1. Purpose. The purpose of this chapter is to establish minimum sign requirements to protect and promote the general welfare, health, safety, order and aesthetics within the City; to permit adequate signs for effective communication; to limit signs to identify uses and businesses where they are located and to do so in an efficient, effective and aesthetic manner while maintaining an attractive and appealing appearance along streets, highways, private and public property, and the air space above and between developments; and to recognize the need to maintain an attractive and appealing appearance of property and prevent visual clutter, while at the same time assuring that the public is not endangered, annoyed or distracted. (Code 1988, § 4.20(1)) Sec. 105-2. Administration. The City Manager or his designee shall administer this chapter. Sec. 0. Severability. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this chapter. The City Council hereby declares that it would have adopted the language in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Sec. 105-3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Address Sign: A sign consisting of identification numbers only, either in written or numerical form. Bench Sign: A sign located on the front surface of the back rest of a bench located on the street or the immediate adjacent property and designed for seating while waiting at a bus stop or in a public plaza space. Business or Identification Sign: A sign which directs attention to a business, profession, commodity, service, activity or entertainment which is conducted, sold or offered upon the premises where such sign is located. Commercial Speech: Speech advertising a business, profession, commodity, service, or entertainment. Construction Sign: A project sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. Electronic Sign: Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use and which displays a message that changes more than once per 24- hour period. Flashing Sign: Any illuminated sign or non-illuminated sign, emitting an intermittent or flashing light or creating the illusion of intermittent or flashing light by means of animation or other methods. Freestanding Sign: A sign placed in the ground and not affixed to any part of any building. Pylon signs and monument signs are examples of freestanding signs. Garage Sale Sign: A sign identifying a temporary sale of household items sold by one private party to another private party. Such items shall be sold and solely for personal use and not for resale. Illuminated Sign: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign. PROOFSPage 252 of 423 Menu Sign: An exterior freestanding sign advertising products or services of a business with a drive-through facility. Monument Sign: A freestanding sign not to exceeding 12 feet in height not supported by poles or posts and which is architecturally designed and located directly on grade with the base being 70 percent or more of the greatest width of the sign and within the base integrated in the sign, except as otherwise allowed in the I-394 Mixed Use Zoning District. Name Plate Sign: A sign which states the name or address or both of the business or occupant of the lot where the sign is placed. Neighborhood Identification Sign: A monument sign identifying a neighborhood or area. Non-Commercial Speech: Speech not classified as commercial speech which includes, but is not limited to, messages concerning political, religious, social, ideological, public service, and information topics. Nonconforming Sign: A sign lawfully existing at the adoption of the ordinance from which this chapter is derived but which does not conform to its requirements. Office/Warehouse Park: Any contiguous group of six or more business establishments within the a light industrial or light industrial zoning district comprising 10,000 or more square feet of floor area which provides off- street parking utilized in common by patrons, where each tenant is provided direct access to the parking area by means of an exterior exit door at ground level. Permanent Sign: Any sign that is not a temporary sign. Portable Sign: A sign not attached permanently to the ground and designed so as to be movable from one location to another. Private Directional Sign: A non-advertising sign erected on private property by the owner of the property for purposes of guiding vehicular and pedestrian traffic. Public Sign: Any sign defined as a traffic control sign in the Highway Traffic Regulation Act, any identification sign installed in a public park by a public authority, or and any identification, regulatory, warning, or other sign approved by the City for installation on public land. Pylon Sign: A freestanding sign which is not a monument sign. Real Estate Sign: A sign which advertises the development, sale, lease, or rental of land or buildings. Search Light Sign: A temporary sign drawing attention to an event, activity, or site by concentrating or focusing light rays or beacons to create a brightly focused light that may rotate, flash, remain steady, or some combination of these. Shopping Centers: Any contiguous group of six or more retail stores or service establishments within the commercial zoning district comprising 10,000 or more square feet of floor area, which provides off-street parking utilized in common by patrons, and where each tenant is provided direct access to the parking area by means of an exterior door or exit at ground or balcony level. Sign: A name, identification, description, display, or illustration, which is affixed to or represented directly on a building structure or a tract of land and which directs attention to an object, product, place, activity, person, institution, organization, or business located on the same premises. The term "sign" does not include any official court or other public notices or directional signs placed by an authorized government agency, nor does it include the flag, emblem, or insignia of any nation, political unit, school or religious or service or fraternal group. Special Temporary Sign: A sign designed to be displayed for a limited period of time that is not permanently fixed to the land or a structure which may be larger and/or displayed for a longer duration than a temporary sign if the criteria set forth in this chapter are met. Surface Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-faced or V-type (135-degree maximum) structure or pylon sign shall be used in computing total sign area surface area. If individual letters are mounted directly on a wall or canopy PROOFSPage 253 of 423 without a frame, the sign area shall be the area in square feet of the smallest rectangle enclosing the sign. Temporary Sign: A sign designed to be displayed for a limited period of time that is not permanently fixed to the land or a structure. Wall Sign: A sign attached to or erected against an exterior wall surface of a building or structure. Window Sign: A sign placed, mounted, or hanging on the outside or inside surface of a window or any sign placed within a building for the purpose of being visible from the public right-of-way. (Code 1988, § 4.20(2)) Sec. 105-4. Exempt signs. The following signs are exempt from certain provisions of the requirements of this chapter, except as otherwise provided below: (1) Bench signs, if located on a bench permitted by the City. and as defined and allowed by City Code Section 7.40 (2) Menu signs. (3) Private directional signs. (4) Public signs. (5) Signs on licensed vehicles moved daily. (6) Garage sale signs. (Code 1988, § 4.20(3); Ord. No. 272, 2nd series, 10-15-2002; Ord. No. 307, 2nd series, 8-13-2004; Ord. No. 323, 2nd series, 3-25-2005; Ord. No. 430, 2nd series, 3-12-2010; Ord. No. 589, 2nd series, 2-17-2016) Sec. 105-5. Prohibited uses. The following uses are prohibited: (1) Flashing signs and portable signs. (2) Electronic signs having a message that changes more than once per 24-hour period, except those portions of an electronic sign displaying only the time and/or temperature. No electronic sign displaying the time and/or temperature shall blink, flash, or change in any manner whatsoever, except to display the changing time or temperature. No electronic sign displaying the time and temperature shall rotate or flash back and forth between the same. (3) Signs placed on rooftops. (4) Signs or parts of signs that rotate, move, flutter, or which give the appearance of such action. (5) Signs or advertising murals painted directly on a building. (6) Signs painted or mounted on trees, utility poles, bollards, or other portions of a property or structure not specifically designed for the display of signs, except for those window signs where allowed by this chapter. (7) Signs installed in a way that obstructs clear vision of persons using the streets or at any location that, because of its position, shape, or color, interferes with, obstructs the view of, or may be confused with, any authorized traffic sign, signal, or device. No sign which makes use of the words "LOOK," "DANGER," or any other word phrase, symbol, or character that may interfere with, mislead, or confuse persons using the public streets, other than public or construction signs, shall be visible from a public street. which makes use of the words "STOP," "LOOK," "DANGER," or any other word, phrase, symbol or character which may interfere with, mislead, or confuse persons using the public streets __ Any sign upon which is stated or depicted any pornographic or obscene words, conduct, or other matter (8) Any sign relating to adult establishments and accessory uses as defined in Section 113-150 unless at the location of such adult establishment or accessory use and otherwise in conformance with this chapter. PROOFSPage 254 of 423 (9) Signs mounted upon buildings that extend above the roof or parapet wall level, whichever is higher. (Code 1988, § 4.20(4); Ord. No. 272, 2nd series, 10-15-2002; Ord. No. 307, 2nd series, 8-13-2004; Ord. No. 323, 2nd series, 3-25-2005) Sec. 105-6. Permit exceptions. It is unlawful for any person to erect, construct, repair, resurface, alter or maintain a sign without first obtaining the applicable permit, except for the following signs: (1) A name plate sign not exceeding one square foot in sign area, and containing only the name of the resident, or title of person practicing a profession, in the single-family residential (R-1), moderate density residential (R-2), medium density residential (R-3), and high density residential (R-4) multiple dwelling zoning districts. (2) Real estate signs pertaining to the lease or sale of real estate containing six or less square feet of sign area. (3) Construction signs advertising the development or improvement of a property by builder, owner, contractor, or other persons furnishing service, materials, or labor, provided such sign is removed when the work is completed or upon issuance of a certificate of occupancy or completion, whichever occurs first. (4) Garage sale signs. (5) Temporary signs containing non-commercial speech as described in Section 105-9. (Code 1988, § 4.20(5)) Sec. 0. Administration. The Building Official or his or her designee shall administer this section of the City Code. (Code 1988, § 4.20(6)) Sec. 105-7. Fees. Sign permit fees shall be set by the City Council, adopted by resolution, and amended from time to time. (Code 1988, § 4.20(7)) Sec. 105-8. General regulations. (a) Calculation of sign area. All signs are included in the calculation of sign area, except for the following: address signs, construction signs, menu signs not visible from a right-of-way, neighborhood identification signs, private directional signs, real estate signs, and temporary signs. (b) Freestanding signs. If there is pedestrian or vehicular traffic that passes under a freestanding sign, eight feet of clearance from basic grade to the lowest element of the sign shall be required. At the discretion of the Building Official or his designee, a property survey and an engineered plan for foundations and/or soil tests may be required for freestanding signs. (c) Illumination. Direct rays or glare of light from an illuminated sign shall not be visible from public rights- of-way or property other than that on which the illuminated sign is located. Any external source of illumination must be provided with shields or lenses that concentrate the light onto the sign. (d) Menu signs. If the name of the business or business logo is included in a menu sign, the sign area of such name or logo shall be counted as sign area for determining the maximum sign area allowed. (e) Sign quality. All signs, including, but not limited to, wall signs, monument signs, and pylon signs, shall incorporate materials and colors which are compatible with the building on the site where the sign is to be located. Compatible shall include, but is not limited to, materials that are consistent with the principal architectural features and colors of the building being identified. All signs shall be of good quality, and shall be designed to include attractive and tasteful colors and design elements. The layout of the sign shall give the sign a neat and orderly appearance. PROOFSPage 255 of 423 (f) Sign setbacks. Signs other than residential name plate and neighborhood identification signs must be entirely located at least 10 feet from all property lines and 10 feet from any driveway on the premises on which the sign is erected and maintained, except as allowed in the I-394 Mixed Use Zoning District. The following additional setbacks are required: (1) Signs must be outside the corner visibility zone, as per the corner visibility requirements in Chapter 24, Article II. (2) Shopping center pylon signs shall have a minimum setback of 35 feet from a street property line. (g) Streets and easements. No sign other than public signs shall be erected or placed upon any public street, right-of-way, public easement, or public land, or project over public property or public easements, except as allowed in the I-394 Mixed Use Zoning District. (h) Wall signs. The following requirements are applicable for all wall signs: (1) Spacing. Signs applied to a building shall be placed as to allow a space between the end of the sign and the edge of the building or individual occupancy equal to 10 percent of the linear frontage of the building or individual occupancy. (2) Sign projection. No sign may project out more than 18 inches from the face of the building to which it is attached, except as allowed in the I-394 Mixed Use Zoning District. (i) Window signs. Window signs mounted or hanging on a window surface must meet the following requirements: (1) No window sign shall occupy more than 50 percent of the surface area of a the window on which it is posted. (2) If the name of the business or business logo where the sign is located is included in a window sign, the sign area of such name or logo shall be counted as sign area for determining the maximum sign area allowed. (3) In the I-394 Mixed Use Zoning District, window signs on a building substantially remodeled after December 31, 2009, shall be calculated as sign area. (j) Garage and real estate sale signs. Garage sale signs shall be subject to the following requirements: (1) No resident shall display garage sale signs for more than eight days per year. Such signs shall not be displayed on more than two non-continuous occasions per year. (2) All garage sale signs shall clearly identify the address, month, dates, or days of the week of the sale. (3) All signs shall be set back a minimum of 15 feet from the back of the curb or behind any existing sidewalk, whichever is greater. (4) All signs shall be removed by 9:00 p.m. on the final day of the sale. (5) No sign shall be: a. Greater than six square feet in area or three feet in height. The height of the sign shall be measured from the top of the sign to the ground. b. Located on any governmental property, including the street right-of-way. c. Placed on vehicles or trailers located on the public street or any other public or governmental property. d. Placed on private property other than the sale premises without prior permission of the property owner. e. Posted more than one day prior to the sale. (k) Business closure. If at any time a business or person goes out of business or permanently ceases to operate as a business, all business signs, except real estate signs, must be removed within 30 days. said business or person shall meet the following requirements: PROOFSPage 256 of 423 __ All business signs, except real estate signs, must be removed within 30 days. __ All signs remaining after 30 days shall result in a written warning to the property owner from the Building Official or his designee. The Building Official or designee shall mail such warning to the property owner using regular U.S. Mail. __ All signs not removed within 35 days after the date of the Building Official or designee's letter shall be removed by the Building Official or his designee, and any costs associated with said removal shall be assessed against the property whereupon the sign was located. (Code 1988, § 4.20(8); Ord. No. 272, 2nd series, 10-15-2002; Ord. No. 307, 2nd series, 8-13-2004; Ord. No. 323, 2nd series, 3-25-2005; Ord. No. 430, 2nd series, 3-12-2010) Sec. 105-9. Non-commercial speech. (a) All signs containing non-commercial speech of any size may be posted in any number from 46 days before the State primary in a State general election year until 10 days following the State general election subject to the applicable provisions of Minn. Stats. § 211B.045. (b) All signs containing non-commercial speech of any size may be posted in any number from 90 days before a special or municipal election until 10 days following the special or municipal election. (c) All such signs shall conform with the location, setback, and placement provisions of this chapter. Sec. 105-10. Regulation by zoning district. (a) General. Signs not specifically permitted in the zoning districts are prohibited. (b) Single-family residential (R-1) zoning district. No freestanding sign in the single-family residential (R- 1) zoning district shall exceed six feet in height. The following signs are permitted within the single-family residential (R-1) zoning district: (1) Temporary signs. a. Real estate sign. Not to exceed six square feet per street frontage, nor 50 square feet if more than six lots or more than two acres. b. Construction sign. Not to exceed 32 square feet. c. Garage sale sign. (2) Permanent signs. a. Name plate sign. Not to exceed one square foot. b. Neighborhood identification sign. A sign with a sign area of 32 square feet at each street opening provided the development contains at least six lots/dwellings. (c) Moderate density two family (R-2) residential (R-2) zoning district. No freestanding sign in the moderate density two family residential (R-2) zoning district shall exceed six feet in height. The following signs are permitted within the moderate density two family (R-2) residential (R-2) zoning district: (1) Temporary signs. a. Real estate sign. Not to exceed six square feet, nor 50 square feet if more than six lots or two acres. b. Construction sign. Not to exceed 32 square feet. c. Garage sale sign. (2) Permanent signs. a. Name plate sign. Not to exceed one square foot. b. Neighborhood identification sign. Not to exceed a height of six feet and a sign area of 32 square feet provided the development contains at least six lots/dwellings. (d) Medium and high density residential (R-3 and R-4) multiple dwelling zoning districts. No freestanding sign in the medium and high density residential (R-3 and R-4) multiple dwelling zoning districts shall exceed eight PROOFSPage 257 of 423 feet in height. The following signs are permitted within the medium and high density residential (R-3 and R-4) multiple dwelling zoning districts: (1) Temporary signs. a. Real estate sign. Not to exceed 32 square feet, nor 50 square feet if more than six lots or two acres. b. Construction sign. Not to exceed 64 square feet. c. Garage sale signs. (2) Permanent signs. a. Name plate sign. Not to exceed one square foot. b. Neighborhood identification sign or wall sign. Is Allowed at a maximum of 50 square feet of total signs if there are at least six lots/dwellings. (e) Institutional zoning district. The following signs are permitted within the institutional zoning district: (1) Temporary signs. The size shall not exceed 100 percent of the permanent sign area allowed. Additional size requirements are as follows: a. Real estate sign. Not to exceed 50 square feet. b. Construction sign. Not to exceed 64 square feet in area. (2) Permanent signs. The total sign area shall not exceed sixty (64) square feet. The height requirements for permanent signs are as follows: a. Monument sign. Shall not be higher than 12 feet. b. Pylon sign. Shall not be higher than 25 feet. (f) Business and professional offices zoning district. The following signs are permitted within the business and professional offices zoning district: (1) Temporary signs. The size shall not exceed 75 percent of the permanent sign area allowed. a. Real estate sign. Not to exceed 32 square feet. b. Construction sign. Not to exceed 64 square feet. (2) Permanent signs. a. Monument sign. Shall not exceed 12 feet in height. b. Pylon sign. Shall not exceed 25 feet in height. (3) Maximum total sign area. The following limits apply: 0 to 1 acre or floor area of 10 0 to 15,000 gross sq. ft. 50 sq. ft. >1 to 3 acres or floor area of >15,000 to 45,000 gross sq. ft. 90 sq. ft. Over 3 acres or floor area of over 45,000 gross sq. ft. 150 sq. ft. (g) Commercial Zoning District. The following signs are permitted within the commercial zoning district: (1) Temporary signs. The size shall not exceed 75 percent of the permanent sign area allowed. a. Real estate sign: No such sign shall exceed 64 square feet. b. Construction sign: The following limits apply: PROOFSPage 258 of 423 0 to 1 acre or floor area of 0 to 15,000 gross sq. ft. 64 sq. ft. >1 to 3 acres or floor area of >15,000 to 45,000 gross sq. ft. 90 sq. ft. >3 to 5 acres or floor area of >45,000 to 75,000 gross sq. ft. 100 sq. ft. Over 5 acres of or floor area of over 75,000 gross sq. ft. 120 sq. ft. (2) Permanent signs. Maximum total sign area. The following limits apply: a. Monument signs. Shall not be greater than 12 feet in height. b. Pylon signs. Shall not be greater than 25 feet in height. 0 to 1 acre or floor area of 0 to 15,000 gross sq. ft. 150 sq. ft. 1 to 3 acres or floor area of 15,000 to 45,000 gross sq. ft. 200 sq. ft. 3 to 5 acres or floor area of 45,000 to 75,000 gross sq. ft. 300 sq. ft. Over 5 acres or floor area of over 75,000 gross sq. ft. 400 sq. ft. d. Shopping center signage. A shopping center may be allowed one common pylon sign with a maximum area of 260 square feet in addition to the sign area otherwise allowed. Each tenant shall be allowed two square feet of sign area per foot of lineal frontage. (h) Light industrial and industrial zoning districts. The following signs are permitted within the light industrial and industrial zoning districts: (1) Temporary signs. The size shall not exceed 75 percent of the permanent sign area allowed. a. Real estate sign. Not to exceed 64 square feet. b. Construction sign. The following limits apply: 0 to 2 acres or floor area of 0 to 40,000 gross sq. ft. 64 sq. ft. >2 to 4 acres or floor area of >40,000 to 160,000 gross sq. ft. 90 sq. ft. Over 4 acres or floor area of over 160,000 gross sq. ft. 100 sq. ft. (2) Permanent signs. PROOFSPage 259 of 423 a. Monument sign. Shall not be greater than 12 feet in height. b. Pylon sign. Shall not be greater than 25 feet in height. c. Maximum total sign area. The following limits apply: 0 to 2 acres or floor area of 0 to 40,000 gross sq. ft. 150 sq. ft. >2 to 4 acres or floor area of >40,000 to 160,000 gross sq. ft. 180 sq. ft. Over 4 acres or floor area of over 160,000 gross sq. ft. 200 sq. ft. d. Office warehouse park signage. An office warehouse park may be allowed one common sign with a maximum area of 180 square feet in addition to the sign area otherwise allowed. If the office warehouse park features multiple tenants, each tenant shall be allowed two square feet of sign area per foot of lineal frontage. (i) Planned unit development (PUD). Signs for a PUD shall be governed by the underlying zoning on the property. (j) I-394 Mixed Use Zoning District. This district has unique requirements requiring special consideration. (1) Purpose. The City has completed a study of the I-394 corridor, established a separate zoning district for this corridor and hereby establishes sign regulations for this special district. In addition to the purposes listed in this chapter, the additional regulations The sign purposes for this district include the sign purposes as contained in Subdivision 1 of this section. These sign purposes are designed to improve, or at least not detract from, visual coherence and attractiveness of the I-394 corridor, to complement colors and materials of the subject building while being visually appealing, pedestrian oriented, and compatible with buildings, streetscape, public views, and spaces. (2) Signage plan required. a. A signage plan which shows buildings, access, parking, setbacks, open space, property lines, and the location, size, materials, height, illumination, if any, of existing and proposed signs and buildings and other relevant site features must be submitted to the City at the time of site plan review or consideration for a conditional use permit. If a site plan review or conditional use permit is not required and a sign application is submitted, a signage plan must also be submitted unless a signage plan approved by the City is on file. b. To be approved, the signage plan must be found to meet the purpose clause, and all other requirements of this chapter applicable to the I-394 Mixed Use Zoning District. c. To be approved, the area of all signs must be calculated as sign area unless otherwise excepted in this chapter by 4.20 Subdivision 5. d. Upon approval of the signage plan by the City, it shall govern the location, type and size of signs until the site plan is amended with a new and approved signage plan which is in conformance with the sign ordinance in effect at the time of submission of the amended plan. (3) Permitted signs. The following signs are permitted within the I-394 Mixed Use Zoning District: a. Temporary signs. 1. Real estate sign. The following limits apply: Single-use 32 sq. ft. PROOFSPage 260 of 423 Mixed-use 64 sq. ft. 2. Construction sign. The following limits apply: Single-use 120 sq. ft. Mixed-use 120 sq. ft. 3. Garage sale sign for single-use multiple dwellings. 4. Other temporary signs, banners, and inflatables as regulated in this chapter Subdivision 10. b. Permanent signs. The maximum total sign area includes window signs and is based on use and other factors. Three use categories are established: single use residential, single use nonresidential, and mixed uses. The following limits apply: Single Use Residential Maximum Total Sign Area Less than 6 (lots or) dwellings 1 sq. ft. per dwelling 6 or more (lots or) dwellings 50 sq. ft. Single Use Nonresidential Maximum Total Sign Area I-394 Mixed Use Zoning District Sub-District A Sub-District B Sub-District C (Includes single use commercial, office, hotel, institutional, and industrial/light industrial uses) Parcel Size or Floor Area Low Rise - Up to 3 Stories Mid Rise - Up to 6 Stories High Rise - Up to 10 Stories 0 to 1 acre or floor area of 0 to 15,000 gross sq. ft. 100 sq. ft. 120 sq. ft. 150 sq. ft. >1 to 3 acres or floor area of >15,000 to 45,000 gross sq. ft. 120 sq. ft. 150 sq. ft. 200 sq. ft. >3 to 5 acres or floor area of >45,000 to 75,000 gross sq. ft. 200 sq. ft. 250 sq. ft. 300 sq. ft. >5 acres or floor area of >75,000 gross sq. ft. 300 sq. ft. 350 sq. ft. 400 sq. ft. Mixed Uses Maximum Total Sign Area I-394 Mixed Use Zoning District Sub-District A Sub-District B Sub-District C Parcel Size or Floor Area Low Rise - Up to 3 Stories Mid Rise - Up to 6 Stories High Rise - Up to 10 Stories PROOFSPage 261 of 423 0 to 1 acre or floor area of 0 to 15,000 gross sq. ft. 150 sq. ft. 180 sq. ft. 200 sq. ft. >1 to 3 acres or floor area of >15,000 to 45,000 gross sq. ft. 200 sq. ft. 250 sq. ft. 300 sq. ft. >3 to 5 acres or floor area of >45,000 to 75,000 gross sq. ft. 250 sq. ft. 300 sq. ft. 400 sq. ft. >5 acres or floor area of >75,000 gross sq. ft. 350 sq. ft. 400 sq. ft. 500 sq. ft. 1. Building name signs. If a building is to be named with a sign, the building may only have one name. If placed on a building wall, the wall sign must be placed at one of the following locations: (i) On the ground level; (ii) A wall space contiguous to the ground level and architecturally designed for the sign or an acceptable area for the sign; (iii) A suitable wall space at the upper level of the building; (iv) An intermediate level between the ground level and the top level provided the wall space is architecturally designed for the sign or an accepted area for the sign. 2. Wall signs. Prohibited location guide. Building name signs, tenant signs, or signs advertising a product or service are not to be placed: (i) In front of any portion of a window; (ii) On or above a roof top; (iii) On or above a penthouse, a roof top equipment enclosure or similar structure; or (iv) Between the ground level and the uppermost level unless the sign is located and integrated into a framed wall mass where the ratio of the framed wall space/mass is at least 3.5 times larger than the sign area to be located in the framed wall space. The framed wall space must be continuous, that is uninterrupted or unbroken by another wall or similar feature, and void of any windows, doors, or similar features. 3. Monument signs. As defined in Subdivision 2(K) except in the I-394 Mixed Use Zoning District the monument sign must also meet the following requirements: (i) There is no pylon sign on the site;. (ii) The base is at least 85 percent or more of the greatest width of the sign;. (iii) Materials on the sign replicate the highest quality of materials used on the building; and (iv) The monument sign is placed in a complementary landscaped setting. 4. Pylon sign. One pylon sign per lot not to exceed 25 feet in height provided the sign is located within Sub-District C of the I-394 Mixed Use Zoning District. 5. Multi-tenant building signs. Unless the name of the building, a sign for a ground level tenant must be located at the ground level. No upper level tenant shall have a sign on an upper level unless such sign is the name of the building and meets the building name and wall sign requirements. 6. Projecting signs. Signs projecting from a wall, awning, or canopy or awning may be allowed by the City subject to the following: (i) The sign must shall be located at least eight feet above the walking surface or ground level unless located flat against the building and the projection shall be is less than six PROOFSPage 262 of 423 inches if the sign is attached to a wall. (ii) No part of the projection shall be closer than one foot from the curbline projected vertically. (iii) The property owner may be required to obtain a license from the City or to execute an agreement with the City governing use or, maintenance of the sign or any other relevant and other factors. 7. Awning and canopy signs limits. No awning or canopy sign shall extend to a height greater than necessary to cover the door, window, or opening it is covering on the first or ground level. No awning or canopy above the first or ground level shall include a sign. 8. Window signs. Window signs on a site redeveloped or a building substantially remodeled after December 31, 2009, shall be calculated as sign area. c. Sign setbacks. 1. Pylon signs and monument signs. No portion of a pylon sign or monument sign shall be located within an easement. and All pylon and monument signs shall meet the following requirements: Yard Minimum Setback Front Yard 10 feet Side Yard 5 feet Rear Yard 5 feet 2. Awnings, canopies, awnings and similar structures. Signs on awnings, canopies, awnings or similar structures which overhang or extend into the right-of-way may be allowed through approval of the plan by the City Council. The property owner may be required to obtain a license from the City or execute an agreement with the City governing its use, maintenance and other relevant factors. d. Other design requirements in the I-394 Mixed Use Zoning District. Signs are also required to conform to the following general requirements of this chapter: 1. Sign quality. - see 4.20 Subdivision 8(E) 2. Illumination. - see 4.20 Subdivision 8(C) __ Outdoor lighting - see Section 11.73 3. Wall sign spacing. - See 4.20 Subdivision 8(H)(1) 4. Temporary signs, banners and inflatables. - See 4.20 Subdivision 10 5. Other application requirements of 4.20 not specifically listed above. (Code 1988, § 4.20(9); Ord. No. 272, 2nd series, 10-15-2002; Ord. No. 307, 2nd series, 8-13-2004; Ord. No. 323, 2nd series, 3-25-2005; Ord. No. 430, 2nd series, 3-12-2010) Sec. 105-11. Temporary signs, banners, and inflatables. (a) An approved permit shall be obtained prior to display of a temporary sign. A temporary sign displayed without a permit shall be removed and no new temporary sign shall be allowed nor shall a permit be approved within the following 12 months. (b) The use of temporary signs such as banners, pennants, and inflatables (including balloons over 18 inches in diameter) for advertising temporary sales, business openings, special events, similar activities or used for other purposes shall be are limited to the following: PROOFSPage 263 of 423 (1) Real estate signs are subject to the following requirements: leasing signs must be removed after initial leasing or within 360 days after a certificate of occupancy is issued if involving a new building or a substantial remodeling. Leasing information integrated into an approved permanent neighborhood identification sign or monument sign and given the same architectural treatment using the same materials and design given to the neighborhood identification or monument sign are not subject to the removal provisions of this chapter. No real estate or for sale sign shall remain on a property longer than one year unless approved by the City Manager or his designee. (2) Temporary signs, banners and inflatables The maximum duration shall not exceed be displayed for more than a total of one month in any one calendar year. Each property is limited to four occurrences of such displays in one calendar year. (c) In addition to the permits granted under Subsection (b) of this section for temporary signs, a property owner or lessee may apply for a special temporary sign permit in order to acknowledge an event of significant interest or benefit to the City, its history, or culture. A special temporary sign permit shall be subject to all the requirements of this chapter regarding temporary signs except: (1) The permit may have a duration longer than one month but no longer than 365 days in any five-year period; and (2) The permit may authorize a sign size of no greater than 150 percent of the permanent sign area otherwise allowed under this chapter for the subject property. (d) The City Manager or his designee shall grant a special temporary sign permit only if all of the following conditions are met: (1) The property owner or lessee submits an application to the City for a special temporary sign permit in the form prescribed by the City Manager or his designee; (2) The signage shall not be allowed in R-1, R-2, R-3, or R-4 zoning districts; (3) The signage shall be composed of durable, high-quality materials that are designed to withstand 365 days of use without replacement; (4) The signage and its duration shall not be determined not to adversely affect neighboring properties; and (5) Conditions in Subsections (d)(2), (3) and (4) of this section must be satisfied at the time of application and for the duration of the permit. To receive a special temporary sign permit, the applicant shall pay both a fee for a temporary sign permit and a separate fee for the special temporary sign permit, as established by the Council under Section 4.02. __ An approved permit shall be obtained prior to display of a Temporary Sign. A Temporary Sign displayed without a permit shall be removed and no new Temporary Sign shall be allowed nor shall a permit be approved within the next following 12 months. (Code 1988, § 4.20(10); Ord. No. 589, 2nd series, 2-17-2016) Sec. 105-12. Design and construction. All signs shall be in compliance with the most currently adopted versions of the Minnesota State Building Code and the National Electric Safety Code. (Code 1988, § 4.20(11)) Sec. 105-13. Nonconforming signs. (a) General. A nonconforming sign shall not be rebuilt, relocated, altered, or modified in size or height, unless it is made fully conforming with this chapter. (b) Removal. Except for changing signs, if a face or message on a nonconforming sign is resurfaced or removed, the entire sign and sign structure must be removed or made to conform with this chapter. (c) Pylon signs. Pylon signs with a height greater than 25 feet allowed by policy during construction of I- 394 must be removed or made to conform to this chapter if either one or both of the following is proposed: PROOFSPage 264 of 423 1) A new sign is requested on the pylon; or 2) A new sign of 120 or more square feet is proposed on the property. (Code 1988, § 4.20(12); Ord. No. 272, 2nd series, 10-15-2002; Ord. No. 430, 2nd series, 3-12-2010) Sec. 105-14. Maintenance. All signs shall be kept in good repair and free from rust, corrosion, loose or flaking paint, worn or damaged materials or rotted framework or other members, broken or missing members, or missing letters. The premises surrounding all ground signs shall be maintained in a safe, clean, and sanitary condition free and clear of all rubbish and weeds. (Code 1988, § 4.20(13)) Sec. 105-15. Permit penalties. Any sign constructed or erected without the required permit shall be subject to removal, if necessary, or subject to a double fee if in compliance with all other applicable requirements of this chapter. (Code 1988, § 4.20(14); Ord. No. 272, 2nd series, 10-15-2002; Ord. No. 565, 2nd series, 7-30-2015) Sec. 105-16. Substitution clause. Any sign which is otherwise allowed in this chapter may be modified to substitute non-commercial speech in lieu of any other commercial speech or non-commercial speech. This substitution may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary in order to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. PROOFSPage 265 of 423 Chapter 106 RESERVED Page 266 of 423 Chapter 107 STORMWATER MANAGEMENT See.4.21 through 4.30.Resen,ed fOF f0t See. 107-1. Statutory authorization and purpose. (a) Statutory authorization. The ordinance from which this chapter is derived is adopted pursuant to the authorization and policies contained in Minn. Stats. chs. 103B and 462; Minnesota Rules, Parts 6120.2500- 6120.3900,Minnesota Rules Chapters 8410,8420 and 7050.0210. (b) Findings. The City finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health,safety,public and private property and natural resources of the community. (c) Purpose.The general purpose of this chapter is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to public lth, safety,public and private property and natural resources within the community resulting from cons ction site erosion and post-construction stormwater runoff,and illicit connections. (d) This chapter is intended to meet the current const on 'te n and sediment control and post- construction stormwater management regulatory requirements ons truction activity and small construction activity(NPDES permit)as defined in 40 CFR 122.26(b) 5),respectively. pact ign standards(e) This chapter is intended to meet the minimal (MIDS) developed under Mi n. Stats. § 115.03,subd. 5c oP%el %44ve f e-y Uiolr d� '3ass¢Ff- �V W wo,+-F I/5 h e M Awa.Q tf vr.�en o (Code 1988,§4.31(1);Ord.No. 198,2nd series,5- 99; No.428,2nd series,5-14-2010;Ord.No.545,2nd series,3- 26-2015) See. 107-2.Definitions and general pr si s. (a) Definitions. The followin o nd phrases,when used in this chapter,shall have the meanings ascribed to them in this subsect' ept re the context clearly indicates a different meaning. Terms not defined in this subsection shall ha mean' g customarily assigned to them as a matter of general usage.For the purposes of this chapter,the terms" " nd"shall" are mandatory and not permissive. Administrator: The individual re onsible for overseeing the requirements of the City Code for purposes of this chapter;the Administrator shall be the City Manager Engineer or his designee. Alteration:Any change or modification of land,water,vegetation or existing structures. Applicant: A permittee, or any person or entity that applies for any permit for a project that includes a land disturbing activity. The term "applicant" also means that person's agents, employees, and others acting under that person's direction. Bassett Creek Watershed Management Commission or BCWMC. The watershed management organization established by a joint powers agreement between nine member cities including the City of Golden Valley. The BCWMC is responsible for managing water resources within the 40-square-mile Bassett Creek watershed.Most of the City of Golden Valley is located within the Bassett Creek watershed. Best Management Practices or BMPs:Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling,preventing,and minimizing degradation of surface water,including construction-phasing,minimizing the length of time soil areas are exposed,prohibitions,and other management practices published by state or designated areawide planning agencies. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency, 2000, Minnesota Urban Small Sites BMP Manual,Metropolitan Council,2001,State of Minnesota Stormwater Manual,MPCA,Stormwater Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, Page 267 of 423 U.S. Environmental Protection Agency, 1992, and Erosion and Sediment Control Handbook, Minnesota Department of Transportation,2013,as these documents may be amended from time to time. Calculated High Water Level: The peak surface water elevation calculated to have a one percent chance of occur-ringin n any given year using Atlas 14 precipitation data. . Development: The construction, installation or alteration of any structure; the extraction, filling, clearing or other alteration of land or vegetation;the change of cross section of any water body or watercourse;the subdivision of land pursuant to the City Code. Earth Material:Any rock,natural soil or fill or combination thereof. Erosion:The wearing away of soil by rainfall,surface water runoff,wind,or ice movement. Erosion Control: Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading,temporary or permanent cover,and construction phasing. Final Stabilization:The establishment of permanent cover on the entire site. Floodplain:Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries,which have been,or hereafter may be,covered by a regional flood,or as further defined in Section 113-125. Grade:The vertical location of the ground surface. Grading:Any land disturbance or landfill,or combination the o Hazardous Materials: Any material,including any substa e, �ste, mbination thereof, which because of its quantity, concentration, or physical, chemical, or infect us'charac eristics may cause, or significantly contribute to, a substantial present or potential hazard toealth, fety,property,or the environment when improperly treated,stored,transported,disposed of,or o erwise nafed. Illicit Connections:An illicit eenneetiffin. the fellew' (1) Any drain or conveyance, whether o the su ce or subsurface, which allows an illegal discharge to enter the storm drain system, inclu , but t limited to, any conveyance which allows any non- stormwater discharge includi ag ss wastewater, and wash water to enter the storm drain system and any connection th torm am system from indoor drains and sinks, except discharges from sump pits,regardle e d drain or connection had been previously allowed,permitted, or approved by an aut ze en fo ent agency;or (2) Any drain or conveyanc nnected from a residential, commercial or industrial land use to the storm drain system,which has not n documented in plans,maps,or equivalent records and approved by an authorized enforcement agency. Illicit Discharge: Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater,except for discharges allowed under a NPDES permit. Land Disturbance or Land Disturbing Activities: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands. This may include, but is not limited to, a disturbance that results in a change in topography, or disturbance of the existing soil cover(both vegetative and non-vegetative). Land disturbing activities include clearing and grubbing, grading, excavating, transporting earth material and filling of land for all new construction and redevelopment. Activities that do not meet the thresholds for projects identified in Section 1074(a)are not considered land disturbing activities. j eaxX_raiec4s Proiects whose confi _wl!". ith nearly parallel _a_. a c nci s iif Mer at ong tr aud-uchicles. Minimum Impact Design Standards (MIDS): Developed by the State Pollution Control Agency to minimize stormwater runoff and pollution and thereby help maintain natural resources health.They are a prerequisite for and guide the selection of best management practices required for each individual site. Ltneo✓ Nos�-S= ooAs4-vue�h�n 6v r covis+rualion �� 1� or 04-41ev, KOk f or 44-P 00►\S4-vLtcf-1 o n � r plp4;rJ or Ye(��}►-ru ►oh d a �,-j-i 1 4-y4 6� 4- is vio a 01 N 0 m`Panem +- & Q - Iav9'0v' ,: JaVelmp►'1'11PAlk* r->r rec��eclelplpd►t�eN � P✓o,PC'4- 44wplr5 IhC laClV roa � ©lr'd YOa CJ W t C�l�2►�.t►moo) projpt4-S , rl 14-C ti kJo v k, Y"daK U-10 to l fv A s wl40A4. , a lnr� c.pL.. ► . Lv ��,c�tA•l I„ 1��H . Page 268 of 423 Minnehaha Creek Watershed District or MCWD: The MCWD issues permits for erosion control and stormwater management in a small area of the City south of Interstate 394 and east of Highway 100. National Pollutant Discharge Elimination System or NPDES Program:The program for issuing,modifying, revoking,reissuing,terminating,monitoring,and enforcing permits under the Clean Water Act, Sections 301,318, 402,and 405 and 33 CFR 1317, 1328, 1342,and 1345. Owner: Includes fee owner,contract purchaser,and lessee for whom construction is being undertaken. Permanent Cover: Final stabilization. Examples include grass, native vegetation, landscape rock, mulch, asphalt,and concrete. Permit:An official document or certificate issued by the City authorizing performance of a specified activity. Permittee: An applicant or any person or entity who signs the application submitted to the City and is responsible for compliance with its terms and conditions. Regional Flood:A flood which is representative of large floods known to have occurred generally in the State, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence intervals O r cn�1 r_101FVe'e h-+ a hq h e.e, e-P ood 4 Y r ►n cr h C.�h ey~ St nq post 1 P�e�.� p�+a �o� Cia 4*.• Redevelopment:For the purposes of determimng post-construc ion stormwater manse en requirements,any construction activity where,prior to the start of construction, the areas t e disturbed have 15 percent or more of existing impervious surface. Sediment:The product of an erosion process;solid material t6�f in eral a organic,that is in suspension,is being transported,or has been moved by water, air,or ice, and come to on the earth's surface either above or below water level. Sediment Control: Methods employed to prevent s diment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainag wales, check dams, subsurface drainpipe slope drains, storm drain inlet protection,and temporary or pe . e tation basins. Site: A parcel of real property owned by o e or in than one person, which is being or is capable of being developed as a single project. Soil:The unconsolidated mineral d o nic eral material on the immediate surface of the earth. Stabilized: The exposed— en covered by staked sod,riprap,wood fiber blanket, or other material,which prevents erosio in cu . Ground surface which has been seeded is not stabilized. Stormwater: Precipitation run stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. Stormwater does not include struction site dewatering and sump discharge. Stormwater Management Facilities:Structural and non-structural components of the stormwater management system associated with the quality and quantity of stormwater runoff. Stormwater Management Plan:A plan which describes how stormwater runoff and associated water quantity and water quality impacts resulting from the proposed development project will be controlled and managed. Stormwater Management System:Public and/or private systems of collecting,conveying,storing and treating stormwater runoff. Stormwater Pollution Prevention Plan or SWPPP: A plan for stormwater discharge that includes erosion prevention measures and sediment controls that,when implemented,will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. Sump Discharge: Water that has been filtered through the ground or soil layers resulting in clear water and discharge by a sump121mp. Sump discharge is not considered stormwater,but is an acceptance discharge. Surface Waters: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways,and watercourses,whether natural or artificial,public or private. Temporary Erosion Protection: Methods employed to prevent erosion before final stabilization. Examples include erosion netting,wood fiber blanket,wood chips and silt fence. PROOFSPage 269 of 423 Wetlands: Wetlands are defined in Minnesota Rules 7055.0130, subd. F, and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (b) Responsibility. Neither the issuance of a stormwater management permit nor compliance with its conditions or the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this chapter shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. (c) Abrogation and greater restrictions. It is not the intention of this chapter to repeal or abrogate any existing grading, drainage and erosion control or stormwater management policies or permits issued under this chapter, which permits shall continue in full force and effect; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (d) Compatibility and compliance with other regulations. This chapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards shall control. (e) Application to all water entering system. This chapter shall apply to all water entering the City's stormwater management system from any land within the City. (f) Responsibility for administration and waivers. The Administrator shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Administrator by this chapter may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and performance standards of this chapter. (Code 1988, § 4.31(2); Ord. No. 428, 2nd series, 5-14-2010; Ord. No. 545, 2nd series, 3-26-2015) Sec. 107-3. Permit authority for land disturbing activities. (a) City. The City is the permitting authority for land disturbing activities listed in Section 107-4(a) within the boundaries of the BCWMC and the MCWD. The City may issue a stormwater management permit approving land disturbing activities in these areas. (b) Bassett Creek Watershed Management Commission (BCWMC). Although the BCWMC is not a permitting authority, it has the authority to review and approve projects that disturb an area of 10,000 square feet or more, or will result in more than 200 cubic yards of cut or fill, and projects listed in the BCWMC document "Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC guidelines, policies, standards and requirements. The BCWMC will review the applicant's submittal only after the project has received preliminary review by the City indicating general compliance with existing local watershed management plans. (c) Minnehaha Creek Watershed District (MCWD). The MCWD is the permitting authority for land disturbing activities in excess of 5,000 square feet or 50 cubic yards within the MCWD boundaries. In addition, projects meeting criteria listed in the MCWD regulatory rules may also be subject to review and permitting. Where required, the MCWD permit is in addition to a permit required by the City. (d) Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for land disturbing activities requiring an NPDES permit for construction activity, including the requirements for developing and implementing a SWPPP. The NPDES permit is required for construction activity that results in land disturbance of equal to or greater than one acre, or a common plan of development or sale that disturbs greater than one acre, as defined in the NPDES permit. Where required, the NPDES permit is in addition to permits required by the City and the MCWD. PROOFSPage 270 of 423 (Code 1988, § 4.31(3); Ord. No. 545, 2nd series, 3-26-2015) Sec. 107-4. City stormwater management permit. (a) Activities requiring a City stormwater management permit. (1) Land disturbing activities which that remove soils or vegetation, including, but not limited to, clearing, digging, dredging, draining or filling. Any of the following activities shall require a stormwater management permit: a. Any activities which that disturb soils or vegetation in excess of 4,000 square feet. b. Any activity that would involve construction, installation, demolition, modification or expansion of a building foundation wall. c. Construction or demolition of a swimming pool. d. Construction or demolition of a retaining wall of sufficient height to require a building permit. e. Any land disturbing activities within City right-of-way that have a duration greater than 72 hours and are not covered by a right-of-way excavation, utility, or plumbing permit. f. Cutting, filling, disposal, hauling in, or storage of more than 30 cubic yards of soil. g. Construction, reclamation, expansion, removal or modification of a parking lot that exposes aggregate base or underlying soils. h. Construction, expansion or modification of a stormwater management facility or stormwater BMPs. i. Any land disturbing activities within the 100-year floodplain or calculated high water level of any water body, or immediately adjacent to any wetland or public water body, including shoreline restoration and creek bank stabilization. j. Those activities required to meet the standards of the BCWMC as set forth in the current version of BCWMC's "Requirements for Improvements and Development Proposals," as amended from time to time. (2) The following activities may be undertaken without a stormwater management permit: a. Maintenance of existing yards. b. Emergency work to preserve life or property. (b) Application submittal requirements. Each City stormwater management permit application shall include two sets of plans and supporting documentation and one electronic copy of the plans and supporting documentation. The following items shall be required with each application, except to the extent waived by the Administrator: (1) Completed application forms and fees required by the City and BCWMC, if applicable. (2) Provision made for financial securities as required in Subsection (f) of this section. (3) Copies of permits or permit applications required by other jurisdictions. (4) Existing site conditions on a certified survey, prepared to City standards and including existing topography, easements, vegetation and drainage. (5) Stormwater management plan and narrative. Plans must be prepared to City standards and the standards of BCWMC, MCWD, and MPCA, if applicable. For construction sites equal to or greater than one acre, plans must be submitted that: a. Meet the requirements of Part III and Part IV of the NPDES construction stormwater permit. b. Meet the post-construction stormwater management requirements listed in Section 107-5. (c) Application review process and permit approval. (1) Pre-review. The Administrator shall make a determination regarding the completeness of a permit application within 15 business days of the receipt of the application and notify the applicant if the application is not complete. Incomplete applications may result in automatic denial of the permit. PROOFSPage 271 of 423 (2) Permit review and decision. When Both the City and the appropriate watershed management organizations review permit applications, or development proposals. The Administrator shall notify the applicant of permit approval or denial within 60 days of receipt of a complete application. (3) Permit approval. Upon approval of the application, the Administrator shall issue a permit. (4) Permit denial. If the Administrator determines that the application does not meet the requirements of this chapter, the application will be denied. All land use and building permits shall be suspended until the applicant has an approved permit. (5) Plan modifications. The applicant must amend any submitted plans as necessary to include additional requirements, such as additional or modified BMPs designed to correct problems identified, or to address situations whenever: a. There is a change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface waters or groundwaters. b. Inspections or investigations by site operators, local, state or federal officials indicate the plans are not effective in preventing or significantly minimizing the discharge of pollutants to surface waters or groundwaters or that the discharges are not meeting water quality standards; or c. The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity. (6) Permit duration. Permits issued under this chapter shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place. The permittee shall commence permitted activities within 60 days of the issuance of the permit for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Administrator, except where an item to be resubmitted is waived by the Administrator. The permit will expire or terminate when: a. The site has been stabilized and approved by the Administrator; or b. There has been 180 days of inactivity. (d) Performance standards for construction site stormwater runoff control. (1) All grading material and soil however placed on a grading site shall remain within the limits of the grading site and not travel onto adjacent property, streets, or other public or private property as dust, mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the Administrator. (2) All proposed stormwater BMPs must be maintained in accordance with the plans, details and specifications approved by the City. (3) Projects within the BCWMC boundaries that disturb an area of 10,000 square feet or more or will result in more than 200 cubic yards of cut or fill shall meet the current requirements for Construction Erosion and Sediment Control Plans specified by the BCWMC. Projects required to meet water quality standards of the BCWMC shall meet the current design and maintenance requirements for the proposed BMPs as specified by the BCWMC. (4) Projects within the MCWD boundaries that disturb an area of 5,000 square feet or more or will result in more than 50 cubic yards shall meet the erosion and sediment control requirements specified in the current regulatory rules. (5) Projects with land disturbing and on-site activities equal to or greater than one acre shall meet the requirements of Part III and Part IV of the NPDES construction stormwater permit for erosion and sediment controls and waste controls. (e) Applicant responsibilities. (1) Inspections. The applicant is responsible for regular inspections and recordkeeping needed to document compliance with the permit requirements. At a minimum, the applicant must inspect the construction PROOFSPage 272 of 423 project once a week and within 24 hours of a rainfall event of one-half inch or greater in a 24-hour period. The City may conduct inspections as needed to ensure that both erosion and sediment control measures and stormwater BMPs are properly installed and maintained prior to construction, during construction, and at the completion of the project. The applicant shall notify the City a minimum of 72 hours prior to the following required City inspections: a. Initial inspection: when all erosion and sediment control BMPs are installed. This inspection must be completed before a building permit can be issued. b. Project complete inspection: when the project is complete, including, but not limited to, final grading, installation of all stormwater management facilities, and final stabilization measures are complete. One-year warranty begins after inspector approves project. c. Warranty inspection: completed one year later to confirm that permanent site stabilization methods have been successful and vegetation, has been established. (2) Reporting. The applicant shall submit reports to the Administrator under the following circumstances and shall submit recommendations for corrective measures, if appropriate, with such reports: a. There are delays of more than seven days in obtaining materials, machinery, services or manpower necessary to the implementation of the Stormwater Management Plan as scheduled. b. There are delays of seven days in land disturbing or filling activities or soil storage. c. The work is not being done in conformance with the approved plans and permit. Any changes to the approved plan must be submitted to the Administrator for review and approval before work can commence. (3) Right of entry. The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter the construction site. The applicant shall allow the City and its authorized representatives, to: a. Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys; b. Bring such equipment on the site as is necessary to conduct such surveys and investigations; c. Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site; d. Inspect the stormwater pollution control measures; e. Sample and monitor any items or activities pertaining to stormwater pollution control measures; f. Correct deficiencies in stormwater and erosion and sediment control measures consistent with Subsections (g)(5) and (6) of this section. (f) Financial security. (1) Amount and type. The applicant shall provide security for the performance of work to provide all temporary and permanent erosion and sediment control measures described and delineated in the approved permit in an amount not less than 125 percent of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: a. Bond issued by one or more corporate sureties duly authorized to do business in the State. The form of the bond shall be subject to the approval of the City Attorney; b. Deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment; c. Irrevocable letter of credit in a form acceptable to the City Attorney; or PROOFSPage 273 of 423 d. Cash in U.S. currency. (2) Release. Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one year after final inspection has been approved by the Administrator, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for a warranty period at the discretion of the Administrator. (3) Reduction of security. The Applicant may request a reduction of have the option to reduce the security one time within the first 12 months of the issuance of the permit, and thereafter, one time within any 12- month period, which period shall commence on the anniversary date of the issuance of the permit and shall end on the day preceding the anniversary date of the issuance of the permit. (g) Enforcement actions to ensure compliance. (1) Orders. The Administrator may issue an order to modify the approved permit and stipulate a time frame for compliance per Subsection (c)(5) of this section. The applicant shall comply with said order. (2) Permit suspension. The Administrator shall suspend the permit and issue a stop work order if the Administrator determines that the permit was issued in error, the applicant supplied incorrect information, or the applicant is in violation of any provision of the approved plans, the permit, or this chapter. The Administrator shall reinstate a suspended permit upon the applicant's correction of the cause of the suspension. (3) Construction stop work order. The City Building Official may issue a stop work order for a related building permit if requested by the Administrator. (4) Permit revocation. If the applicant fails or refuses to cease work as required, the Administrator shall revoke the permit and the applicant shall be subject to enforcement, penalties, and loss of its financial security in accordance with terms of Subsection (g)(6) of this section. The Administrator shall not reinstate a revoked permit. (5) Remedial corrective action. The City or a private contractor under contract with the City may conduct remedial or corrective action on the project site or adjacent sites affected by project failure or to implement actions specified in an order to modify plans and permit. The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures according to the order, including, but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within 30 days, payment will be made from the applicant's financial security or, in the case where no permit was issued, payment will be assessed against the property. (6) Action against financial security. In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs, including, but not limited to, staff time and attorney's fees: a. The applicant ceases land disturbing activities and/or filling activities prior to completion of the Stormwater Management Plan; b. The applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his permit revoked under this Code; c. The techniques utilized under the Stormwater Management Plan fail within one year of installation, or before final stabilization is implemented for the site or portions of the site, whichever is later; d. The Administrator determines that action by the City is necessary to prevent excessive erosion from occurring on the site; or e. The applicant fails to establish wetland, stream, or shoreline buffers as described in the stormwater permit. (7) Misdemeanor violation. Any violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Page 274 of 423 (8) Cumulative enforcement. The procedures for enforcement of a permit, as set forth in this chapter, are cumulative and not exclusive. (Code 1988,§4.31(4);Ord.No.428,2nd series,5-14-2010;Ord.No.545,2nd series,3-26-2015) Sec. 107-5.Post-construction stormwater management. (a) The following projects must include a site plan with post-construction stormwater management BMPs that meet the requirements of this chapter and are designed, constructed, and maintained in accordance with the NPDES construction stormwater permit: (1) New development and redevelopment projects with land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale. (2) Nonresidential development and redevelopment projects greater than one-half acre and less than one acre that, at the time of permitting, discharge stormwater through their private systems directly to a surface water without being routed through a stormwater management facility or BMP. (b) Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates for the two-, 10-,and 100-year 24-hour precipitation events. (c) Stormwater volume control techniques and practices, including, but not limited to, infiltration, evapotranspiration,reuse/harvesting,conservation design,urban forestry d green roofs,shall be given preference as design options provided they are consistent with City zoning, s division, and planned unit development requirements,and sanitary sewer inflow and infiltration reduction uirements. (d) The minimal impact design standards (MIDS) and ice developed under and pursuant to Minn. Stats. § 115.03,subd. 5c,along with the MIDS calcula r a esign sequence flowchart,and design criteria in the Minnesota Stormwater Manual,is the recommend me hieving the post-construction stormwater management requirements described in this chapterrj AS IS W 1441_J�C WAC- f'r(U (f rhvn 4A, (e) For new development projects there s i ease from pre-project conditions (on an annual average basis)of: (1) Stormwater discharge volume, unl precl ded by the stormwater management limitations in Subsection(g)of this section (2) Stormwater discharges of tota solids(TSS). (3) Stormwater discharg f to 1 ph orus(TP). (f) For redevelopment proje there shall be a net reduction from pre-project conditions (on an annual average basis)of: (1) Stormwater discharge volume, unless precluded by the stormwater management limitations in Subsection(g)of this section. (2) Stormwater discharges of TSS. (3) Stormwater discharges of TP. (g) Stormwater management limitations and exceptions. (1) Limitations. a. Infiltration prohibited. The use of infiltration techniques are prohibited when the infiltration structural stormwater BMP will receive discharges from,or be constructed in,the following areas: 1. Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS industrial stormwater permit. 2. Where vehicle fueling and maintenance occur. 3. Where less than three feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock exists. 4. Where high levels of contaminants in soil or groundwater will be mobilized by infiltrating PROOFSPage 275 of 423 stormwater. 5. Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and infiltration of clear water into the sanitary sewer system. b. Infiltration restricted. The use of infiltration techniques will be restricted when the infiltration device will be constructed in areas: 1. With predominately Hydrologic Soil Group D (clay) soils. 2. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. 3. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minnesota Rules 4720.5100, subd. 13. 4. Where soil infiltration rates are more than 8.3 inches per hour. c. Linear projects. 1. Linear projects on sites where infiltration is not prohibited or restricted that create one acre or greater of new impervious surfaces, shall meet the requirements of Subsection (e) of this section for the increase in impervious surface. 2. Linear projects on sites where infiltration is prohibited or restricted that create one acre or greater of fully reconstructed surface, shall meet the requirements of Subsection (f) of this section for the impervious surface. 3. Mill and overlay and other resurfacing activities are not considered fully reconstructed. 4. A reasonable attempt must be made to obtain right-of-way, property, or easements during the project planning process for volume control practices. For linear projects where the lack of right-of-way or property precludes the installation of volume control practices to meet Subsection (g)(1)c.1 or 2 of this section, exceptions as described in Subsection (g)(2) of this section can be applied. (2) Exceptions. A lesser volume control standard on the site of the original construction activity may be applied, at the discretion of the City, under the following circumstances: a. The permittee or owner of the construction site is precluded from infiltrating stormwater due to limitations under Subsection (g)(1)a, b or c of this section; and b. The permittee or owner of the construction site implements volume reduction techniques, other than infiltration, on the site of the original construction activity that reduce stormwater discharge volume but may not meet the requirements of post-construction stormwater management. (h) Mitigation. There may be circumstances where the permittee or owner of a construction site cannot cost effectively meet the conditions for post-construction stormwater management for TSS and/or TP on the site of the original construction activity. For this purpose, the City or permittee/owner shall identify locations where mitigation projects can be completed. Any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity must be addressed through mitigation and, at a minimum, shall ensure the following requirements are met: (1) Mitigation project areas are selected in the following order of preference, with consultation and approval of the City: a. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity. c. Locations in the next adjacent DNR catchment area upstream. d. Locations anywhere within the City. (2) Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of PROOFSPage 276 of 423 existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. (3) Routine maintenance of structural stormwater BMPs already required by this chapter cannot be used to meet the mitigation requirements. (4) Mitigation projects shall be completed within 24 months after the start of the original construction activity. (5) The City shall determine, and document, who is responsible for long-term maintenance on all mitigation projects. (6) If the City receives payment from the owner and/or permittee for mitigation purposes in lieu of the owner or permittee meeting the conditions for post-construction stormwater management, the City shall apply any such payment received to a public stormwater project, and all projects must be in compliance with this chapter. (Code 1988, § 4.31(5)) Sec. 107-6. General performance standards. (a) Freeboard. The elevation separation of buildings with respect to lakes, streams, ponds, basins, wetlands, and stormwater management facilities shall conform to the following: (1) All new and existing structures and uses located in the floodplain are subject to Section 113-125. (2) For structures and uses located outside the floodplain, the following shall apply: The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two feet above the calculated high water level of adjacent wetlands, basins, ponds, and stormwater management facilities, or be structurally floodproofed in accordance with Section 113-125. Calculated high water levels shall be determined by the City based on the relevant Federal, State, BCWMC, and City studies. (b) Setbacks. New principal structures shall be set back 25 feet from the following features: (1) A delineated wetland edge. (2) The top of bank of a pond, filtration basin, infiltration basin, as determined by the Administrator unless such a feature is incorporated into the architectural design of the building and the construction plans are prepared and signed by a licensed structural engineer. (c) Buffers. (1) Native or natural vegetation buffers must be established or preserved in accordance with this chapter and the requirements of the BCWMC. (2) The buffer zone widths are as follows: a. Streams. Ten feet or 25 percent of the distance between the ordinary high water level and the nearest existing structure, whichever is less. b. Wetlands. Based on a Minnesota Routine Assessment Methodology (MnRAM) classification or similar classification system, buffer widths will be as follows (measured from the delineated wetland edge): 1. Preserve: 75 feet average and minimum of 50 feet. 2. Manage 1: 50 feet average and minimum of 30 feet. 3. Manage 2 or 3: 25 feet average and a minimum of 15 feet. c. Lakes. Minimum of 10 feet in width measured from the OHWL. d. Stormwater management facilities. Buffers shall extend from the normal water level, or bottom of a dry basin, up to the top of bank of the stormwater management facility, as determined by the Administrator, and shall be a minimum of 10 feet in width. PROOFSPage 277 of 423 (3) The following standards shall guide the creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify or waive standards depending on each project site and goals for the water body. a. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b. An access corridor, not to exceed 20 feet in width or 20 percent of the buffer edge, whichever is less, is permitted. c. Accessory structures intended to provide access to wetlands such as stairways and docks are permitted in the access corridor. d. The City may require that the buffer may be placed in a conservation easement. e. Monuments identifying the conservation easement, designed in accordance with City standards, should be placed every 100 feet to delineate the buffer edge and at intersections with property lines. f. Buffer strip vegetation should be appropriate to the goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. (d) Maintenance of private stormwater management facilities. (1) No private stormwater management facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected annually or more often, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. (2) Owners of private stormwater management facilities shall enter into an agreement with the City describing responsibility for the long-term inspection, operation and maintenance of the facilities. (Code 1988, § 4.31(6); Ord. No. 428, 2nd series, 5-14-2010; Ord. No. 545, 2nd series, 3-26-2015) Sec. 107-7. Stormwater and urban runoff pollution control. (a) Illegal disposal. (1) Discarded materials. No person shall throw, deposit, place, leave, maintain, or keep, or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catchbasin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. (2) Landscape debris. No person shall dispose of leaves, dirt, or other landscape debris into a street, road, alley, catchbasin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. (b) Illegal discharges and illicit connections. (1) No person shall cause any illegal discharge to enter the municipal stormwater system unless such discharge consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA or is associated with firefighting activities. (2) The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: a. The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing, landscape irrigation, diverted stream flows, rising groundwater infiltration, uncontaminated pumped groundwater, sump pump discharge, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water. PROOFSPage 278 of 423 b. Discharges or flow from firefighting. c. Discharges associated with dye testing; however, this activity requires a verbal notification to the City's Public Works Division prior to the time of the test. (3) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. (4) No person shall use an illicit connection to intentionally convey non-stormwater to the City stormwater system. (c) Good housekeeping provisions. Any owner or occupant of property within the City shall comply with the following good housekeeping requirements: (1) Chemical or septic waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain systems may occur. This chapter shall apply to both actual and potential discharges. For swimming pools, the chlorination system should be suspended for seven days to allow for chlorine to evaporate before discharge to the owner's property or into the storm sewer system. (2) Runoff minimized. Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City Code. (3) Storage of materials, machinery, and equipment. Materials or equipment shall be stored to limit risk of contamination by runoff. a. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. b. Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges. (4) Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to use, function, or physical integrity of the watercourse. (d) Removal of debris and residue. (1) All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and residues. Such debris and residue shall be collected and disposed of in accordance with law. (2) Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through the County collection program or at any other appropriate disposal site and shall not be placed in a trash container. (e) Notification of spills or leaks. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the stormwater management system, or surface waters, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. This shall include immediate notification of the State Department of Safety Duty PROOFSPage 279 of 423 Officer, if the source of the illegal discharge is a spill or leak as defined in Minn. Stats. § 115.061. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least two years. (f) Compliance monitoring. (1) Right of entry. City inspectors and regulators shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. a. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City. b. Facility operators shall allow approved City employees ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater. c. The City shall have the right to set up on any facility such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge to ensure compliance with this chapter. d. The City has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. e. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the operator. f. Unreasonable delays in allowing City access to a facility is a violation of this chapter. A person who is the operator of a facility commits an offense if the person denies the City reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter. (2) Search warrants. If the City has been refused access to any part of the premises from which stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search warrant from any court of competent jurisdiction. (g) Violations, enforcement, and penalties. (1) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this chapter or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the City is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of the abatement as outlined in Chapter 10. (2) Warning notice. When the City finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the City may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the City to take any action, including emergency action or any other enforcement action, without first issuing a warning notice. PROOFSPage 280 of 423 (3) Notice of violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City may order compliance by written notice of violation to the responsible person. a. The notice of violation shall contain: 1. The name and address of the alleged violator; 2. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred; 3. A statement specifying the nature of the violation; 4. A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action; 5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within five days of service of notice of violation; and 7. A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. b. Such notice may require, without limitation: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; 5. Payment of a fine to cover administrative and remediation costs; and 6. The implementation of source control or treatment BMPs. (4) Civil penalties. In the event an alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within five days, or such greater period as the City shall deem appropriate, the City may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. (h) Appeal of notice of violation. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the municipal authority upholding the decision of the City then representatives of the City shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (i) Cost of abatement of the violation. Within five days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within five days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. (j) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such PROOFSPage 281 of 423 nuisance may be taken. (Code 1988, § 4.31(7); Ord. No. 428, 2nd series, 5-14-2010; Ord. No. 545, 2nd series, 3-26-2015) Sec. 107-8. Responsibility for stormwater drainage on private property. (a) Responsibility. Property owners are responsible for stormwater drainage on private property. The City assumes responsibility for drainage when stormwater runoff enters the City's right-of-way or storm sewer system. (b) Technical assistance. Upon written request, the City may provide technical assistance to investigate or correct a drainage problem on private property. (c) Petition. Property owners may petition the City for public improvements to correct a drainage problem on private property. (d) Costs. Property owners are responsible for paying shall pay all costs associated with correcting drainage problems on private property including City staff time, consultant costs, legal fees, and design and construction costs. (e) Assessment. If property owners petition the City to construct a public project, project costs will shall be assessed to each property contributing flow to the problem area in accordance with Minn. Stats. ch. 429 and pursuant to the City's assessment policy. (Code 1988, § 4.31(8); Ord. No. 428, 2nd series, 5-14-2010; Ord. No. 545, 2nd series, 3-26-2015) PROOFSPage 282 of 423 Chapter 108 RESERVED PROOFSPage 283 of 423 Chapter 109 SUBDIVISIONS* *State law reference—Subdivision regulations, Minn. Stats. § 462.358. ARTICLE I. IN GENERAL Sec. 109-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boulevard: The portion of the street right-of-way between the curbline and the property line. The area between the adjacent property line and the portion of a street improved for public travel. Comprehensive Plan: A compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the City and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the Council's recommendations for the future development of the community and includes any part of such plan separately adopted and any amendment to such plan or part thereof. Corner Lot: A single parcel of land bounded in part by two streets that intersect at an angle of 135 degrees or less. For measurement purposes, the primary front of a corner lot is the shorter of its two street sides. Cul-de-Sac: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Depth of Lot: The shortest horizontal distance between the front line and the rear line measured at a 90-degree angle from the street right-of-way. Easement: A grant of an interest in land by an owner for the specific use of said land by the public generally, or by a person. Final Plat: The final map, drawing or chart, as prepared by a registered licensed professional land surveyor, on which the owner's or subdivider's plan of subdivision is presented to the Council for approval and which, if approved, will be filed for record in the Office of the County Recorder. Marginal Access Street Frontage Road: A street which is parallel to and close to arterial streets and highways and which provides access to abutting properties and protection from through traffic. Functional Classification System Criteria for Roadways: The system adopted by the Metropolitan Council based on roadway characteristics, access spacing standards, and other transportation planning standards. The functional classification system consists of five four types of roadways: Interstate freeway, major principal arterials, minor arterials, collector streets and local streets. The functional classification system is found in the Transportation Chapter of the Metropolitan Development Guide/Policy Plan. Half Street: A perimeter street of at least 30 feet in width which lies within the boundaries of a proposed plat. Lot: A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description. Minimum Subdivision Design Standards: The guides, principles and specifications for the preparation of subdivision plans indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary plan. Owner: Any individual, firm or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. Party Walls: The wall shared in a residential structure by more than one residential unit. PROOFSPage 284 of 423 Pedestrian Way: The right-of-way across land, for use by pedestrian traffic whether designated as a pedestrian way, crosswalk, or however otherwise designated. Planning Agency: The Planning Commission or Physical Development Department of the City. Platting Authority: The City Council. Preliminary Plat: The preliminary map, drawing or chart indicating the proposed layout of a subdivision to be submitted through the Office of the City Physical Development Department to the Planning Commission and the Council for consideration. Double Bungalow Residential Zero Lot Line Home: A residential structure divided into two residential units along a party wall. Restrictive Covenants: Contracts entered into between private parties constituting a restriction on the use of private property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of development which would tend to impair values. Right-of-Way Width: The shortest distance between the lines delineating the right-of-way of a street. Setback Line, Building: A line shown on the preliminary plat, within the lot and parallel to the street or lot line, which sets off an area within which no enclosed structure or portion thereof may be erected. Street: A public right-of-way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place or however otherwise designated. Street Width: The shortest distance between the lines delineating the right-of-way of a street. Subdivider: Any person, firm or other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another. Subdivision: The division of a parcel of land into two or more lots or parcels, for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term "subdivision" includes a change to an existing subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Utilities: One or more of the following services provided to the public: sanitary sewer, water, storm sewer, telephone telecommunications, electricity, natural gas, cable television, and other communication mechanisms. Width of Lot: The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the minimum front yard setback line. (Code 1988, § 12.03; Ord. No. 706, 1-11-1987; Ord. No. 34, 2nd series, 4-12-1990; Ord. No. 548, 2nd series, 4-16-2015) Sec. 12.99. Violation a misdemeanor. Every person violates a section, subdivision, paragraph, or provision of this chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 12.99; Ord. No. 706, 1-11-1987) Sec. 109-2. Purpose and interpretation. Each new subdivision becomes a permanent unit in the basic physical structure of the future community, a unit to which the future community will of necessity be forced to adhere. In order that new subdivisions will contribute toward an attractive, orderly, stable and wholesome community environment with adequate City services and safe streets, all subdivisions hereafter platted within the incorporated limits of the City shall in all respects fully comply with the regulations set forth in this chapter. In interpretation and application, the provisions of this chapter shall be the minimum requirements necessary for the protection of the public health, safety and general welfare. (Code 1988, § 12.01) PROOFSPage 285 of 423 Sec. 109-3. Scope. Except in the case of new subdivision applications, this chapter shall not apply to any lot or lots forming a part of subdivision plats recorded in the Office of the County Recorder or Registrar of Titles prior to the effective date of the ordinance from which this chapter is derived, nor shall this chapter repeal, abrogate, annul or in any way impair or interfere with existing provisions of any laws or City Code provisions except those specifically in conflict with this chapter. (Code 1988, § 12.02; Ord. No. 34, 2nd series, 4-12-1990) Sec. 109-4. Conveyance by metes and bounds. No transfer of ownership of land may occur in which the land is described: by metes and bounds; by reference to an unapproved registered land survey made after April 21, 1961; or to an unapproved plat made after the effective date of the ordinance from which this chapter is derived. However, transfers of ownership of land may occur as found in Minn. Stats. § 462.358, subd. 4b(1), (2), (3), (4), (5), and (6). Any person seeking a waiver of the requirements for platting as provided in the aforementioned section of the Minnesota Statutes shall make an application to the Planning Department City accompanied by a fee as determined by Council resolution. (Code 1988, § 12.53) Sec. 109-5. Variances. (a) Generally. (1) The Council may grant a variance from this chapter following a finding that all of the following conditions exist: a. There are special circumstances for conditions affecting said property so that the strict application of the provisions of this chapter would create an unusual hardship and deprive the applicant of the reasonable use of his land. Economic difficulty or inconvenience shall not constitute a hardship situation for the purpose of this chapter. b. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. c. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood in which said property is situated. (2) In making this finding the Council shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. In granting a variance, as herein provided, the Council may prescribe such conditions as it deems desirable or necessary in the public interest. (b) Applications required. Application for any such variance shall be made in writing by the owner or subdivider at the time when the preliminary plat is submitted for the consideration of the Planning Commission, stating fully and clearly all facts or other additional data which may aid the Planning Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. The Council may require review or approval of the variance request by other agencies including the U.S. Army Corps of Engineers, the Bassett's Creek Water Management Commission, and the State Department of Natural Resources. (Code 1988, § 12.54; Ord. No. 34, 2nd series, 4-12-1990) Sec. 109-6. Building permit. No building permit shall be issued for the construction of any building, structure or improvement on any land required to be subdivided by this chapter until all requirements have been fully complied with. (Code 1988, § 12.52) PROOFSPage 286 of 423 Secs. 109-7--109-38. Reserved. ARTICLE II. PLATTING* *State law reference—Authority to require platting, Minn. Stats. § 462.358, subd. 3a. DIVISION 1. GENERALLY Secs. 109-39--109-64. Reserved. DIVISION 2. PRELIMINARY PLAT Sec. 109-65. Preliminary plat. (a) Before dividing any tract of land into two or more lots or parcels, except as provided for under Division 4 of this article, an owner or subdivider shall, unless a variance is authorized under the terms of this chapter, make application to the office of the City Manager or his designee for preliminary plat approval. The application shall be heard by the Planning Commission within 30 days of application. If the application is not heard by the Planning Commission within 30 days of submittal of a complete application, the application shall be referred directly to the Council for action. Said application shall be accompanied by: (1) 15 Copies of the preliminary plat, the number of which shall be established on the application form. (2) A filing fee shall be set by Council resolution. This fee will shall be used in connection with approval or disapproval of said preliminary plat, and before approval of the final plat, the subdivider shall also pay to the City an amount equal to the charge made to the City by the City Attorney for each abstract of title or registered property abstract required to be examined in connection with said final plat approval as specified in this chapter Section 12.40, Division 2. (b) Upon recommended approval or disapproval of the preliminary plat by the Planning Commission, the plat shall be referred to the Council for action. Referral by the Planning Commission must be made within 60 days of receiving the application. (c) After receiving a recommendation for approval or disapproval of the preliminary plat by the Planning Commission, the Council shall hold a public hearing on the preliminary plat within 30 days. The notice of the hearing shall be published at least once in the official newspaper at least 10 days prior to the hearing. A public notice shall be mailed to all property owners within 500 feet of the proposed preliminary plat at least 10 days prior to the hearing. At the close of the public hearing, the Council shall grant approval of the preliminary plat, approval with conditions, refer the preliminary plat back to the Planning Commission for additional study or disapprove the preliminary plat stating the reasons for such action in the official minutes of the Council meeting. The Council shall take final action on the preliminary plat within 120 days of submittal unless an extension has been agreed to by the applicant. If no action has been taken within 120 days, the preliminary plat shall be deemed to be approved. (Code 1988, § 12.10) Sec. 109-66. Necessary data for preliminary plat. The preliminary plat shall be clearly and legibly drawn. The size of the map shall not be less than 12 inches by 18 inches. All subdivision maps shall be drawn at a scale of no less than one inch equals 100 feet, unless otherwise required by the Council. The preliminary plat shall contain the following information: (1) Identification and description. a. Proposed name of the subdivision, which name shall not duplicate or closely resemble in pronunciation or spelling the name of any plat theretofore recorded in the County. b. Location by section, township, range or by other legal description. c. Names and addresses of the owner, subdivider, surveyor and designer of the plat. d. Graphic scale. e. North point. (The top of the map shall be approximately north.) f. Date of preparation. PROOFSPage 287 of 423 (2) Existing conditions. a. Boundary lines of proposed subdivision, clearly indicated. b. Existing zoning classifications. c. Total approximate acreage. d. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad, and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to a distance of 100 feet beyond the tract. e. Location and size of existing sanitary sewers, watermains, culverts or other underground facilities including telephone and electric cable lines sanitary sewer, water, storm sewer, telecommunications, electricity, natural gas, cable television, and other communication mechanisms within the tract and to a distance of 100 feet beyond the tract. Such data as grades, inverse elevations, and locations of catchbasins, manholes, and hydrants shall be shown. All elevations shall be referenced to mean sea level datum, 5th Gen. Adjustment of U.S. C & G Survey of 1929. f. Boundary lines of adjoining unsubdivided or subdivided land, within 100 feet, identifying by name and ownership. g. Current topographic data, including contours at vertical intervals of not more than two feet, except that, topography permitting, contour lines shall be no more than 100 feet apart. Marshes Wetlands, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. The centerline of all watercourses shall be accurately delineated. (3) Subdivision design features. a. Layout of proposed streets, showing right-of-way widths and proposed names of streets. The name of any street until now heretofore used in the City or its environs surroundings shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. b. Location and widths of proposed pedestrian ways and utility easements. c. Typical cross sections of proposed improvements upon streets and alleys, together with an indication of the proposed surface water runoff. d. Approximate centerline gradients of proposed streets, if any. e. Approximate location and size of any proposed sanitary sewer lines, storm sewer, and water mains. f. Layout, numbers, and typical dimensions of lots, provided that no lots shall be designated as outlets. g. Minimum front and side-street building setback lines, indicating dimensions. h. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. i. The preliminary plat shall incorporate a grading plan establishing yards or site elevations, with sufficient proposed elevations indicated thereon to provide proper control of the development to ensure proper building grades, site drainage, and conformance to established street grades. j. Size, species, and location of all existing significant trees, specimen trees, and significant woodlands, as defined by the City Code, located within the project limits. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. This existing tree survey must be prepared by a certified tree inspector or landscape architect retained by the applicant. (4) Other information. a. Statement of the proposed use of lots indicating type of residential building with number of PROOFSPage 288 of 423 proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fire hazards or congestion of population. b. Proposed restrictive covenants. c. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be for information only and shall not vest any rights in the applicant for uses other than residential. (5) Effect of missing data. All preliminary plats must contain the data as called for in this section. If any of the required data is missing from the preliminary plat, the application will shall not be accepted, and the preliminary plat will shall not be reviewed by the Planning Commission. (Code 1988, § 12.11) Sec. 109-67. Qualifications governing approval of preliminary plat. (a) The Council may require such changes or revisions as it deems necessary for the health, safety, general welfare, and convenience of the City. (b) The approval of a preliminary plat is tentative only, involving only merely the general acceptability of the layout as submitted. (c) Prior to approval of the preliminary plat by the Council, approval by the City Engineer and other public officials having jurisdiction will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage and sewage disposal sanitary sewer service, roadway widths, traffic impacts, and the surfacing of streets shall be approved by the City Engineer and other public officials having jurisdiction. (d) No plat will shall be approved for a subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots difficult or impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for occupancy, and provide adequate street and lot drainage. (e) No plat will shall be approved for a subdivision that does not meet the requirements specified in Section 12.20, Minimum Subdivision Design Standards, and Section 12.30, Public Sites and Open Spaces this chapter. (Code 1988, § 12.12; Ord. No. 706, 1-11-1987) Secs. 109-68--109-92. Reserved. DIVISION 3. FINAL PLAT Sec. 109-93. Application; approval; filing. (a) Application. After the preliminary plat has been approved by the Council, the subdivider must apply for approval of the final plat. The application must be made within 180 days of the approval by the Council of the preliminary plat unless an extension is made by the Council. The subdivider shall submit seven copies of the final plat (in conformance with the approved preliminary plat). The subdivider shall also provide one copy of the final plat to each utility company (telephone telecommunications, electric, gas, and cable TV). At this time, The subdivider shall also furnish the City with the abstract of title or registered property abstract. (b) Approval of final plat. The Council shall grant approval of the final plat, refer the final plat to the Planning Commission for additional study, or disapprove the final plat stating the reasons for such action which shall be recorded in the minutes of the meeting. Action to approve the plat shall be by resolution of the Council and shall be taken within 60 days of the preliminary approval if the subdivider so requests and has complied with all the conditions, requirements, and provisions of this chapter. (1) Before the Council gives approval to the final plat, a review of the certified abstract of title or the registered property abstract by the City Attorney showing title or control of the property being subdivided by the subdivider may be required. The applicant shall pay all costs of such review by the City Attorney. (2) The final plat may include only that portion of the preliminary plat which the owner or subdivider proposes to record or develop, provided that such portion conforms with all of the requirements of this PROOFSPage 289 of 423 chapter. (3) If the plat is approved, the subdivider shall submit two reproducible copies of the final plat for signing by the proper City officials, one of which will be retained by the City for their records. (c) Filing. (1) Filing. After the final plat has been approved by the Council, the subdivider shall file it for recording with the County Recorder or the Registrar of Titles within 60 days of the date of the resolution approving the final plat. If not filed within 60 days, the final plat shall be null and void unless an extension is given by the Council. (2) Proof of filing. The subdivider shall immediately upon recording, furnish the City with three prints a print of the final plat with recording data shown on the plat. No building permits shall be issued on any of the platted property until the City has received the above copies copy of the plat. (Code 1988, § 12.40; Ord. No. 706, 1-11-1987) Sec. 109-94. Necessary data for final plat. (a) General. The final plat shall be prepared by a registered surveyor and shall conform to all City, State, and County requirements. (b) Additional delineation and information required on the plat shall include: (1) Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. Dimensions of lot lines shall be shown in feet and hundredths. (2) An identification system for all lots and blocks. (3) True angles bearings and distances to the nearest established street lines or official monuments (not less than three) shall be accurately described in the plat. (4) Municipal, township, or section lines accurately tied to the lines of the subdivision by distances and angles. (5) Radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. (6) Accurate location of all monuments and property corners. (7) Accurate outlines of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision with the purposes indicated therein. (8) Certification by a registered licensed professional land surveyor in the form required by Minn. Stats. § 505.03. (9) Execution by all owners of any interest in the land and any holders of a mortgage thereon of the certificate required by Minn. Stats. § 505.03, and which certificate shall include a dedication of the utility easements and other public areas in such form as shall be approved by the Council. (10) Certifications showing that all taxes and special assessments currently due on the property to be subdivided have been paid in full. (11) Form of approval of the Council as follows: GOLDEN VALLEY, MINNESOTA This plat of ________________________ has been approved and accepted by the City of Golden Valley, Minnesota, at a regular meeting thereof, held this ___ day of___________, 20__. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30-day period has elapsed without receipt of such comments and recommendations, as provided by Minn. Stats. § 505.03, subd. 2. CITY COUNCIL OF GOLDEN VALLEY, MINNESOTA __________________________Mayor _________________________Clerk PROOFSPage 290 of 423 (12) Form for approval by County authorities as required. (Code 1988, § 12.41) Sec. 109-95. Copies of final plats. Copies of all plats of subdivisions, after the same have been submitted and approved as provided in this chapter, shall be filed and kept among the records of the City. (Code 1988, § 12.51) Secs. 109-96--109-118. Reserved. DIVISION 4. MINOR SUBDIVISIONS AND CONSOLIDATIONS Sec. 109-119. Eligibility for application. In keeping with Minn. Stats. § 462.358, subd. 1a, which allows for the establishment of more than one class of subdivision and more than one set of regulations, certain proposed land subdivisions and consolidations may qualify for application under this division. For such applications, the standards, requirements, and procedures cited herein shall supersede their subdivision counterparts in Sections 12.10, 12.11, 12.12, 12.20, 12.30, 12.40 and 12.42 of this chapter. Each of the following conditions must be met to establish eligibility: (1) The land to be subdivided or consolidated must be part of a recorded plat or a recorded registered land survey (RLS); (2) Consolidations may involve any number of parcels, but subdivisions shall be limited to the creation of four or fewer lots from one or more original parcels; and (3) The subdivision or consolidation shall not necessitate any additional public investment in new roads or utilities to serve the lots. (Code 1988, § 12.50(1)) Sec. 109-120. Components of application. Application for a minor subdivision or consolidation shall be made on forms furnished by the City. A filing fee set by Council resolution shall accompany the application. The applicant shall also furnish 15 copies of a sketch showing the following: (1) North arrow and scale (no smaller than one inch equals 100 feet). (2) Overall dimensions of the property and of each internal property division. (3) Square footage of the overall property and of each internal property division. (4) Location of all public utilities, streets, driveways, and easements, adjacent to or on the property. (5) Location and dimensions of any existing buildings, and distances to nearest existing or proposed lot lines on all sides. (6) Size, species, and location of all existing significant trees, specimen trees, and significant woodlands, as defined by the City Code, located within the project limits. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. This existing tree survey must be prepared by a certified tree inspector or landscape architect retained by the applicant. (7) A grading plan establishing yards or site elevations, with sufficient proposed elevations indicated thereon to provide proper control of the development to ensure proper building grades, site drainage and conformance to established street grades. (8) Any other information specific to the particular site and required for the complete evaluation of the application. Such information shall be supplied at the expense of the applicant. (Code 1988, § 12.50(2); Ord. No. 34, 2nd series, 4-12-1990; Ord. No. 548, 2nd series, 4-16-2015) Sec. 109-121. Conditions for approval or denial. (a) Minor subdivisions or consolidations shall be denied if the proposed lots fail to meet the following PROOFSPage 291 of 423 requirements: (1) All lots shall meet the minimum area requirements of the zoning district in which they are located, except that lots in the R-1 Single-Family Residential District created through minor subdivision after November 4, 2015, must be at least 15,000 square feet if the average of the R-1 single-family lots within 250 feet of the subject parcel have an average lot area of 18,000 square feet or greater, excluding from the calculation the subject parcel and lots less than 4,001 square feet. (2) All lots shall meet the minimum dimension requirements of the zoning district in which they are located, except that lots in the R-1 Single-Family and R-2 Moderate Density Residential Districts created through minor subdivision after November 4, 2015, must meet the minimum lot width at the minimum front yard setback line and maintain that lot width to a point 70 feet back from the front lot line. (3) The entire front of each lot shall abut on a street right-of-way and there shall be vehicular access to and from each lot via an improved street on which the lot abuts and/or via an improved public alleyway on which the lot abuts. (4) Corner lots shall be platted at least 20 feet wider than the required minimum lot width as required by Chapter