ROSEVILLE, MINNESOTA
CITY CODE

Published by the authority and direction of the Mayor and City Council of the City of Roseville.

 

      Craig D. Klausing                Mayor

      Amy Ihlan                              Councilmember

      Tom Kough                           Councilmember

      Dean Maschka                       Councilmember

      Tammy L. Pust                      Councilmember

      Christopher K. Miller Interim City Manager

   

 

First codified in 1959 and revised in 1971, 1973, 1975, 1978, 1980, 1983, 1985, 1988, and 1990, and recodified in 1995.

 

 

 

PREFACE

This city code of the City of Roseville, as supplemented, contains ordinances up to and including Ordinance 1342, passed November 13, 2006. Ordinances of the City adopted after said ordinance supersede the provisions of this city code to the extent that they are in conflict or inconsistent therewith. Consult the office of the City Manager in order to ascertain whether any particular provision of the code has been amended, superseded or repealed. (December 2006)


Table of Contents

(Ctrl & Left Click on Selection)

ADOPTING ORDINANCE. 4

TITLE 1 ADMINISTRATION.. 5

CHAPTER 101 OFFICIAL CITY CODE. 6

CHAPTER 102 GENERAL PENALTY.. 9

CHAPTER 103 CITY OFFICIALS. 11

CHAPTER 104 PERSONNEL POLICY.. 14

CHAPTER 105 INDEMNIFICATION.. 22

CHAPTER 106 CITY DEPARTMENTS. 24

CHAPTER 107 EMERGENCY MANAGEMENT.. 26

CHAPTER 108 PUBLIC HEARINGS. 27

TITLE 2 COMMISSIONS.. 28

CHAPTER 201 PLANNING COMMISSION.. 29

CHAPTER 202 POLICE CIVIL SERVICE COMMISSION.. 32

CHAPTER 203 PARKS AND RECREATION COMMISSION.. 33

CHAPTER 204 HUMAN RIGHTS COMMISSION.. 35

CHAPTER 205 PUBLIC WORKS, ENVIRONMENT, AND TRANSPORTATION COMMISSION.. 37

CHAPTER 206 ETHICS COMMISSION.. 38

TITLE 3 BUSINESS REGULATIONS.. 39

CHAPTER 301 GENERAL LICENSE REGULATIONS. 40

CHAPTER 302 LIQUOR CONTROL. 43

CHAPTER 303 AMUSEMENT DEVICES; AREAS AND GAMEROOMS. 54

CHAPTER 304 LAWFUL GAMBLING.. 57

CHAPTER 305 CHRISTMAS TREE SALES. 61

CHAPTER 306 CIGARETTE AND TOBACCO PRODUCTS. 62

CHAPTER 307 CONSTRUCTION LICENSES AND BONDS. 64

CHAPTER 308 CONVERSATION PARLORS. 66

CHAPTER 309 MASSAGE THERAPY ESTABLISHMENTS. 69

CHAPTER 310 MISCELLANEOUS LICENSE SECTION.. 73

CHAPTER 311 PAWNBROKERS AND PRECIOUS METAL DEALERS. 74

CHAPTER 312 LOCAL LODGING TAX.. 83

CHAPTER 313 MANUFACTURED HOME PARK CLOSINGS. 88

TITLE 4 HEALTH AND SANITATION.. 92

CHAPTER 401  BURIAL OF THE DEAD.. 93

CHAPTER 402 SOLID WASTE COLLECTION.. 94

CHAPTER 403 RECYCLING COLLECTION.. 98

CHAPTER 404 AIR POLLUTION CONTROL. 101

CHAPTER 405 NOISE CONTROL. 102

CHAPTER 406 SOIL CONTAMINATION.. 105

CHAPTER 407 NUISANCES. 107

CHAPTER 408 LAWN FERTILIZER.. 115

TITLE 5 POLICE REGULATIONS.. 117

CHAPTER 501 ANIMAL CONTROL. 118

CHAPTER 502 GENERAL OFFENSES. 127

CHAPTER 503 WEAPONS. 130

CHAPTER 504 FIREWORKS. 132

CHAPTER 505 MINORS, CURFEW... 133

CHAPTER 506 FALSE ALARMS - SECURITY AND ALARM SYSTEMS. 135

CHAPTER 507 DRUGS, CONTROLLED SUBSTANCES. 137

CHAPTER 508 UNCLAIMED PROPERTY.. 140

TITLE 6 MOTOR VEHICLES AND TRAFFIC.. 141

CHAPTER 601 TRAFFIC RULES. 142

CHAPTER 602 STOPPING, STANDING AND PARKING.. 144

CHAPTER 603 BICYCLE ROUTES. 147

CHAPTER 604 SNOWMOBILES. 148

CHAPTER 605 MOTORIZED GOLF CARTS AND ALL TERRAIN VEHICLES. 150

TITLE 7 PUBLIC WAYS AND PUBLIC PROPERTY.. 152

CHAPTER 701 PARKS AND RECREATION.. 153

CHAPTER 702 USE AND REGULATION OF PUBLIC WATERS. 155

CHAPTER 703 USE AND REGULATION OF PUBLIC WAYS. 157

CHAPTER 704 CONSTRUCTION OF STREETS AND SIDEWALKS. 163

CHAPTER 705 EXCAVATION, GRADING AND SURFACING.. 165

CHAPTER 706 FORESTATION CONTROL. 167

CHAPTER 707 RIGHT-OF-WAY MANAGEMENT.. 172

TITLE 8 PUBLIC WORKS.. 189

CHAPTER 801 MUNICIPAL WATER SYSTEM... 190

CHAPTER 802 SEWER USE AND REGULATIONS. 200

CHAPTER 803 STORM WATER DRAINAGE. 206

TITLE 9 BUILDING REGULATIONS.. 209

CHAPTER 901 BUILDING CODE. 210

CHAPTER 902 FIRE PREVENTION.. 215

CHAPTER 903 ELECTRICAL CODE. 220

CHAPTER 904 PLAN REVIEW... 221

CHAPTER 905 SWIMMING POOLS. 222

CHAPTER 906 BUILDING MAINTENANCE AND PRESERVATION CODE. 225

TITLE 10 ZONING.. 248

CHAPTER 1001 GENERAL PROVISIONS. 249

CHAPTER 1002 RULES AND DEFINITIONS. 250

CHAPTER 1003 ZONING DISTRICTS AND MAPS. 259

CHAPTER 1004 RESIDENCE DISTRICTS. 262

CHAPTER 1005 BUSINESS DISTRICTS. 279

CHAPTER 1006 SHOPPING CENTER DISTRICTS. 291

CHAPTER 1007 INDUSTRIAL DISTRICTS. 296

CHAPTER 1008 PLANNED UNIT DEVELOPMENTS. 303

CHAPTER 1009 SIGN REGULATIONS. 309

CHAPTER 1010 DESIGN STANDARD REGULATIONS. 316

CHAPTER 1011 NONCONFORMING USES. 322

CHAPTER 1012 GENERAL REQUIREMENTS. 323

CHAPTER 1013 CONDITIONAL USE PERMITS; VARIANCES. 328

CHAPTER 1014 ADMINISTRATION.. 332

CHAPTER 1015 AMENDMENTS. 334

CHAPTER 1016 SHORELAND, WETLAND AND STORM WATER MANAGEMENT.. 336

CHAPTER 1017 EROSION AND SEDIMENTATION CONTROL. 356

CHAPTER 1018 Parking Requirements within the City of Roseville. 361

CHAPTER 1019 SEXUALLY ORIENTED USES. 374

TITLE 11 SUBDIVISIONS.. 376

CHAPTER 1101 GENERAL PROVISIONS. 377

CHAPTER 1102 PLAT PROCEDURES. 379

CHAPTER 1103 DESIGN STANDARDS. 385

CHAPTER 1104 ADMINISTRATION AND ENFORCEMENT.. 389

TITLE 12 FRANCHISES AND COMMUNICATIONS SYSTEMS.. 391

CHAPTER 1201 ELECTRICAL FRANCHISE. 392

CHAPTER 1202 GAS FRANCHISE. 393

CHAPTER 1203 CABLE COMMUNICATIONS FRANCHISE. 394

CHAPTER 1204 WIRELESS COMMUNICATIONS SYSTEM FRANCHISE. 395

CHAPTER 1205 WIRELESS COMMUNICATIONS SYSTEM PERMIT.. 396

CHAPTER 1206 PRIVATE COMMUNICATIONS SYSTEM... 397

CHAPTER 1207 Non Exclusive Transit Stop Shelter Franchise. 403

SUPPLEMENTS.. 411

 

 

ADOPTING ORDINANCE

ORDINANCE NO. 1160

AN ORDINANCE ADOPTING
THE CITY CODE OF ROSEVILLE, MINNESOTA

BE IT ORDAINED by the Mayor and City Council of the City of Roseville, Minnesota, a Minnesota Municipal Corporation:

I.

Section 1.010.   Adoption of Code.

Section 1:  From and after the date of passage of this Ordinance, the City Code of the City of Roseville, Minnesota prepared by Sterling Codifiers, Inc., containing the compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the Mayor and City Council of the City, shall be accepted in all courts as the Official Code and Law of the City as enacted by the Mayor and City Council.

Section 2:  There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with a continuous supplement service, whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the Official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, three (3) copies of which shall be maintained in the office of the City Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open.

Section 3:  All ordinances of a general nature included in this Official City Code shall be considered as a continuation of said ordinance provision and the fact that some provisions have been deliberately eliminated by the Mayor and City Council shall not serve to cause any interruption in the continuous effectiveness of ordinances included in said Official City Code. All ordinances of a special nature, such as, but not limited to, tax levy ordinances, bond ordinances, franchises, zoning code amendments, vacating ordinances and annexation ordinances shall continue in full force and effect unless specifically repealed or amended by a provision of the City Code. Such ordinances are not intended to be included in the Official City Code.

Section 4:  It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.

Section 5:  All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed.

 

II.

This Ordinance and the Code adopted by the same shall be in full force and effect from and after its passage and approval in accordance with law, as printed and published in book form.

PASSED by the City Council of the City of Roseville this 8th day of May, 1995.


 

 

 

 

 

TITLE 1
ADMINISTRATION


CHAPTER 101
OFFICIAL CITY CODE

SECTION:

101.01:        Title

101.02:        Acceptance

101.03:        Amendments

101.04:        Code Alterations

101.05:        Court Proceedings

101.06:        Severability Clause

101.07:        Construction of Words

101.01: TITLE:

Upon adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official City Code of Roseville. This City Code of ordinances shall be known and cited as the ROSEVILLE CITY CODE and is hereby published by authority of the City Council and shall be supplemented to incorporate the most recent legislation of the City as provided in Section 101.04 of this Chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this City Code by title in any legal documents. (1995 Code)

101.02: ACCEPTANCE:

The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect. (1995 Code)

101.03: AMENDMENTS:

Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, and said ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code. (1995 Code)

101.04: CODE ALTERATIONS:

It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this City Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the City Council. The City Manager shall see that the replacement pages are properly inserted in the official copies maintained in the office of the City Manager. (1995 Code)

101.05: COURT PROCEEDINGS:

A.    Violations of Former Ordinances: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not. Any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect shall be governed by the former ordinance. Proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

B.    Application of Provisions: This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

C.    Effect of Provisions: Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed. The provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provisions. This Chapter shall not be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person or as waiving any right of the City under any ordinance or provision in force at the time of the adoption of this City Code. (1995 Code)

101.06: SEVERABILITY CLAUSE:

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this City Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1995 Code)

101.07: CONSTRUCTION OF WORDS:

A.    Rules of Construction: When interpreting this Code, the following rules of construction shall be applied, except where the application of any rule of construction would result in an interpretation clearly contrary to the plain intent of a provision or of any section or chapter in which a given provision appears. The rules are as follows:

1. Common Usage: All words and phrases used in this Code shall be interpreted and understood in accordance with the common and acceptable usage, but any technical words and phrases, or such others which have acquired a specific or peculiar meaning, shall be interpreted and understood in accordance with such technical, specific or peculiar meaning.

2. Gender; Singular and Plural: If any word in this Code expresses male or female gender, it shall be extended to and shall be applied to both genders and every word expressing the plural number shall extend to and be applied to one person or thing as well as several persons or things.

3. Tenses: The use of any verb in the present tense shall include the future when applicable and the use of any verb in the future tense shall include the present when applicable.

B.    Application of Minnesota Statutes: In addition to the rules of construction contained in subdivision A hereof, the rules and canons of construction, presumptions and miscellaneous provisions pertaining to construction contained in Minnesota Statutes chapter 645 governing statutory construction are hereby adopted by reference and made a part hereof as if fully set forth herein. All references contained in these statutory provisions to laws and statutes shall be construed to apply and refer to the provisions of this Code and all references to the legislature shall be construed to apply to the City Council or appropriate governing body.

C.    Changes for Clarification: The word "ordinance" contained in the ordinances of the City has been changed in the content of this City Code to "Title", "Chapter", "Section" and/or "subdivision" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances. (1995 Code)


 

CHAPTER 102
GENERAL PENALTY

SECTION:

102.01         General Penalty

102.02         Issuance of Ordinance Violation Summons

102.01: GENERAL PENALTY:

A.    General Offense: Unless otherwise provided, any person violating any provision of the City Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed seven hundred dollars ($700.00), or by imprisonment not to exceed ninety (90) days, or both, or any different amounts adopted by statute. In either case the costs of prosecution may be added[1]. (Ord. 1067, 9-25-89; amd. 1995 Code)

B.    Petty Offense: A petty offense is an offense which is prohibited by statute which does not constitute a crime and is classified as a petty misdemeanor for which a sentence of a fine of not more than two hundred dollars ($200.00) or any different amounts adopted by statute may be imposed[2]. (1995 Code)

C.    Administrative Offense:

1. Purpose: Administrative offense procedures established pursuant to this Section are intended to provide the public and the City with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring criminal charges in accordance with law. Likewise, the City, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.

2. Administrative Offense Defined: An administrative offense is a violation of a provision of this Code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in subsection 9, hereafter.

3. Notice: Any officer of the Police Department or any other person employed by the City, authorized in writing by the City Manager, and having authority to enforce this Code, shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of violation, the name of the official issuing the notice and the amount of the scheduled penalty.

4. Payment: Once such notice is given, the alleged violator may, within seven (7) days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request a hearing in writing, as is provided for hereafter. The penalty may be paid in person or by mail and payment shall be deemed to be an admission of the violation.

5. Hearing: Any person contesting an administrative offense pursuant to this Section may, within seven (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed.

6. Hearing Officer: A City employee designated in writing by the City Manager shall be the hearing officer. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this Section.

7. Failure to Pay: In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes. If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the City for the same violation.

8. Disposition of Penalties: All penalties collected pursuant to this Section shall be paid to the City Treasurer and may be deposited in the City's general fund.

9. Offenses and Penalties: Offenses which may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. Copies of such resolutions shall be maintained in the office of the City Manager.

10. Subsequent Offenses: In the event a party is charged with a subsequent administrative offense within a twelve (12) month period of paying an administrative penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by twenty five percent (25%) above the previous administrative penalty. (Ord. 1134, 1-24-94)

102.02: ISSUANCE OF ORDINANCE VIOLATION SUMMONS:

The persons hereinafter named, as employees or agents of the City, shall have power to issue summons with complaints incorporated therein (citations) in the form adopted by rule by the Municipal Court, but such issuance by those named shall relate only to offenses involving the City Code; building construction, operation or maintenance; fire and fire prevention; public health and sanitation; and zoning. No such employee or agent hereinafter authorized to issue said summons shall be authorized to arrest or otherwise take a violator into custody or to secure a promise to appear in court in lieu of arrest. Those authorized are as follows:

Fire Marshal

Fire Inspector

Director of Public Works

Chief Code Enforcement Officer

Code Enforcement Officer

Electrical Inspector

Reserve Police Officer

Community Service Officer

Director of Community Development

Other employees or agents of the City specifically designated, in writing, by the City Manager shall also have such authority. (Ord. 1019, 8-10-87; amd. 1995 Code)


 

CHAPTER 103
CITY OFFICIALS

SECTION:

 

103.01:        City Election

103.015       Campaign Contribution Reporting

103.02:        Mayor and City Council Terms

103.03:        Mayor and City Council Compensation

103.04:        City Clerk

103.05:        City Manager Purchasing Authority

103.06:        Filling a Council Vacancy

 

103.01: CITY ELECTION:

A.    Election Date Fixed: The city general election shall be held on the first Tuesday after the first Monday in November of each even numbered year, beginning with the 2006 election. (Ord. 1264, 6-3-2002)

B.    Primary Election Date: Whenever there are candidates for election to municipal office in excess of two (2) for the office of mayor or in excess of two (2) for each office of council member, then a municipal primary election shall be held for such office or offices on the first Tuesday after the second Monday in September prior to the general election date. (Ord. 1158, 3-27-1995)

103.015: CAMPAIGN CONTRIBUTION REPORTING:

A.        A candidate for election to a City office must file a report with the City Clerk that includes the name of the candidate, the name and address of the person responsible for filing the report; and:

1.   States the name, address and employer, or occupation if self-employed, of any individual, and the name and address of any committee, or organization, which within the previous one year period has made one or more contributions that in the aggregate are greater than $50, and the amount and date of each contribution; or

2.   States that within the previous one year period no individual, committee, or organization has made one or more contributions that in the aggregate are greater than $50.

B.        The report required under this section must be filed:

1.   Ten days before a primary, general, or special election; and

2.   Thirty days after a general or special election, regardless of whether the candidate won or lost in the primary election.

C.        A candidate that intentionally fails to file the report as required in this section is guilty of a misdemeanor.  When a candidate fails to file the report by the day it is due, the City Clerk shall immediately notify that candidate of the failure to file.  If the report is not filed within five business days of the date the notice is mailed, the City Clerk shall immediately notify the City Attorney of the alleged violation of this section.

D.        For the purposes of this section, the term “contribution” has the meaning given it in the state statutes constituting the Minnesota Election Law.

(Ord. 1312, 12-6-2004)

 

103.02: MAYOR AND CITY COUNCIL TERMS:

A.    Terms: The term of office for mayor and council members shall be four (4) years.

B.    Transition Provisions: The terms of the mayor and council member who will be elected at the 2003 city election shall end the first business day of January 2007 and those offices will be filled at the 2006 city election. The term of the council member elected at the 2005 election with the most votes shall end on the first business day of January 2011 and that office shall be filled at the 2010 city election, and the terms of the two (2) council members elected at the 2005 election with the second and third most votes shall end the first business day of January 2009 and those offices will be filled at the 2008 city election. (Ord. 1264, 6-3-2002)

103.03: MAYOR AND CITY COUNCIL COMPENSATION:

The Mayor and members of the City Council shall receive a stipend for their service to the city as follows:

 

Effective January 1, 2000, until December 31, 2001:

            Mayor                          $750.00 per month

            Council members          570.00 per month

 

Effective January 1, 2002, and thereafter:

            Mayor                          $775.00 per month

            Council members          585.00 per month

This stipend offsets any local expenses incurred by elected officials in the course of their duties. (Ord. 1227, 7-12-1999)

103.04: CITY CLERK:

The city manager shall act as and perform all duties of the city clerk and the office of the city clerk as set forth in chapter 412 of Minnesota statutes. In the absence of the city manager, the assistant city manager shall perform all of the duties of the city clerk. (Ord. 437, 9-14-1964; amd. 1995 Code)

103.05: CITY MANAGER PURCHASING AUTHORITY:

The manager shall be the chief purchasing agent of the city. All purchases for the city and all contracts shall be made or let by the manager when the amount of the purchase or contract does not exceed five thousand dollars ($5,000.00) but all claims resulting therefrom shall be audited and approved by the council as provided by law. (Ord. 1261, 4-15-2002)

 

103.06:  FILLING A COUNCIL VACANCY

 

A.   Appointment: The Council shall appoint an eligible person to fill a vacancy on the City Council as soon as is practicable after the vacancy occurs.  The person appointed shall serve for the unexpired portion of the term unless a special election is required hereunder or by state law.   

B.    Special Election:  A special election shall be held to fill a vacancy on the City Council created when a councilmember is elected to, and assumes, an incompatible office, if more than six (6) months remains in the unexpired term and the vacancy occurs more than six (6) months before the next regular city election.  This special election shall be held as soon after the vacancy is declared as is practical under state law.  No special primary election shall occur in cases of special elections held pursuant to this section. 

(Ord. 1299, 11-23-2003)

 


 

CHAPTER 104
PERSONNEL POLICY

 

SECTION:

 

104.01:        Purpose and Scope; Personnel Appointments

104.02:        Promotions and Separations (Rep. by Ord. 1230, 8-23-1999)

104.03:        Benefits

104.04:        Compensation

104.05:        Miscellaneous Regulations

104.01: PURPOSE AND SCOPE; PERSONNEL APPOINTMENTS:

A.    Purpose: It shall be the purpose of this chapter to establish a uniform and equitable system of personnel administration for employees of the city. This chapter may be referred to as the PERSONNEL ORDINANCE. The City Council has the sole authority to change any of the provisions of this chapter. The city manager has the sole authority to interpret and implement the provisions of this chapter. The city reserves the right to amend, modify or repeal any provision of this chapter without prior notice to any employee who might be covered by it. (Ord. 1135, 2-14-1994)

B.    Employees Covered: This chapter shall establish the employment relationship of all city employees except the following:

1. All elected officials and members of boards and commissions;

2. City manager and city attorney; and

3. Persons hired to provide services for the city on a contractual basis. (Ord. 1231, 11-8-1999)

C.    Provisions Superseded in Certain Cases: The provisions of this chapter shall be superseded in the following cases:

1. Any employee included in a collective bargaining agreement, entered into in accordance with the Public Employment Labor Relations Act (MSA sections 1798.01 to 1798.25), shall be exempt from any sections of this chapter which are governed by a collective bargaining agreement.

2. Nothing in this chapter shall be effective to the extent that it is inconsistent with the "Veterans Preference Law", chapter 197, Minnesota Statutes.

3. Nothing in this chapter shall be effective to the extent that it is inconsistent with the rules of the Roseville police civil service commission or with chapter 419, Minnesota Statutes, "Police Civil Service Commissions". (Ord. 1135, 2-14-1994)

D.    Definitions:  As used in this chapter, the following words and terms shall have the meanings ascribed to them in this subsection:

CITY MANAGER: The city manager appointed by the City Council or the person designated by the manager to act in that capacity in a given situation.

PAID TIME OFF: Compensated leave which combines traditional vacation and sick leave into one bank of available time off.  (Ord. 1339, 6-20-2006)

PART-TIME FIREFIGHTERS: Positions in this category typically work less than twenty (20) hours per week for the Roseville fire department. Part-time firefighters are not eligible for benefits except where specifically noted.

REGULAR FULL-TIME: A position that is regularly scheduled for a forty (40) hour week. Regular full-time positions are approved by the City Council and generally are expected to continue for more than one year. Employees that hold regular full-time positions are eligible for benefits and paid leave.

REGULAR PART-TIME: A position that is regularly scheduled twenty (20) or more hours per week but is not normally scheduled forty (40) hours per week. Regular part-time positions are approved by the City Council and generally continue for more than one year. Regular part-time staff are eligible for partial benefits.

SERVICE CREDIT: The unit used to measure the period of time required for an employee to be eligible for benefits.

SICK BANK: An employee’s accrued and unused sick leave, in excess of 96 hours, as of June 30, 2006, to a maximum of 640 hours. (Ord. 1339, 6-20-2006)

TEMPORARY/INTERMITTENT: Positions in this category meet one of the following definitions:

1. A full-time or part-time position that is anticipated to last less than one year or that has a definite termination date.

2. A part-time position that is scheduled, on average, less than twenty (20) hours per week.

3. A position that has been established as an internship, or as part of another specialized program. (Ord. 1230, 8-23-1999; amd. Ord. 1231, 11-8-1999)

E.    City Manager Authority: The city manager makes all employment-related decisions within the city, including personnel appointments. The city manager is also responsible for providing work direction to staff. The city manager may dismiss, demote, or suspend any employee. (Ord. 1230, 8-23-1999)

F.    Physical Examination: All candidates for municipal service may be required to undergo a physical examination as a condition of employment in conjunction with an offer of employment. The examination shall be conducted by a physician selected by the city manager. All costs of the examination shall be paid by the city.

G.    Background Investigations: The city will conduct a background investigation of an applicant for a position where justified by the job requirements or where allowed or required by state or federal law. This may include investigation of past criminal convictions by the police department or by the bureau of criminal apprehension. (Ord. 1135, 2-14-1994)

H.    Probationary Period: (Rep. by Ord. 1230, 8-23-1999)

I.     Completion of Probationary Period: (Rep. by Ord. 1230, 8-23-1999)

J.     Employment of Relatives: Job applicants who are relatives to current city employees or officials will be considered for employment unless the applicant is related to an elected official or department head. For purposes of this policy, a "relative" is defined as mother, father, son, daughter, brother, sister, grandchild, grandparent, stepchild, stepparent, or legal guardian.

However, relatives of employees will not be employed when a conflict of interest exists. Spouses of employees or elected officials are also excluded from employment, as a bona fide occupational requirement, when a conflict of interest exists. The following list highlights situations that would constitute a conflict of interest:

Where one employee would supervise or have authority to appoint, remove, or discipline a spouse or a relative.

Where one spouse or relative would be responsible for auditing the work of another.

Where a policy level employee of an organization or company is related to a policy level employee or official of the city and there is a contract or agreement between the entities, such that there is a potential appearance of inappropriate influence.

Where confidentiality of the city would be jeopardized.

Promotions or transfers of a spouse or relative, which would result in a conflict of interest, will not be acted upon until the conflict is satisfactorily resolved.

K.   Equal Employment Opportunity:

1. State and Federal Regulations: The city provides equal opportunity to all employees and applicants for employment in accordance with all applicable state and federal laws, directives and regulations.

2. Discrimination: Discrimination based on race, creed, color, national origin, place of residence, disability, marital status, status with regard to public assistance, sex, sexual orientation, veteran status, pregnancy, age or any other class protected by state or federal law is prohibited in all personnel policies, programs and practices.

3. Responsibility of City Manager: The city manager is responsible for implementing this policy. Failure of any city employee to act in a manner consistent with this policy may result in disciplinary action against that employee. (Ord. 1230, 8-23-1999)

104.02: PROMOTIONS AND SEPARATIONS:

(Rep. by Ord. 1230, 8-23-1999)

 

104.03: BENEFITS:

A.    Employee Benefits: Employees hired in regular full-time positions are eligible to receive Paid Time Off, paid holidays and any other benefits which are approved by council resolution. Regular part-time employees who work at least twenty (20) hours per week are eligible for paid holidays on a pro rata basis and any other benefits which are approved by council resolution. 

B.    Service Credit: Service credit for a regular or probationary full-time employee begins on the date of employment and is calculated as follows:

1. Full-Time Employee, Twelve or More Days: A regular or probationary full-time employee who works twelve (12) or more days in a calendar month will receive full service credit for that month.

2. Full-Time Employee, Twelve Or Less Days: A regular or probationary full-time employee who works less than twelve (12) days in any calendar months will not receive service credit for that month unless the time off is covered by approved sick leave, vacation, military leave or family/medical leave.

3. Temporary Employee Transferred to Full-Time: A temporary employee transferred to a regular position will not receive any service credit for service prior to such transfer.

4. Regular Part-Time Employee Transferred to Full-Time: A regular, part-time employee who transfers to a regular full-time position will receive credit for prior service. The prior service will be calculated by multiplying the number of months of prior service by the budgeted full-time equivalent status of the part-time position.

C.    Paid Time Off: Paid Time Off is provided to allow employees equitable leave time for both illness and rest and relaxation. Paid Time Off will be granted to eligible employees according to earned service credit. 

 D.   Legal Holidays Occurring during Paid Leave Period: When a recognized holiday falls on a working day during an employee's Paid Time Off, the day of the holiday will not be counted as a day of Paid Time Off.

E.    Rate of Accumulation of Paid Time Off: Regular full-time employees shall earn Paid Time Off at the following rates:

1.  First Through Fourth Year: Beginning with the initial date of employment through the end of the fourth year of service credit, the employee shall earn 5.538 hours bi-wkly.

2.  Fifth through Fourteenth Year: Beginning with the fifth year of service credit through the end of the fourteenth year of service credit, the employee shall earn 7.077 hours bi-wkly.

3.  Fifteenth Year On: Beginning with the fifteenth year of service credit, the employee shall earn 8.615 hours bi-wkly. 

F.    Paid Time Off on Termination of Employment: An employee who terminates his/her employment shall receive, upon termination, unused Paid Time Off.

G.    Carryover and Disposition of Paid Time Off: Each employee shall be permitted to carry over up to a maximum of 500 hours from one year to the next. Allowable disposition of hours in excess of the maximum may be contributed to deferred compensation accounts or pre-dedicated for use within the first quarter of the following year.

H.    Sick Bank: Eligible employees may utilize the sick leave bank, until the bank is used up or the bank sunsets in 2025, for the following:

1.  Personal illness or injury.

2.  Personal medical or dental appointments.

3.  Illness or injury of a spouse, child, parent or other member of an employee’s household which requires the employee’s care and attention.

4.  Medical or dental appointments of a spouse, child, parent or any other member of an employee’s immediate household which require the employee’s care and attention.

I.     Application of Workers' Compensation Benefits to Paid Time Off or Sick Bank Program: In cases of absence where an employee receives compensation benefits under workers' compensation, the total compensation received from both workers' compensation and Sick Bank, and Paid Time Off shall not exceed the amount of pay normally received. Paid Time Off and/or Sick Bank benefits may be paid in an amount such that the benefits plus the workers' compensation benefits equal the normal pay received. 

J.     Funeral Leave:  In cases of a death in an employee's immediate family, a regular employee's department head may authorize leave benefits for such absences up to a maximum of three (3) days for each occasion. For purposes of this section, "immediate family" includes wife, husband, child, brother, sister, parents, parents-in-law, grandparents, grandparents-in-law, brothers-in-law, sisters-in-law and any other member of an employee’s immediate household. (Ord. 1135, 2-14-1994)

K.   Mandated Leaves: The city will comply with the provisions of any federal or state laws that grant employees leave time, such as the Family and Medical Leave Act. (Ord. 1230, 8-23-1999)

L.    Special Leave: The manager may allow an employee special leave at full pay for attendance at conferences benefiting the municipality. (Ord. 1135, 2-14-1994)

M.   Military Leave of Absence: (Rep. by Ord. 1230, 8-23-1999)

N.   Leave of Absence Without Pay: Upon request of an employee, leave of absence without pay may be granted by the city manager. Such leave of absence shall not exceed a period of twelve (12) weeks and, if applicable, shall be taken simultaneously with any leaves mandated by law, such as the Family and Medical Leave Act. Prior to requesting leave under this section, an employee must first exhaust all accrued Paid Time Off and Sick Bank if leave is due to injury or illness. The leave may be extended beyond twelve (12) weeks to a maximum of one year by the city manager. No Paid Time Off benefits shall accrue during a period of leave of absence without pay. A leave of absence without pay will be considered a break in service for purposes of computing service credit if it exceeds twelve (12) weeks. (Ord. 1230, 8-23-1999)

O.   Official Holiday: The following shall be the official holidays for all employees subject to this chapter:

New Year's Day, January 1.

Martin Luther King, Jr., Birthday, the third Monday in January.

Presidents' Day, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November. Post-Thanksgiving Day, the day following Thanksgiving Day.

One-half (1/2) day (afternoon) Christmas Eve Day, December 24.

Christmas Day, December 25.

One floating holiday annually, to be designated by the city manager.

When New Year's Day, Independence Day, Veterans Day or Christmas Day fall on a Sunday, the following day shall be a holiday.

When New Year's Day, Independence Day, Veterans Day, or Christmas Day fall on a Saturday, the preceding day shall be a holiday.

When Christmas Eve Day falls on a Saturday or a Sunday, the one-half (1/2) day will be taken on the preceding Friday afternoon. (Ord. 1135, 2-14-1994)

P.    Severance Pay: Severance pay shall be paid to the following city employees who terminate their employment:

1. Retirement: Regular, full-time employees who meet the eligibility requirements for receipt of a pension pursuant to the public employee retirement association statute, Minnesota Statutes chapter 353, with ten (10) or more years of service with the city who terminate their employment because of retirement.

2. Reduction of City Employment or Change in Municipal Operations: Regular, full-time employees with ten (10) or more years of service with the city who terminate their employment because of reduction of city employment or changes in city operations.

3. Death of Employee: Regular, full-time employees, with ten (10) or more years of service with the city, who die before they terminate their employment shall have severance pay as calculated in this section paid to their named beneficiary or their estate if they fail to name a living beneficiary.

The severance pay shall be in an amount Paid Time Off plus 50% of accumulated Sick Bank hours, but in no event shall such payment of Sick Bank hours exceed the equivalent of three hundred twenty (320) hours at the employee's wage rate at the time of such separation. (Ord. 1230, 8-23-1999)

Q.   Part-Time Firefighters: The members of the fire department shall organize themselves into a firefighter's relief association. The City Council shall establish by resolution pension and funeral benefits for part-time firefighters. (Ord. 1231, 11-8-1999)

(Ord. 1339, 6-20-2006)

104.04: COMPENSATION:

A.    Rates of Pay: The City Council shall, by resolution, establish and, from time to time, revise a position classification and pay plan.

B.    Payday: All regular employees shall be paid on the day set by resolution of the council.

C.    Payroll Deductions: Automatic payroll deductions shall be made as required for federal and state government taxes and the various pension plans. Employees may elect to have payroll deductions made for a city employee group insurance or flexible benefit plan, a deferred compensation account, United States savings bonds, charity drive contributions, bank and credit union accounts and union dues. (Ord. 1135, 2-14-1994)

D.    Overtime Pay: Employees who are eligible for overtime under the guidelines of the Fair Labor Standards Act (FLSA) will be compensated at the rate of time and one-half (1/2) for all hours worked in excess of forty (40) hours per week. This compensation will take the form of either time and one-half (1/2) pay or, where permitted by the Fair Labor Standards Act, compensatory time. Compensatory time is paid time off at the rate of one and one-half (1 1/2) hours off for each hour of overtime worked. (Ord. 1230, 8-23-1999)

E.    Resignation: When an employee resigns, he/she shall receive pay for any accrued unused Paid Time Off. No payment shall be made for unused sick bank leave benefits.  (Ord. 1339, 6-20-2006)

F.    Indebtedness to The City: If any employee owes any money or leave time to the city at the time of his/her termination, his/her final pay will be applied against this amount in whatever amount necessary to pay it off. A receipt shall be given to the employee for the amount applied against the debt. (Ord. 1135, 2-14-1994)

104.05: MISCELLANEOUS REGULATIONS:

A.    Travel Expenses: When traveling on city business, an employee will be reimbursed for his/her travel expenses. In order to receive such reimbursement, the employee shall, immediately upon return to work, fill out and submit the appropriate claims form.

B.    Car Expenses: An employee required to use his/her personal automobile on city business shall be reimbursed at the rate currently permitted by the Internal Revenue Service for allowable travel expense purposes.

Claims for mileage shall designate date of travel, purpose of travel and miles traveled. Certain employees designated by the city manager may receive a vehicle allowance in lieu of reimbursement for expenses.

C.    City Tools and Equipment: City tools and equipment shall not be used for anything other than city purposes unless approved by the council.

D.    Outside Employment: An employee's activities outside working hours must not interfere with the performance of the employee's job with the city. An employee must have the approval of his/her department head before obtaining outside employment. An employee must notify his/her department head of the outside employer's name and address, the hours of his/her work and a description of duties.

E.    Political Activity: No city employee shall directly or indirectly:

1. During his/her hours of employment, solicit or receive political funds.

2. At any time use his/her authority or official influence to compel any employee:

a. to apply for membership in or to become a member of a political organization.

b. to pay or promise to pay any assessment, subscription or political contribution.

c. to take part in any political activity. (Ord. 1153, 9-26-1994)

F.    Layoffs: When necessary due to reorganization or budgetary constraints, layoffs of regular full-time and part-time employees may occur. The city manager will decide which job classes within a department are subject to layoff. Within a department and job class, the city manager will consider job performance, qualifications and length of service to determine which employee(s) will be affected by the layoff. (Ord. 1230, 8-23-1999)

G.    Conflict of Interest: It is expected that every employee shall exercise good judgment in avoiding becoming involved with conflicting outside business interests. These include, but are not limited to, the following:

1. Those in which an employee has financial interest in, or receives benefits from, a business in which he/she occupies a position which may enable him/her to influence the placing of city business either inside or outside the city government.

2. Those in which an employee accepts full-time or part-time work elsewhere, where such activity interferes with their duties and job performance at the city.

3. Those in which an employee may gain access to information not generally available to the public which may allow him/her to directly or indirectly gain anything of value.

H.    Endorsement of Products or Services: No employees of the city will endorse any product or service offered by a private business, which will ultimately be used in sale or advertising promotions. This includes statements of interpretation about the product or service or the providing of information in such a manner which implies endorsement.

I.     Acceptance of Gratuities: Minnesota Statutes section 471.895, prohibiting the giving of gifts by interested persons and the receipt of such gifts by public officials is hereby adopted by reference. (Ord. 1153, 9-26-1994)

J.     Smoking Policy: Smoking is not permitted in any city building or city vehicle. Smoking includes carrying a lighted cigarette, cigar or pipe. This policy is in compliance with requirements of the Minnesota Clean Indoor Air Act.

K.   Harassment: The harassment of any employee of the city by any other employee or nonemployee is prohibited. The city will not tolerate the harassment of any of its employees and will take immediate, positive steps to stop it when it occurs. The city manager shall establish and administer a detailed policy prohibiting harassment, including specific measures which will be taken when harassment occurs.  (Ord. 1339, 6-20-2006)

L.    Alcohol and  Other Drug Use: City employees are prohibited from manufacturing, distributing, dispensing, using or possessing alcoholic beverages and controlled substances while on city-owned or operated facilities, or in city vehicles or while working in their official capacities. Employees who violate this policy are subject to disciplinary action, including suspension or dismissal and, in certain circumstances, to legal prosecution. (Ord. 1135, 2-14-1994)

M.  Criminal History and Driving Record Background Checks.

1. The City of Roseville Police Department is authorized to conduct a criminal history and driving record background investigation on any applicant who is a finalist for a paid or volunteer position with the City of Roseville.  All finalist applicants must provide the City of Roseville with written authorization to investigate the applicant’s criminal history and driving record, and provide the results to the City Manager or designee.  Any finalist applicant who does not grant the City written authorization to investigate the applicant’s criminal history and driving record will not be considered for the position

2. Pursuant to Minn. Stat. § 364.05, if the applicant is denied employment based on the findings of the criminal history and driving record background investigation, the City shall inform the applicant in writing of the following:

a. The grounds and reasons for the denial or disqualification;

b. The opportunity to request reconsideration of the City’s decision and to provide the City with competent evidence of rehabilitation and present fitness for the position within five days of the notice of denial;

c. The applicable complaint and grievance procedure as set forth in section Minn. Stat. § 364.06;

d. The earliest date the person may reapply for a position with the City; and

e. That all competent evidence of rehabilitation will be considered upon reapplication.

3. This section shall apply to all positions of the City, including those represented by a bargaining unit, full-time, part-time and seasonal, and volunteer (as determined appropriate by the City).  Paragraph 2 of this section does not apply to those positions listed as exceptions under Minn. Stat. § 364.09.

4. The City of Roseville Police Department is authorized to contract with other entities, individuals or corporations to conduct criminal history and driving record background checks.  The City’s authority to conduct such background checks is subject to any requirements in state law relating to background checks for specific types of applicants.

5.  The City of Roseville Police Department is authorized to conduct criminal history background checks on license applicants as required by City Code and/or State law.

(Ord. 1295, 9-15-2003)


 

CHAPTER 105
INDEMNIFICATION

SECTION:

 

105.01:        Definitions

105.02:        City Indemnification

105.03:        Types of Claims

105.04:        Amount

105.05:        Immunity

105.06:        Insurance

105.07:        Exceptions

105.08:        Interference

105.01: DEFINITIONS:

For the purpose of this chapter, the following definitions are stated:

COMMISSION MEMBERS: All persons serving on a commission established by the City Council or by state law as a part of city government including, but not limited to, the planning commission, civil service commission, human rights commission, public works and transportation commission and parks and recreation commission. This also includes any member of a commission or other entity appointed or approved by the City Council, pursuant to a joint powers agreement with other governmental bodies.

EMPLOYEES: All employees of the city including part time employees and volunteers working under the direct supervision of a city employee. (Ord. 1269, 9-23-2002)

105.02: CITY INDEMNIFICATION:

In accordance with applicable state statutes, the city will defend, insure, and indemnify all employees, officers, commission members and City Council members of the city against losses sustained by liability claims for damages resulting from their torts, including those which the city claims immunity, which arise out of their conduct in the course of and scope of their employment or official actions.

The city will provide defense or reimburse legal fees of its appointed and elected officials in proceedings which may be related to their service as city officials, including any legal action taken to enforce this chapter, to the same extent and in accord with the state statutory provisions applicable to nonprofit corporations[3]. Issues or disputes regarding eligibility, or the scope of coverage under this section shall be made by those members of the City Council disinterested in the proceeding, or upon the request of any council member by a special committee established by the City Council upon the recommendation of the city attorney. (Ord. 1269, 9-23-2002)

105.03: TYPES OF CLAIMS:

The indemnification and insurance set forth in section 105.02 of this chapter includes claims arising out of accidents, occurrences, acts or omissions, or to reimburse any elected official who takes legal action against the city or its employees or officials for failure to provide public information to an elected official, or where the public information is provided in a discriminatory manner. (Ord. 1269, 9-23-2002)

105.04: AMOUNT:

The indemnification of section 105.02 of this chapter applies regardless of the amount of the claim, even if claims are in excess of limits set by Minnesota law. (Ord. 1269, 9-23-2002)

105.05: IMMUNITY:

By adoption of this chapter, the city does not waive any limit or immunity from liability established by Minnesota law, and reserves the right to assert such limits or immunity in defending any person pursuant to this chapter. (Ord. 1269, 9-23-2002)

105.06: INSURANCE:

The City Council will have sole discretion to purchase insurance or self-insure for the protection of the persons covered by this chapter. (Ord. 1269, 9-23-2002)

105.07: EXCEPTIONS:

The insurance and indemnification established by this chapter shall not apply to the following acts or conduct:

A.    Action or conduct beyond the scope of a person's employment or responsibility.

B.    Intentional acts which violate any of the following: criminal statutes, ordinances or regulations of the United States, the state of Minnesota or the city except as allowed pursuant to Minnesota statutes 317A.521 and 465.76.

C.    Intentional acts which violate an established city policy as set forth by the city manager or City Council. (Ord. 1269, 9-23-2002)

105.08: INTERFERENCE:

It shall be a violation of this code, punishable by misdemeanor prosecution, for any employee or elected official to interfere with the indemnification or reimbursement process. (Ord. 1269, 9-23-2002)


 

CHAPTER 106
CITY DEPARTMENTS

SECTION:

 

106.01:        City Manager

106.02:        Departments

106.03:        Administration

106.04:        Community Development

106.05:        Finance

106.06:        Fire

106.07:        Parks and Recreation

106.08:        Police

106.09:        Public Works

106.01: CITY MANAGER:

All departments and personnel of the city shall be subject to the control and direction of a city manager, who shall be appointed by the council in accordance with state law. The city manager shall be responsible to the council for the proper administration of all matters relating to the city and shall have the powers and duties specified in state law and as delegated by ordinance, resolution or other action of the council. (Ord. 1268, 9-23-2002)

106.02: DEPARTMENTS:

The city shall have the following departments:

            Administration

            Community Development

            Finance

            Fire

            Parks and Recreation

            Police

            Public Works

(Ord. 1268, 9-23-2002)

106.03: ADMINISTRATION:

The administration department shall include the city manager, assistant city manager, city clerk, and other personnel. The administration department is responsible for management, human resources, election administration, and communications activities. The manager shall be responsible for the performance of all duties assigned by law to the city clerk. (Ord. 1268, 9-23-2002)

106.04: COMMUNITY DEVELOPMENT:

The community development department shall be under the direction of the city manager and community development director and is responsible for community planning, land use, economic development, housing, building code and related programs. (Ord. 1268, 9-23-2002)

106.05: FINANCE:

The finance department shall be under the direction of the city manager and finance director and is responsible for budget, investment, accounting, and other financial services. The finance director shall serve as treasurer for the city, in addition to other assigned duties. (Ord. 1268, 9-23-2002)

106.06: FIRE[4]:

There is established a fire department consisting of a fire chief to be appointed by the city manager and other subordinate officers and personnel as determined. The department shall be responsible for the provision of emergency services including prevention and suppression of fires, the protection of life and property against fire, natural disasters, and other events. The fire department shall also be responsible for administration of the state fire code. The members of the fire department may organize themselves into a Firefighters Relief Association. (Ord. 1268, 9-23-2002)

106.07: PARKS AND RECREATION:

The department of parks and recreation shall be under the direction of the city manager and parks and recreation director and is responsible for management and operations of the city's park and recreation facilities and programs. (Ord. 1268, 9-23-2002)

106.08: POLICE:

The police department shall be under the direction of the police chief who shall be responsible to and under the direct supervision of the city manager. The police department is responsible for the preservation of public peace and order, the prevention and detection of crime, the apprehension of offenders, the protection of persons and property and the enforcement of state laws and city ordinances, and the rendering of emergency services. (Ord. 1268, 9-23-2002)

106.09: PUBLIC WORKS:

The public works department shall be under the direction of the city manager and public works director, and is responsible for the design, construction and maintenance of public facilities, the provision of utility services, and operation and maintenance of city vehicles. (Ord. 1268, 9-23-2002)


 

CHAPTER 107
EMERGENCY MANAGEMENT

 

SECTION:

 

107.01:        Establishment

107.02:        Coordination with Other Agencies

107.03:        Personnel

107.04:        Director of Emergency Management

107.05:        Recruitment and Training

107.01: ESTABLISHMENT:

The Department of Emergency Management is hereby established pursuant to the requirements of chapter 12, Minnesota Statutes, to provide for the exercise of necessary powers during emergencies for the purposes set forth in chapter 12. (1995 Code)

107.02: COORDINATION WITH OTHER AGENCIES:

The Emergency Management functions of the City shall be coordinated to the extent practicable with comparable functions of the Federal, State and other local governments as well as private agencies. (1995 Code)

107.03: PERSONNEL:

Emergency Management personnel shall consist of personnel employed by the City and any other volunteer or paid member of the local Emergency Management Department engaged in carrying on emergency management functions in accordance with the provisions of this Chapter. (1995 Code)

107.04: DIRECTOR OF EMERGENCY MANAGEMENT:

The Emergency Management Department shall be under the supervision and control of the Director of Emergency Management, who shall be appointed by the Mayor for an indefinite period and who may be removed by the Mayor at any time. The Director shall have direct responsibility for the administration of the Emergency Management Department. (1995 Code)

107.05: RECRUITMENT AND TRAINING:

In cooperation with existing departments and agencies, the Director shall organize, recruit and train personnel that may be required on a volunteer basis to carry out the emergency management plan of the City. The Director may dismiss any emergency management volunteer at any time and require him/her to surrender any equipment and identification device furnished by the City. (1995 Code)


 

CHAPTER 108
PUBLIC HEARINGS

 

SECTION:

 

108.01:        Procedure for Conducting Certain Public Hearings

108.01: PROCEDURE FOR CONDUCTING CERTAIN PUBLIC HEARINGS:

A.    Hearings: When a public hearing involving the Comprehensive Plan, zoning or subdivision regulations is required by this Code or by a Minnesota statute, the Planning Commission shall hold the public hearing. All parties interested shall be given an opportunity to be heard. The Planning Commission, after citing the reason, may request the City Council to extend the review period for up to sixty (60) days.

B.    Notice: Notice of the time and place of such hearing shall be published in the designated legal newspaper no less than ten (10) nor more than thirty (30) days prior to the hearing.

In the event the hearing involves a particular parcel of land, mailed notice shall be given by the City to the owner and to each of the property owners within three hundred fifty feet (3509) of the outside boundaries of the parcel and to the State, County, and Federal agencies, if applicable. Failure to mail notice or the failure of the property owners to receive the notice shall not invalidate the proceedings.

C.    Council Hearings: The City Council shall hold further hearings using the notice procedure in subsection B of this Section only in the event that such hearings are required by other sections of this Code, by State statute, or because the Planning Commission has failed to hold the required hearing or make a recommendation. If not previously done in response to a Planning Commission request, the City Council may extend the review period for up to sixty (60) days. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or action of the City Council. (Ord. 1175A, 11-25-1996)


 

 

 

 

 

TITLE 2
COMMISSIONS


CHAPTER 201
PLANNING COMMISSION

 

SECTION:

 

201.01:        Establishment

201.02:        Composition

201.03:        Members of Commission

201.04:        Organization

201.05:        Meetings; Reports

201.06:        Preparation of Comprehensive Plan

201.07:        Procedure for Adoption of City Comprehensive Plan

201.08:        Adoption of City Comprehensive Plan by City Council

201.09:        Means of Executing Plan

201:10:         Zoning Code and City Comprehensive Plan

201.01: ESTABLISHMENT:

A City Planning Commission for the City is hereby established. The Planning Commission shall be the City planning agency and shall have the powers and duties given such agencies generally by Minnesota Statutes, sections 462.351 through 462.364, as amended, and as conferred upon it by this Chapter. (Ord. 194, 4-19-1955; 1995 Code)

201.02: COMPOSITION:

The Planning Commission shall consist of seven (7) members appointed by the City Council, and may be removed by a four-fifths (4/5) vote of the City Council. One of the seven (7) members appointed by the City Council may be a member of the City Council. (Ord. 194, 4-19-1955; 1995 Code)

201.03: MEMBERS OF COMMISSION:

A.    Members: Members shall be residents of the City.

B.    Term of Appointment: of the members of the Commission first appointed, two (2) shall be appointed for the term of one year, two (2) for the term of two (2) years, two (2) for the term of three (3) years, and one for the term of four (4) years. Their successors shall be appointed for terms of three (3) years. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. (Ord. 1313, 12-6-2004)

C.    Vacancies: Vacancies during the term shall be filled by the City Council for the unexpired portion of the term.

D.    Oath: Every appointed member shall, before entering upon the discharge of his/her duties, take an oath that he/she will faithfully discharge the duties of his/her office.

E.    Compensation: All members shall serve without compensation. (Ord. 194, 4-19-1955; 1995 Code)

 

 

201.04: ORGANIZATION:

A.    Officers: The Planning Commission shall elect one of the members to act as chairperson. The Community Development Director or designee shall act as the Planning Commission's secretary.

B.    Term: The term of the chairperson shall be for one year. The chairperson shall be elected by the Planning Commission at the last regular Planning Commission meeting of March, effective April 1, during each calendar year.

C.    Additional Officers and Committees: The Planning Commission may elect such other officers as may be necessary and may give the chairperson authority to appoint committees if such appointments should become necessary. (Ord. 194, 4-19-1955; 1995 Code)

(Ord,1316, 3/28/2005)

201.05: MEETINGS; REPORTS:

The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. (Ord. 194, 4-19-1955; 1995 Code)

201.06: PREPARATION OF COMPREHENSIVE PLAN:

It shall be the function and duty of the Planning Commission to prepare and recommend a comprehensive City plan for the development of the City, including proposed public buildings, street arrangements, public utility services, parks, playgrounds and other similar developments, the use of property, the density of population and other matters relating to the development of the City. Such plan may be prepared in sections, each of which shall relate to a major subject of the plan, as outlined in the Commission's program of work. (Ord. 194, 4-19-1955; 1995 Code)

201.07: PROCEDURE FOR ADOPTION OF CITY COMPREHENSIVE PLAN:

The Planning Commission may, at any time, recommend to the City Council, the adoption of the City Comprehensive Plan, any section of it or any substantial amendment thereof. Before making such recommendation to the City Council, the Planning Commission shall hold at least one public hearing, as provided for in Chapter 108 of this Code. The recommendation by the Planning Commission to the City Council shall be by a resolution of the Commission, approved by the affirmative votes of not less than five-sevenths (5/7) of its total membership. The Commission may from time to time recommend minor amendments to the City Comprehensive Plan or any section thereof without the public hearing mentioned herein providing that a majority of its members are of the opinion that such hearing is not necessary or in the public interest. (Ord. 1175A, 11-25-1996)

201.08: ADOPTION OF CITY COMPREHENSIVE PLAN BY CITY COUNCIL:

Upon receiving a recommendation from the Planning Commission for the establishment or amendment of a plan, the City Council shall follow procedure as set forth in Chapter 108 of this Code. The City Council may adopt such plan or amendments by a majority vote of its members or by a larger majority if required by statute. (Ord. 1175A, 11-25-1996)

 

201.09: MEANS OF EXECUTING PLAN:

Upon the adoption of the City Plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the City Council reasonable and practicable means for putting into effect such Plan or section thereof in order that the same will serve as a pattern and guide for the orderly physical development of the City. Such means shall consist of a zoning plan, the control of subdivision plats, a plan for future street locations, etc. (Ord. 194, 4-19-1955)

201.10: ZONING CODE AND CITY COMPREHENSIVE PLAN:

The Planning Commission may, upon its own motion or upon instruction by the City Council, prepare revisions to the Zoning Code and/or Plan for the City. Before recommending such Code and/or Plan to the City Council, the Planning Commission shall hold at least one public hearing as provided for in Chapter 108 of this Code. The same procedure shall apply for the preparation of any overall street plan or acquisition of lands for public purposes.  (Ord. 1175A, 11-25-1996)


 

CHAPTER 202
POLICE CIVIL SERVICE COMMISSION

SECTION:

202.01:        Establishment

202.02:        Statute Adopted

202.01: ESTABLISHMENT:

There is established a Police Civil Service Commission, the duties of which shall be those provided in Minnesota Statutes, chapter 419. (Ord. 221, 10-22-56)

202.02: STATUTE ADOPTED:

The City accepts and adopts all of the provisions of Minnesota Statutes, chapter 419. (Ord. 221, 10-22-56)


 

CHAPTER 203
PARKS AND RECREATION COMMISSION

SECTION:

203.01:        Establishment and Membership

203.02:        Vacancies

203.03:        Organization

203.04:        Duties and Functions

203.05:        Compensation

203.06:        Joint Meeting with City Council

203.07:        Rules

203.01: ESTABLISHMENT AND MEMBERSHIP:

There is established a parks and recreation commission of the city, which shall consist of nine (9) members appointed by the City Council. Members shall be appointed for three (3) year terms. In addition to the members appointed above, the City Council may for one year terms appoint additional residents of the city under twenty one (21) years of age to serve as (ex officio) members of the parks and recreation commission. (Ord. 1253, 6-26-2001)

203.02: VACANCIES:

In case of vacancy during the term of office of any member of the commission, the City Council shall appoint a new member to serve the remainder of the term. A vacancy shall exist if any of the following occur: death, failure to serve as shown by failure to attend a specified number of regular meetings as established by the commission, residence outside the city, or resignation. (Ord. 1038, 6-27-1988; amd. 1995 Code)

203.03: ORGANIZATION:

The commission shall annually elect one member to serve as chairperson and one member to serve as vice chairperson. Minutes of the commission shall be filed and retained by the parks and recreation commission, as well as other recommendations and studies performed by the commission. (Ord. 1038, 6-27-1988)

203.04: DUTIES AND FUNCTIONS:

The duties and functions of the commission shall be as follows:

A.    Serve in an advisory capacity to the City Council, city manager and director of parks and recreation on parks and recreation matters.

B.    Maintain an interest in and an understanding of the functions and operations of the parks and recreation department.

C.    Maintain an interest in and an understanding of the city school system and promote the greatest possible utilization of school and municipal recreation programs.

D.    Endeavor to secure a full and complete understanding of the city's needs and desires for parks and recreational facilities and be sensitive to the acceptance within the community of the current program.

E.    Convey to the City Council their understanding of the community's sentiment regarding recreation and parks and to submit recommendations to the City Council on parks and recreation programs and policy.

F.    Review conditions and adequacy of city park property.

G.    Provide hearings to groups or individuals, upon request, regarding parks and recreation matters.

H.    Keep informed and consider all financial aspects pertaining to parks and recreation.

I.     Consider proper names for city park property.

J.     Propose regulations for control of city park property to the City Council.

K.   Advise and assist architectural engineers on preparation of specific plans prior to the presentation to the City Council for formal approval.

L.    Represent the city at community functions where appropriate and approved by the City Council.

M.   Represent the city at meetings with other community, county or state boards of similar nature where appropriate and approved by the City Council.

N.   Perform other duties and functions or conduct studies and investigations as specifically directed or delegated by the City Council. (Ord. 1038, 6-27-1988)

O.   Shall act in all matters relating to the forestation ordinance contained in chapter 706 of this code, and shall act as the tree board as set forth in section 706.03 of this code. (Ord. 1108, 1-27-1992)

203.05: COMPENSATION:

No compensation shall be paid to members of the commission; however, commission members may have expenses paid to attend conferences on parks and recreation that are offered in the state when approved by the city manager. (Ord. 1038, 6-27-1988; amd. 1995 Code)

203.06: JOINT MEETING WITH CITY COUNCIL:

The commission shall request a joint meeting with the City Council when deemed necessary and at least a minimum of once a year. (Ord. 1038, 6-27-1988)

203.07: RULES:

The commission may adopt such rules as it deems necessary for the conduct of its work, compatible with the provisions of this chapter. (Ord. 1038, 6-27-1988)


 

CHAPTER 204
HUMAN RIGHTS COMMISSION

SECTION:

204.01:        Policy

204.02:        Establishment of Commission

204.03:        Purpose

204.04:        Membership; Terms and Removal

204.05:        Duties

204.01: POLICY:

It is hereby declared that it is the public policy of the city to fulfill its responsibility as a partner of the state department of human rights in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to work consistently to improve the human relations climate of the city. (Ord. 566, 2-19-1968)

204.02: ESTABLISHMENT OF COMMISSION:

There is hereby established within the city a human rights commission. (Ord. 566, 2-19-1968)

204.03: PURPOSE:

The purpose of the commission is to secure for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of this community by assisting the state department of human rights in implementing the Minnesota Human Rights Act, and by advising the City Council on long range programs to improve community relations in the city. (Ord. 566, 2-19-1968; amd. 1995 Code, Ord. 1324, 08-08-2005)

204.04: MEMBERSHIP; TERMS AND REMOVAL:

A.    Membership: The commission shall consist of seven (7) members, to be appointed by the City Council. Members of the commission shall be appointed with due regard to their fitness for the efficient dispatch of the functions, powers and duties vested in and imposed upon the commission. In addition to the members appointed above, the City Council may for one year terms appoint additional residents of the city under twenty one (21) years of age to serve as (ex officio) members of the human rights commission. (Ord. 1253, 6-26-2001) (Ord. 1313, 12-6-2004)

B.    Terms: The first commission shall consist of four (4) members appointed for a term of three (3) years, three (3) members for a term of two (2) years, and three (3) members for a term of one year. Members of the commission shall be appointed for terms of three (3) years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which such member's predecessor was appointed, shall be appointed only for the remainder of such term. Upon the expiration of such member's term of office, a member shall continue to serve until such member's successor is appointed and shall have qualified.

C.    Compensation; Removal: The members of the commission shall serve without compensation, and may be removed from office by a four-fifths (4/5) vote of the City Council. (Ord. 566, 2-19-1968)

204.05: DUTIES:

In fulfillment of its purpose, the commission's duties and responsibilities shall be to:

A.    Adopt bylaws and rules for the conduct of its affairs including the election, assumption of duties and definition of responsibilities of officers and committees.

B.    Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and eliminate discrimination and inequalities.

C.    Formulate a human relations program for the city to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programming in the area of civil and human rights.

D.    Advise the mayor, the City Council and other agencies of the government of human relations and civil rights problems. Act in an advisory capacity with respect to planning or operation of any city department on issues of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the community.

E.    Develop such programs of formal and informal education as will assist in the implementation of the Minnesota state act against discrimination, and provide for the commission's assumption of leadership in recognizing and resolving potential problem areas in the community. (Ord. 566, 2-19-1968; amd. 1995 Code)


 

CHAPTER 205
PUBLIC WORKS, ENVIRONMENT, AND TRANSPORTATION COMMISSION

SECTION:

205.01:        Establishment and Membership

205.02:        Organization

205.03:        Meetings and Reports

205.04:        Duties and Functions

205.01: ESTABLISHMENT AND MEMBERSHIP:

There is established a public works, environment, and transportation commission of the city which shall consist of five (5) members appointed by the City Council. Members shall be residents of the city and appointed for three (3) year staggered terms. Terms of the initial members will be established by the council at the time of their appointment. No member shall serve more than two (2) full consecutive terms. (Ord. 1260, 4-15-2002) (Ord. 1313, 12-6-2004)

205.02: ORGANIZATION:

The commission shall annually elect one member to serve as chairperson and one member to serve as vice chairperson. (Ord. 1260, 4-15-2002)

205.03: MEETINGS AND REPORTS:

The commission shall annually adopt a regular meeting schedule and may hold other meetings, as it deems necessary. The commission may adopt rules for the transaction of business and shall keep a record of its meetings and actions. (Ord. 1260, 4-15-2002)

205.04: DUTIES AND FUNCTIONS:

The duties and functions of the commission shall be as follows:

A.    Serve in an advisory capacity to the City Council, city manager and director of public works on public works, environmental, and transportation matters. (Ord. 1313, 12-6-2004)

B.    Maintain an interest in and an understanding of the functions and operations of the public works department.

C.    Maintain an interest in and an understanding of federal, state, county, regional and other public works, environmental, and transportation services that impact city services. (Ord. 1313, 12-6-2004)

D.    Perform other duties and functions or conduct studies and investigations as specifically directed or delegated by the city. (Ord. 1260, 4-15-2002)

CHAPTER 206
ETHICS COMMISSION

SECTION:

206.01:        Establishment and Membership

206.02:        Organization

206.03:        Meetings and Reports

206.04:        Duties and Functions

206.01:       ESTABLISHMENT AND MEMBERSHIP:

There is established an ethics commission of the City which shall consist of five (5) members appointed by the City Council.  Members shall be residents of the City and appointed for three (3) year staggered terms.  Terms of the initial members will be established by the council at the time of their appointment.  No member shall serve more than two (2) full consecutive terms.

206.02:       ORGANIZATION:

The Commission shall annually elect one member to serve as chairperson and one member to serve as vice chairperson.

206.03:       MEETINGS AND REPORTS:

The Commission shall annually adopt a regular meeting schedule and may hold other meetings, as it deems necessary.  The Commission may adopt rules for the transaction of business and shall keep a record of its meetings and actions.

206.04:       DUTIES AND FUNCTIONS:

The duties and functions of the Commission shall be as follows:

A.    Serve in an advisory capacity to the City Council on matters involving any ethics code adopted by the City Council.

B.    Administer any ethics code adopted by the City Council.

C.    Perform other duties and functions or conduct studies as specifically directed or delegated by the City Council.

(Ord. 1338, 6-12-2006)


 

 

 

 

 

TITLE 3
BUSINESS REGULATIONS


CHAPTER 301
GENERAL LICENSE REGULATIONS

SECTION:

301.01:        Application

301.02:        Applications for Licenses and Permits

301.03:        License and Permit Fees

301.04:        Prorating of License

301.05:        Investigations

301.06:        Duration

301.07:        Display of License

301.08:        Transfer of License

301.09:        Revocation or Suspension of License

301.01: APPLICATION:

The provisions of this Chapter shall govern the application for and issuance of licenses and permits in the City, except as may otherwise be specifically provided in this Code in regard to particular licenses or permits. (1995 Code)

301.02: APPLICATIONS FOR LICENSES AND PERMITS:

Applications for licenses and permits shall be filed in writing with the City Manager for presentation to the City Council. Each such application shall contain the following information:

A.    Full name, date of birth and residence (or registered office in the case of corporation) of applicant.

B.    Name and address of the location or place of business for which the license or permit is required and the kind of business to be carried on at said address.

C.    Such other information as this Code or the City Manager requires. (1995 Code)

301.03: LICENSE AND PERMIT FEES:

Except as otherwise or additionally required by this Code, fees for the various licenses and permits shall be as follows:

                                                                                                                         Required
Type of License/Permit                                                 By Chapter                   Fee Per Year

Amusement device-per machine                                       303                                $   75.00

Bowling alley                                                                   303

First alley                                                                                                            70.00

Each additional alley                                                                                            20.00

 

Christmas trees, sale of                                                    305                                     65.00

Cigarettes, sale of                                                            306                                   100.00

Conversation parlors                                                        308                              10,000.00

Dog and cat license/original                                              501                                       5.00*

Dog license - duplicate/address change                     501                                       3.00

Dog license - special multiple                                    501                                     25.00

Special                                                                     501                                     25.00

 

Dog kennels                                                                    501                                     75.00

Fertilizer, sale of                                                              408                                     30.00

Firearms, sale of                                                              310                                     30.00

Gameroom                                                                      303                                   175.00

Gas pumps - private business                                           310                                     60.00

Gasoline stations                                                              310                                   130.00

Horse                                                                              501                                       5.00

Hospitals - veterinary                                                       310                                     80.00

Liquor licenses:                                                                302

On-sale intoxicating liquor license                                                                   7,000.00

On-sale wine license (75 seats or less)                                                               750.00

On-sale wine license (over 75 seats)                                                               1,500.00

Temporary On-sale (3 days)                                                                               50.00

Temporary On-sale in Central Park                                                                     20.00

Sunday On-sale license                                                                                     200.00

Special club license by number of club members:

         51 – 200                                                                                                  300.00

                 201 - 500                                                                                                500.00

         501 - 1,000                                                                                             650.00

         1,001 - 2,000                                                                                          800.00

         2,001 - 4,000                                                                                       1,000.00

         4,001 - 6,000                                                                                       2,000.00

         More than 6,000                                                                                  3,000.00

Off-sale intoxicating liquor license                                                                      200.00

On-sale nonintoxicating liquor license                                                                 100.00

Off-sale nonintoxicating malt liquor license                                                            30.00

 

Massage therapist                                                            309                                     75.00

Massage therapy business establishments                         309                                   300.00

Pawn shop                                                                      311                              10,000.00

Plus:  electronic billable per transaction fee                                                            1.50

manual billable per transaction fee                                                               2.50

 

Pawn shop and precious metal dealer                               311                              13,000.00

Pool and billiard                                                               303

First table                                                                                                           70.00

Each additional                                                                                                   20.00

 

Precious metal dealer                                                       311                              10,000.00

Recycling contractor                                                        403                                   125.00

Solid waste hauler                                                            402                                   125.00

Theaters - per viewing screen                                           310                                     70.00

* License fee is for two (2) years.

 (Ord. 1090, 3-25-1991; amd. Ord. 1140, 4-25-1994; 1995 Code; Ord. 1183, 5-27-1997; Ord. 1277, 01/06/03)

301.04: PRORATING OF LICENSE:

The fee for licenses granted after the commencement of the license year shall be prorated on a quarterly basis unless specified otherwise in this Code. (1995 Code)

301.05: INVESTIGATIONS:

Before granting or denying any license application, the City Council may order such investigation of the applicant, applicant's business or proposed business and the premises on which it is to be conducted as it shall deem necessary. (1995 Code)

301.06: DURATION:

Unless specifically provided for elsewhere in this Code, all licenses or permits shall terminate on June 30 of each year after issuance. (Ord. 597, 4-18-69; amd. 1995 Code)

301.07: DISPLAY OF LICENSE:

Each license shall be displayed by the licensee in a conspicuous place upon the premises. (1995 Code)

301.08: TRANSFER OF LICENSE:

Unless specifically provided for elsewhere in this Code, application for a transfer of a license shall be made to the City Manager. If the transfer is approved by the City Council, a new license shall be issued upon payment of twenty five percent (25%) of the annual license fee, prorated for the period of issuance on a quarterly basis. (1995 Code)

301.09: REVOCATION OR SUSPENSION OF LICENSE:

The City Council may suspend or revoke any license for violation of this Code or any State or Federal statute or regulation after following applicable statutory provisions and where none, after reasonable notice and a due process hearing. (1995 Code)


 

CHAPTER 302
LIQUOR CONTROL

 

SECTION:

 

302.01:        Adoption of State Law

302.02:        License Required

302.03:        Application

302.04:        License Fees

302.05:        Ineligibility

302.06:        Delinquent Taxes and Charges

302.07:        Granting of License

302.08:        Conditions of License

302.09:        Hours of Sale

302.10:        Evacuation of On-sale Establishments

302.11:        Sale Outside of Structure on Licensed Premises

302.12:        On-sale of Intoxicating Malt Liquor

302.13:        Off-sale License Regulations

302.14:        Prohibited Conduct

302.15:        Civil Penalty

302.01: ADOPTION OF STATE LAW:

Except where inconsistent with this Chapter, the provisions of Minnesota Statutes, chapter 340A, relating to the definition of terms, licensing, consumption, sales, conditions of bonds and licenses, hours of sales and all other matters pertaining to the retail sale, distribution and consumption of non-intoxicating malt liquor, wine and intoxicating liquor are adopted and made a part of this Chapter as if set out in full. (Ord. 972, 5-13-85)

302.02: LICENSE REQUIRED:

A.    General Requirement: No person, except a wholesaler or manufacturer to the extent authorized under State license, shall directly or indirectly deal in, sell or keep for sale in the City any non-intoxicating malt liquor or intoxicating liquor without a license to do so as provided in this Chapter.

B.    Types of Licenses:

1. Intoxicating liquor licenses shall be of five (5) kinds: On-sale, On-sale Wine, Club, Special Sunday and Off-sale.

2. Non-intoxicating malt liquor licenses shall be of two (2) kinds: On-sale and Off-sale.

C.    Expiration: All intoxicating liquor and non-intoxicating malt liquor licenses shall expire on December 31 of each year.

D.    On-sale Intoxicating Liquor Licenses: On-sale intoxicating liquor licenses shall be issued only to hotels and restaurants and shall permit On-sale of intoxicating liquor only, for consumption on the licensed premises only, in conjunction with the sale of food. For the purposes of this Chapter, the following definitions are adopted:

HOTEL: A hotel is any establishment having a resident proprietor or manager where, in consideration of payment, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than fifty (50) guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk and office for the registration of its guests, which employs an adequate staff to provide suitable and usual service and which maintains, under the same management and control as the rest of the establishment and has, as an integral part of the establishment, a dining room of at least one thousand eight hundred (1,800) square feet.

Such dining room shall have appropriate facilities for seating not less than one hundred (100) guests at one time. Where the guest seating capacity is between one hundred (100) and one hundred seventy four (174), at least fifty percent (50%) of the gross sales of the restaurant portion of the establishment must be attributable to the service of meals. Where the seating capacity is one hundred seventy five (175) or more, at least twenty five percent (25%) of the gross sales of the restaurant portion of the establishment must be attributable to the service of meals.

RESTAURANT: A restaurant is any establishment, other than a hotel, having appropriate facilities to serve meals, for seating not less than one hundred (100) guests at one time and where, in consideration of payment, meals are regularly served at tables to the general public and which employs an adequate staff for the usual and suitable service to its guests.

Where the seating capacity of the establishment is between one hundred (100) and one hundred seventy four (174), at least fifty percent (50%) of the gross sales of the establishment must be attributable to the service of meals. Where the seating capacity is one hundred seventy five (175) or more, at least twenty five percent (25%) of the gross sales of the establishment must be attributable to the service of meals.

E.    On-sale Wine Licenses: On-sale wine licenses shall be issued only to restaurants meeting the qualifications of Minnesota Statutes 340A.404, subdivision 5, and shall permit only the sale of wine not exceeding fourteen percent (14%) alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. to qualify for a license under this subsection, a restaurant must have appropriate facilities for seating at least twenty five (25) guests at a time, regularly serve meals at tables to the public for a charge and employ an adequate staff. (Ord. 972, 5-13-85)

F.    Club License: Club licenses for the sale of intoxicating beverages to be consumed on the licensed premises may be issued to any clubs meeting the requirements of Minnesota Statute 340A.404, subdivision 1. (1995 Code)

G.    Special License for Sunday Sales: A special license authorizing sales on Sunday in conjunction with the serving of food may be issued to any hotel, restaurant or club which has an On-sale license. A special Sunday license is not needed for Sunday sales of wine license.

H.    Off-sale Intoxicating Liquor Licenses: Off-sale licenses for the sale of intoxicating liquor shall permit the licensee to sell intoxicating liquor in original packages for consumption off the premises only. Such licenses may be issued in accordance with the provisions of this Chapter.

I.     On-sale Non-intoxicating Malt Liquor Licenses: On-sale licenses shall permit the licensee to sell non-intoxicating malt liquor for consumption on the premises only.

J.     Off-sale Non-intoxicating Malt Liquor Licenses: Off-sale licenses shall permit the licensee to sell non-intoxicating malt liquor in original packages for consumption off the premises only. (Ord. 972, 5-13-1985)

K.   Temporary On-sale Licenses: Temporary On-sale licenses may be issued to a club or charitable, religious or nonprofit organization in existence for at least three (3) years in connection with social events within the City, for up to three (3) days in accordance with Minnesota Statutes section 340A.404, subdivision 10. (1995 Code)

L.    Temporary On-sale License In Central Park: Upon payment of the fee and submission of a completed application form, the City Manager is authorized to approve a temporary On-sale license for the sale and distribution of nonintoxicating malt liquor to a club, charitable, religious or other nonprofit organization in existence at least three (3) years, for such sale and distribution in Central Park only for a time not to exceed three (3) consecutive days, provided the following conditions are met:

1. Insurance: Proof of liquor liability insurance in an amount equal to and in the form required by subsection 302.03C of this Chapter is filed with the application.

2. Security Plan: A security plan, approved by the Chief of Police, is filed along with the application.

3. Hours of Sale: In addition to the limitation on hours found elsewhere in this Code, the hours of sale shall be only during the time that Central Park is open to the public. Sales and distribution shall be located only in a shelter building or a temporary shelter, such as a tent, approved by the City Manager.

In the event the City Manager denies the application, for any reason, the applicant may appeal the decision of the City Manager to the City Council. (Ord. 1102, 9-23-1991)

M.   Intoxicating Liquors at The Roseville Skating Center Community Rooms: Intoxicating liquor may be sold in the Roseville Skating Center Community Rooms only under the following conditions:

1. By the City-designated caterer for the Roseville Skating Center Community Rooms who shall hold retail On-sale intoxicating liquor license issued by the City or by an adjacent municipality.

2. The caterer must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to use the Roseville Skating Center Community Rooms, and may dispense intoxicating liquor only to persons attending the event.

3. The caterer delivers to the City a certificate of insurance providing "off premises" or "catered event" liquor liability coverage naming the City of Roseville, to the full extent of statutory coverage, as an additional named insured.

4. All other rules and regulations established by the City relating to the sale or dispensing of intoxicating liquor in the Roseville Skating Center Community Rooms are complied with. (Ord. 1217, 12-14-1998)

302.03: APPLICATION:

A.    Requirements: The requirements set forth in this Section shall apply to applications for those licenses named in Section 302.02 of this Chapter.

B.    Form:

1. Information Required: Every application for a license under this Chapter shall state the name of applicant, applicant's age, presentations as to applicant's character, with such references as the City Council may require, applicant's citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long applicant has been in that business at that place and such other information as the City Council may require from time to time.

2. Verification: In addition to containing such information, the application shall be in the form prescribed by the State Liquor Control Director and shall be verified and filed with the City Manager. No person shall make a false statement in an application.

3. Subsequent Data: From time to time, at the request of the City Manager, a licensee will provide data to the City concerning that portion of its revenue attributable to the sale of food and the sale of liquor and/or wine. (Ord. 972, 5-13-1985)

C.    Liability Insurance:

1. Policy Limits: Prior to the issuance or renewal of a license under this Chapter, the applicant shall file with the City Manager a certificate of insurance in a form to be provided by the City covering liquor liability, loss of means of support and pecuniary loss in the amount of five hundred thousand dollars ($500,000.00) of coverage because of bodily injury to any one person in any one occurrence; one million dollars ($1,000,000.00) because of bodily injury to two (2) or more persons in any one occurrence; one hundred thousand dollars ($100,000.00) because of injury to or destruction of property of others in any one occurrence; two hundred thousand dollars ($200,000.00) for loss of means of support or pecuniary loss to any one person in any one occurrence; and five hundred thousand dollars ($500,000.00) for loss of means of support or pecuniary loss for two (2) or more persons in any one occurrence.

2. Annual Aggregate Limits: Annual aggregate limits as provided by Minnesota Statutes section 340A.409 shall not be less than one million dollars ($1,000,000.00).

In the event such policy provides for one million dollars ($1,000,000.00) annual aggregate limits, said policy shall further require that in the event that the policy limits are reduced in any given year because of the one million dollar ($1,000,000.00) annual aggregate policy limit, the insurance carrier shall provide the City with written notice of said reduction in policy limits within thirty (30) days of said reduction becoming effective. (Ord. 1175, 10-28-1996)

3. Further Requirements: After the reduction becomes effective, the City Council may require the licensee to take further action with regard to liability insurance in order to protect citizens of the City during the period of the reduced aggregate policy limit.

4. Applicability: The requirements of this Section shall be applicable to new licenses issued after the effective date of this subsection and for renewals applied for after the effective date of this subsection. (Ord. 1046, 9-12-1988)

D.    Approval of Insurance: Liability insurance policies shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the City, at all times, a certificate of insurance as required in subsection C of this Section is a cause for revocation of the license. All insurance policies shall state that the City will be given ten (10) days' notice, in writing, of cancellation. (Ord. 972, 5-13-1985)

E.    Insurance Not Required: Subsection C of this Section does not apply to licensees who by affidavit establish that they are not engaged in selling any intoxicating or non-intoxicating malt liquor in Central Park and that:

1. They are On-sale 3.2 percent malt liquor licensees with sales of less than ten thousand dollars ($10,000.00) of 3.2 percent malt liquor for the preceding year;

2. They are Off-sale 3.2 percent malt liquor licensees with sales of less than twenty thousand dollars ($20,000.00) of 3.2 percent malt liquor for the preceding year;

3. They are holders of On-sale wine licenses with sales of less than ten thousand dollars ($10,000.00) for wine for the preceding year; or

4. They are holders of temporary wine licenses issued under law. (Ord. 1175, 10-28- 1996)

 

 

 

 

302.04: LICENSE FEES:

A.    Annually: Annual license fee shall be as follows:

On-sale intoxicating liquor license                                                                $7,000.00

On-sale wine license (Establishments with 75 seats or less)                               750.00

On-sale wine license (Establishments with over 75 seats)                               1,500.00

Temporary On-sale (3 days)                                                                              50.00

Temporary On-sale in Central Park (3 days)                                                      20.00

Sunday On-sale license                                                                                    200.00

Special club license (Dependent upon the number of members):

     Number of club members:         51    -        200                                            300.00

        201     -         500                                                                                    500.00

        501     -      1,000                                                                                    650.00

     1,001     -      2,000                                                                                    800.00

     2,001     -      4,000                                                                                 1,000.00

     4,001     -      6,000                                                                                 2,000.00

                    More than 6,000                                                                      3,000.00

Off-sale intoxicating liquor license                                                                    200.00

On-sale non-intoxicating malt liquor license                                                      100.00

Off-sale non-intoxicating malt liquor license                                                        30.00

B.    Fee:

1. Payment: Five hundred dollars ($500.00) of the On-sale intoxicating liquor and wine licenses and the entire license fee for all other licenses shall be paid at the time of application. The remaining balance, if any, shall be paid prior to the time of issuance of the license.

2. Refund: All fees shall be paid into the General Fund of the City. Upon rejection of any application for a license or upon the withdrawal of the application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant except where the rejection is for willful misstatement on the license application.

3. Proration: The fee for On-sale intoxicating liquor and On-sale wine licenses granted after the commencement of the license year shall be prorated on a monthly basis. The fee for On-sale non-intoxicating malt liquor licenses granted after the commencement of the license year shall be prorated on a quarterly basis.

4. Investigation: At the time of each original application for a license, except special club, On-sale non-intoxicating malt liquor and Off-sale non-intoxicating malt liquor licenses, the applicant shall pay, in full, an investigation fee. The investigation fee shall be three hundred dollars ($300.00). No investigation fee shall be refunded. (Ord. 972, 5-13-1985; amd. 1995 Code)

302.05: INELIGIBILITY:

No license shall be granted to any person made ineligible for such a license by state law[5]. (Ord. 972, 5-13-1985)

302.06: DELINQUENT TAXES AND CHARGES:

No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the city are delinquent and unpaid. (Ord. 972, 5-13-1985)

302.07: GRANTING OF LICENSE:

A.    Investigation and Issuance: The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the City Council shall, in its discretion, grant or refuse the application. At least ten (10) days' published notice of the hearing shall be given, setting forth the name of the applicant and the address of the premises to be licensed.

B.    Person and Premises Licensed; Transfer: Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Before a transfer is approved, the transferee shall comply with the requirements for a new application. Any transfer of fifty percent (50%) or more of the stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior City Council approval is a ground for revocation of the license. (Ord. 972, 5-13-1985)

302.08: CONDITIONS OF LICENSE:

Every license is subject to the conditions in the following subsections and all other provisions of this chapter and any other applicable ordinance, state law or regulation:

A.    Licensee's Responsibility: Every licensee is responsible for the conduct of licensee's place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises, authorized to sell intoxicating liquor there, is deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee.

B.    Inspections: Every licensee shall allow any peace officer, health officer or properly designated officer or employee of the city to enter, inspect and search the premises of the licensee during business hours without a warrant.

C.    Optional Manager and Server Training: Proven participation in this program will reduce licensee holder penalties for failure of an alcohol sales compliance check. If this option is chosen, all licensees and their managers, and all employees or agents employed by the licensee that sell or serve alcohol, shall attend and satisfactorily complete a city approved or provided liquor licensee training program. The required training shall be completed:

1. Prior to licensure or renewal for licensees and managers, or

2. Prior to serving or selling for any employee or agent, and

3. Every year thereafter unless probationary extension is granted for hardship reasons. (Ord. 1243, 11-27-2000)

302.09: HOURS OF SALE:

The hours for the sale of intoxicating or non-intoxicating liquor for consumption on the premises shall be those allowed under Minnesota Statute §340A.504. (Ord. 1290, 8-11-2003)

302.10: EVACUATION OF ON-SALE ESTABLISHMENTS:

A.    Thirty Minute Restriction: All patrons of an on-sale establishment selling intoxicating liquor or non-intoxicating malt liquor must vacate the premises within thirty (30) minutes of the termination of sales by Minnesota Statute §340A.504.     Any patron who remains on the licensed premises or any licensee or licensee's employee who allows a patron to remain on the licensed premises beyond the thirty (30) minute limit is in violation of this subsection. (Ord. 1056, 3-16-1989) (Ord. 1290, 8-11-2003)

B.    Extension of Restriction for Sale of Food: If an on-sale establishment remains open for the sale of food beyond the thirty (30) minute evacuation limit, all intoxicating liquor and non-intoxicating malt liquor must be secured within the thirty (30) minute limit in such a manner as to prevent consumption. Any patron who consumes intoxicating liquor or non-intoxicating malt liquor on the licensed premises or any licensee or employee of licensee who allows such consumption or allows intoxicating liquor or non-intoxicating malt liquor to remain unsecured on the licensed premises beyond the thirty (30) minute limit is in violation of this subsection. (Ord. 1056, 3-16-1989)

302.11: SALE OUTSIDE OF STRUCTURE ON LICENSED PREMISES:

The sale of wine and intoxicating liquors, pursuant to any of the licenses issued in accordance with this chapter, shall be limited to sale and consumption inside of a structure on the licensed premises, unless the licensee applies for and receives permission from the City Council for sale and consumption outside of a structure on the licensed premises by an endorsement to the license. Issuance of an outside sale and consumption endorsement shall be accomplished as follows:

A.    Application: The licensee shall make written application using forms provided by the city and there shall be a nonrefundable application fee of twenty five dollars ($25.00) at the time of making application.

B.    Notice: The owners of all property adjacent to the licensed premises will be given written notice of the fact that such an application has been made and of the date and time of the City Council meeting at which the application will be considered by the City Council.

C.    Endorsement: The City Council may, in its discretion, issue such an endorsement or refrain from issuing such an endorsement and may impose conditions to the endorsement such as, but not limited to, screening, time of day limitations and noise limitations. (Ord. 972, 5-13-1985)

302.12: ON-SALE OF INTOXICATING MALT LIQUOR:

The holder of an on-sale wine license who is also licensed to sell non-intoxicating malt liquor and whose gross receipts are at least sixty percent (60%) attributable to the sale of food, may sell intoxicating malt liquor at on-sale without an additional license. (Ord. 1021, 9-28-1987)

302.13: OFF-SALE LICENSE REGULATIONS:

In addition to the other requirements of state law or this chapter, the following regulations are applicable to off-sale intoxicating liquor licenses:

A.    Number of Licenses: The number of licenses which may be issued is ten (10).

B.    Use of License: If a license is not used within one year, the license shall automatically terminate.

C.    Size of Premises: A licensed premises shall have at least one thousand six hundred (1,600) square feet of sales floor space including sales coolers and excluding walk-in storage coolers.

D.    Considerations: In addition to the other requirements of this chapter and applicable state law in determining whether or not to issue an off-sale license for a particular premises, the City Council shall consider all relevant factors relating to the health, safety and welfare of the citizens of the city such as, but not limited to, effect on market value of neighboring properties, proximity to churches and schools and effect on traffic and parking.

E.    Delivery of Alcoholic Beverages; Identification Required: A person authorized to serve, sell, or deliver alcoholic beverages must determine through legitimate proof of identification that all deliveries of wine, beer, and alcoholic beverages are accepted only by eligible persons who are twenty one (21) years of age or older.

F.    Delivery Records: Upon any delivery of alcoholic beverages off the licensed premises, the seller, purchaser, and delivery recipient (if other than the purchaser) must sign an itemized purchase invoice. The invoice shall detail the time, date, and place of delivery. The licensee must retain the delivery records for a period of one year. The records shall be open to inspection by any police officer or other designated officer or employee of the city at any time. (Ord. 1243, 11-27-2000)

302.14: PROHIBITED CONDUCT:

A.    Policy: Certain acts or conduct on premises licensed pursuant to this chapter or licensed pursuant to Minnesota statutes, chapter 340A, are deemed contrary to public welfare and are prohibited and no license issued pursuant to this chapter or licensed pursuant to Minnesota statutes, chapter 340A, may be held or maintained where such acts or conduct is permitted. (Ord. 808, 11-21-1977)

B.    Prohibited Conduct: The prohibited acts or conduct referred to in subsection A of this section are:

1. The employing or use of any person in the sale or service of beverages in or upon the licensed premises where such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

2. The employing or use of the services of any host or hostess while such host or hostess is unclothed or in such attire, costume or clothing as described in subsection B1 of this section.

3. The encouraging or permitting of any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

4. The permitting of any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof.

5. The permitting of any person to perform acts of or acts which simulate:

a. With or upon another person, sexual intercourse, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law.

b. Masturbation or bestiality.

c. With or upon another person the touching, caressing or fondling of the buttocks, anus, genitals or female breast.

d. The displaying of the pubic hair, anus, vulva, genitals or female breasts below the top of the areola.

6. The permitting of any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in subsections B5a through B5d of this section.

7. The permitting of any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus.

8. The permitting or showing of film, still pictures, electronic reproductions or other reproductions depicting:

a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.

c. Scenes wherein a person displays the vulva, or the anus or the genitals.

d. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the activities described in subsections B1 through B7 of this section.

C.    Revocation of License: Any license issued pursuant to this chapter, licensed pursuant to Minnesota statutes, chapter 340A, shall be revoked if any of the acts of conduct described in this section occur on the licensed premises. (Ord. 808, 11-21-1977; amd. 1995 Code)

302.15: CIVIL PENALTY:

A.    Penalty For Noncompliance: In addition to any criminal penalties which may be imposed by a court of law, the City Council may suspend a license for up to sixty (60) days, may revoke a license and/or may impose a civil fine on a licensee not to exceed two thousand dollars ($2,000.00) for each violation on a finding that the license holder or its employee has failed to comply with a statute, rule or ordinance relating to alcoholic beverages, non-intoxicating malt liquor or wine.

B.    Minimum Penalty: The purpose of this section is to establish a standard by which the City Council determines the civil fine, the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however, the council may deviate in an individual case where the council finds that there exist certain extenuating or aggravating circumstances, making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors or, in the converse, when a licensee has a history of repeated violations of state or local liquor laws. When deviating from these standards, the council will provide written findings that support the penalty selected.  When a violation occurs, the staff shall provide information to the City Council to either assess the presumptive penalty or depart upward or downward based on extenuating or aggravating circumstances.  The staff shall notify the licensee of the information being considered and acted upon by the City Council.

 

The following violations are presumed to require revocation of the license on the first violation:

            Commission of a felony related to the licensed activity.

            Sale of alcoholic beverages while license is under suspension.

            Sale of intoxicating liquor where only license is for 3.2 percent malt liquor.

Other violations, including the following shall have a presumed penalty as indicated below:

            Sale of alcoholic beverages to underage persons.

            Sale of alcoholic beverages to obviously intoxicated person.

            After hours sale/display/consumption of alcoholic beverage.

            Illegal gambling on premises.

Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages (on-sale allowing off-sale).

 

1. For on-sale license holders who participate in optional manager and server training and prove the person who sold or served alcohol had received city approved alcohol beverage server training within the previous year:

a. For a first violation, the license holder will be given a warning letter.

b. For a second violation in thirty-six (36) months, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a one day suspension.

c. For a third violation in thirty-six (36) months, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a three (3) day suspension.

d. For a fourth violation in thirty-six (36) months, the mandatory minimum penalty shall be a one thousand dollar ($1,000.00) fine and a five (5) day suspension.

e. For a fifth violation in thirty-six (36) months, the license shall be revoked, or in alternative, the license shall not be renewed.

2. For on-sale license holders who do not participate in optional manager and server training:

a. For a first violation, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a one day suspension.

b. For a second violation in thirty-six (36) months, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a three (3) day suspension.

c. For a third violation in thirty-six (36) months, the mandatory minimum penalty shall be a one thousand dollar ($1,000.00) fine and a five (5) day suspension.

d. For a fourth violation in thirty-six (36) months, the license shall be revoked, or in alternative, the license shall not be renewed.

3. For off-sale license holders who participate in optional manager and server training and prove the person who sold or served alcohol had received city approved alcohol beverage server training within the previous year:

a. For a first violation, the license holder will be given a warning letter.

b. For a second violation in thirty-six (36) months, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine.

c. For a third violation in thirty-six (36) months, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a three (3) day suspension.

d. For a fourth violation in thirty-six (36) months, the mandatory minimum penalty shall be a one thousand dollar ($1,000.00) fine and a five (5) day suspension.

e. For a fifth violation in thirty-six (36) months, the license shall be revoked, or in alternative, the license shall not be renewed.

4. For off-sale license holders who do not participate in optional manager and server training:

a. For a first violation, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine.

b. For a second violation in thirty-six (36) months, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a three (3) day suspension.

c. For a third violation in thirty-six (36) months, the mandatory minimum penalty shall be a one thousand dollar ($1,000.00) fine and a five (5) day suspension.

d. For a fourth violation in thirty-six (36) months, the license shall be revoked, or in alternative, the license shall not be renewed. (Ord. 1280, 03-31-03)

C.    Hearing and Notice: If, after considering the staff’s information, the City Council proposes to suspend or revoke a license, the licensee shall be provided written notice of the City Council’s proposed action and shall be given the opportunity to request a hearing on the proposed penalty by providing the City a written notice requesting a hearing within ten (10) days of the mailing of the notice of the City Council’s proposed action.  The notice of the proposed action of the City Council shall state the nature of the charges against the licensee and the action the City Council proposes to take, shall inform the licensee of the right to request a hearing prior to the action being final, and shall inform the licensee of the date the City Council’s proposed action will be considered a final decision if a hearing is not requested.  Any hearing, if requested, will be conducted in accordance with Minnesota statutes section 340A.415 and sections 14.57 to 14.69 of the Administrative Procedures Act (“APA”).  If a hearing is requested, the licensee shall be provided a hearing notice at least ten (10) days prior to the hearing, which shall state the date, time and place of the hearing and the issues involved in the hearing.  An independent hearing officer shall be selected by the City Council to conduct the hearing and shall make a report and recommendation to the City Council pursuant to the provisions of the APA.  The City Council shall consider the independent hearing examiner’s recommendation and issue its final decision on the suspension or revocation.   (Ord. 1243, 11-27-2000; Ord. 1280, 3-31-03) (Ord, 1336, 5-08-2006)


 

CHAPTER 303
AMUSEMENT DEVICES; AREAS AND GAMEROOMS

 

SECTION:

 

303.01:        Amusement Devices; Areas and Gamerooms Defined

303.02:        License and Conditional Use Permit Required

303.03:        Application for License Requirements

303.04:        Location Restrictions

303.05:        Hours of Operation

303.06:        Gambling Devices

303.07:        Cigarette Sales Prohibited

303.08:        Conditional Use Permit Requirements

303.01: AMUSEMENT DEVICES; AREAS AND GAMEROOMS DEFINED:

For the purposes of this Code, the term "Amusement Devices, Areas and/or Gamerooms" shall mean any for-profit enterprise or business which provides areas within a building, room or outdoor space with capacity for eight (8) or more customers at one time, wherein customers play games, watch game playing, wait to play or que to enter or are being entertained. Examples of such business uses are: video, laser, pool or other table game areas; arcades, carnivals and circuses. This definition excludes physical exercise or health centers, theaters, private lodges or clubs, restaurants and bars and all tax-exempt operations. (Ord. 1144, 6-13-94)

303.02: LICENSE AND CONDITIONAL USE PERMIT REQUIRED:

A.    No person shall establish, maintain or operate an amusement device area or gameroom as herein defined within the City without first having obtained an annual license and a conditional use permit to do so. Any proposal for such business or enterprise as defined in Section 303.01 shall apply for a City annual business license as set forth in Sections 301.01 through 301.09 and a conditional use permit as set forth in Section 1013.01. The application and annual fee for the business license and the fee for the conditional use permit shall be set by the City Council by resolution from time to time.

B.    Each conditional use permit approved for amusement device areas or gamerooms shall be contingent upon issuance of an annual business license. At such time as the business license lapses or is denied, the conditional use permit shall also be considered null and void.

C.    Each license shall be issued for a period of one year; however, if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee to be determined by the City with any fraction of a month counted as one month. No refund of any fees shall be made. Every license shall expire the last day of June.

D.    Amusement devices, areas, and gameroom businesses and enterprises approved and in existence on the effective date of this Chapter shall comply by submitting an initial license application prior to June 30, 1995, for 1995-1996. Such businesses shall be deemed as pre-existing conditional uses, subject to the standards and criteria of this Code, except Section 303.04.

E.    Licenses are not transferable. Change in ownership of the site or the business on the site shall cause the license to expire. The new owner may apply for a new license and City Council approval. (Ord. 1144, 6-13-94)

303.03: APPLICATION FOR LICENSE REQUIREMENTS:

License application requirements shall include the following:

A.    The applicant's birth date, correct name, social security number, driver's license number, post office address and residence, length of time the applicant has resided within the State of Minnesota and applicant's places of residence for the ten (10) years preceding application.

B.    Applicant's signed approval for Police Department to complete a criminal and personal background investigation.

C.    Five (5) letters of references.

D.    If a Minnesota corporation, the name, address and phone number of the principal in charge of the premises. If a partnership, each active partner shall supply the same information as the applicant. (Ord. 1144, 6-13-94)

303.04: LOCATION RESTRICTIONS:

After the effective date of this Chapter, the operation of any new amusement devices, areas or gameroom business or enterprise with a capacity for more than eight (8) customers at one time shall be setback a minimum distance of one thousand five hundred feet (1,5009) from any residentially zoned area, any elementary or secondary school or any church. (Ord. 1144, 6-13-94)

303.05: HOURS OF OPERATION:

No licensee shall operate between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. Licensees located within shopping centers or malls shall have the same hours of operation as the center or mall. (Ord. 1144, 6-13-94)

303.06: GAMBLING DEVICES:

No gaming or gambling, as defined in Chapter 304 of this Title shall be permitted within the commercial public assembly business or enterprise location. (Ord. 1144, 6-13-94)

303.07: CIGARETTE SALES PROHIBITED:

It shall be unlawful to permit the sale of cigarettes on the premises. (Ord. 1144, 6-13-94)

303.08: CONDITIONAL USE PERMIT REQUIREMENTS:

In addition to the requirements listed in Section 1013.01, a conditional use permit shall include, but not be limited to, the following reports, standards and plans which are to be submitted as part of the annual license application or as otherwise stated:

A.    Insurance Coverage: The City may require proof of liability insurance coverage in amounts not less than one million dollars ($1,000,000.00) each.

B.    Security: The City may require the applicant to provide on-site security agents at indoor and outdoor locations during peak periods which are identified in the pedestrian, maintenance and traffic management plans.

C.    Lighting Plan: An exterior lighting plan shall provide for installation and maintenance of lighting standards in parking and entry areas. The standards shall include light intensity as follows:

1. Twenty (20) foot-candles within seventy five feet (75’) of entry or exit.

2. Five (5) foot-candles throughout the parking lot.

D.    Traffic Management: A traffic management plan shall provide for parking and circulation. The plan shall illustrate:

1. Number of spaces estimated to be in use during afternoon and evening business hours or performances. The total number of spaces available on the site shall accommodate two (2) complete shifts of customers when the facility is used at capacity.

2. The traffic circulation plan within the car and bus parking areas and any traffic direction signage.

3. Entrance and exit capacity on driveways.

E.    Pedestrian Plan: An exterior (out of the parking areas) and indoor pedestrian queuing plan shall be provided with staggered entry times to gaming areas and a managed one-way entry, multi-way building exit system for customers.

F.    Emergency Evacuation Plan: An evacuation plan shall include a weekly attendance total, reported on a monthly basis (to City Fire Marshal) to determine capacity and routing for evacuation. The evacuation plan shall describe the exit locations, designated fire lanes, routing, crowd management techniques and staff training necessary for evacuation.

G.    Maintenance Building Report: An annual maintenance and building report shall include records of all maintenance and building improvements during the previous year. This report shall include records of improvements to bathrooms, seats, carpet, windows, doors, heating and air handling equipment, water and sewer services, exterior landscaping, parking and lighting. The trash collection systems for inside the building and in parking areas shall be illustrated and methods for screening exterior trash collection areas must be provided.

H.    Signs: Exterior and interior marquee or wall signs shall illustrate entry areas and hours of operation or starting times for events.

I.     On-Site Manager: An on-site manager shall be on the site at all times when the business is open to the public. The on-site manager shall have his/her name and business phone number prominently displayed in the front entry or lobby at all times.

J.     Employee Training Program: All employee training programs shall include a twelve (12) month roster of employees and a description of the employee training program. The employee training program shall include health, sanitation, safety, crowd management, maintenance and evacuation training. Employees shall be in recognizable uniform, shirt or jacket.

K.   Food/Sanitarian Inspection Report: A copy of the most recent Ramsey County Department of Health Food/Sanitarian inspection report shall be submitted with license application. It shall include all actions taken to comply with the inspection reports.

L.    License Fees: License fees, as per Chapter 301 of the City Code, shall cover all annual City administration and life/safety expenses and inspections.

M.   Noise: Noise levels from machinery or customers shall be identified in a noise plan. Such noise shall not cause a disturbance to adjacent and surrounding uses which would cause the normal operation of said uses to be damaged or unreasonably disturbed. (Ord. 1144, 6-13-94)


 

CHAPTER 304
LAWFUL GAMBLING

 

SECTION:

 

304.01:        Lawful Gambling Permitted

304.02:        Number of Licenses and Permits

304.03:        Approval of Licenses

304.04:        Contributions

304.05:        Law Enforcement and Administrative Costs

304.06:        Gambling Exempt from State Licensing Requirements

304.07:        Video Games of Chance

304.01: LAWFUL GAMBLING PERMITTED:

Lawful gambling as regulated in Minnesota statutes chapter 349 is permitted in the city if the organization conducting such activities meets the following criteria:

A.    Is licensed by the Minnesota gambling control board.

B.    Is a tax exempt organization pursuant to 501(c) of the internal revenue code or has a 501(c) application pending with the internal revenue service.

C.    Maintains an address within the city.

D.    Has been in existence at least three (3) consecutive years prior to the date it begins its gambling operations.

E.    Complies with all of the provisions of this chapter. (Ord. 1114, 8-24-1992)

304.02: NUMBER OF LICENSES AND PERMITS:

A.    No organization licensed pursuant to Minnesota statutes section 349.16 may conduct lawful gambling at more than one location within the city, except any organization that does not conduct bingo and has prior to April 1, 1992, operated lawfully at more than one location, may continue to operate at the locations licensed as of that date. (Ord. 1138, 4-25-1994)

B.    The maximum number of bingo hall licenses and locations issued pursuant to Minnesota statutes section 349.164 within the city shall be one. Once the bingo hall license is issued by the city, it shall be limited to the location and to the owner specified on the license. Any change of location or ownership without the approval of the city shall result in the termination of the license. (Ord. 1244, 12-18-2000)

C.    The maximum number of licensees conducting gambling at the bingo hall license location described in subsection B of this section shall be five (5).

D.    The maximum number of premises permits issued pursuant to Minnesota statutes section 349.165 in addition to one bingo hall license described in subsection A of this section shall be eight (8). The gambling allowed at those eight (8) locations shall be those allowed under class B licenses as referred to in Minnesota statutes section 349.16, subdivision 6, except as provided in subsection E of this section.

E.    An organization in existence and qualified under section 501(c)7 or section 501(c)19 of the internal revenue code and which had its principal place of business or place of conducting meetings in the city prior to and continuing since 1980 may be granted a class A premises permit.

Such organizations are not eligible for a bingo hall license as provided in Minnesota statutes section 349.164 and may conduct gambling activities or bingo only on their own property. (Ord. 1138, 4-25-1994)

304.03: APPROVAL OF LICENSES:

A.    Required Documentation: Any organization applying to the gambling control board for a premises permit, bingo hall license or for the renewal of the same to conduct lawful gambling in the city shall, within ten (10) days of making such application, file the following with the city:

1. Application: A duplicate copy of the gambling control board application along with all supporting documents submitted to the gambling control board.

2. Corporate Documents: A copy of the articles of incorporation and bylaws of the organization.

3. Officers and Directors: The names and addresses of all officers and directors of the organization.

4. Written Procedures: A copy of the organization's written procedures and/or criteria for distribution of funds derived from lawful gambling, its standardized application form and its written fiscal control procedures.

5. IRS Exempt Letter: A copy of the internal revenue service's tax exempt letter.

6. Felony Conviction: Confirmation that no employee or principal officer of the organization has been convicted of a felony. No employee or organization whose principal officers or employees have a felony conviction shall be employed or retained in a gambling-related activity by any permitted organization.

7. Investigation Reports: A copy of all records, all testimony or other information submitted to the state of Minnesota or federal government as part of any previous or current investigation or inquiry on any matter related to gambling.

B.    Investigation: Upon receipt of the materials required by subsection A of this section, and not later than sixty (60) days from receipt of notice from the gambling control board, city staff shall investigate the applicant and based upon said investigation, the City Council shall act on the application.

C.    Resolution: The action of the City Council to approve an application for a premises permit or bingo hall license within the city shall be by resolution. Failure to receive a majority affirmative vote of the City Council shall constitute a denial of the application.

D.    Additional Documents: Copies of any other reports or documents which are required to be subsequently filed by such organization with the Gambling Control Board, including monthly financial statements, shall be filed with the City within ten (10) days of filing such materials with the Gambling Control Board.

E.    Compliance: to assure compliance with this Chapter, the City may require a premises permit holder or bingo hall licensee to provide copies of  records as allowed under Minnesota Statutes.  (Ord. 1327, 10-10-05)

F.    Suspension: Approval of a premises permit issued by the City under any part of this Chapter may be suspended by the City for violation of Chapter or revoked or any renewal delayed, for failure to meet the qualifications set out in subsection A or a willful violation of any part of this Chapter or a failure to comply, for any reason, with any provision, guarantee or claim made in an applicant's original license application to either the City or the State of Minnesota.

G.    Liability of City: No license or permit issued by the City grants the licensee a property right or entitlement to the license or permit. The City may not issue, renew nor revoke the license or permit for any reason and will not incur liability for any damages including, but not limited to, direct, consequential or incidental damages, deprivation of property, loss of income, loss of profits or loss of livelihood.

H.    Employment of Certified Public Accountant: All Class A licensees and permittees in the City shall use a certified public accounting firm for all accounting, bookkeeping and tax preparation services related directly to lawful gambling and charged as an allowable expense of the gambling operation. All agreements providing for such services shall be in writing and shall be submitted to the City as part of the application for review by the City to determine compliance with local and State regulations and laws. Any such agreements entered into or modified after issuance of a license or permit shall be filed with the City prior to the new agreement or modification becoming effective. The initial approval and the continuance of a license or permit is contingent upon such agreements complying with this Chapter and State statutes and regulations.

I.     Management: All licensees and permittees in the City will assure continuous and active management of the gambling operation and will not delegate managerial responsibilities, will work continuously to operate in the most efficient manner to increase the amount of available lawful proceeds, will maintain the lowest possible costs and will encourage and use volunteers to the fullest extent possible. (Ord. 1114, 9-24-92)

304.04: CONTRIBUTIONS:

A.    Each organization conducting lawful gambling within the City shall contribute at least ten percent (10%) of its net profits derived from lawful gambling in the City to a fund administered and regulated by the City. The City then shall make disbursements to the Roseville Community Foundation, a Minnesota nonprofit corporation. This contribution shall be for the purposes defined in Minnesota Statute 349.12, subdivision 25. The City's directive to the Roseville Community Foundation as to the use of the funds shall be made at the time of the City's adoption of its annual budget or any amendments thereto.  (Ord. 1327, 10-10-05)

B.    Each organization conducting lawful gambling shall expend or contribute a minimum of seventy five percent (75%) of its net profits from Roseville gambling sites by the end of each premises permit year. The remaining percentage may be carried over to the subsequent permit or license year. The City Council may grant a variance authorizing the organization to carry over more that twenty five percent (25%) of all its net profits for expenditure in the subsequent permit or license year.

C.    In the event any organization contributes to the City any sum in excess of the ten percent (10%) as required in subsection A above, said funds will be deposited and allocated to the Roseville Community Foundation. In the event the Roseville Community Foundation is in any way unable to receive the allocated funds as set forth in subsection A above, the funds will be deposited in an interest bearing escrow account in a bank located in the City and allocated to uses by further order of the City Council. (Ord. 1114, 9-24-92)

304.05: LAW ENFORCEMENT AND ADMINISTRATIVE COSTS:

All organizations conducting lawful gambling within the City shall, within thirty (30) days of the end of each month, pay to the City an amount equal to three percent (3%) of the gross receipts from lawful gambling conducted in the City in such month, less amounts actually paid for prizes, to cover the City's law enforcement and administrative costs in regulating lawful gambling. (Ord. 1114, 9-24-92)

 

304.06: GAMBLING EXEMPT FROM STATE LICENSING REQUIREMENTS:

A.    Organizations which conduct lawful gambling which is exempt from State gambling licensing requirements may conduct such gambling within the City upon receipt of a permit from the City, except this requirement does not apply to door prizes or raffles and bingo where total prizes are less than one thousand five hundred dollars ($1,500) in a calendar year. (Ord. 1327, 10-10-05)

B.    An application for such a permit, along with a fee as prescribed by the Fee Schedule, shall be made at least thirty (30) days prior to the date such gambling is to be conducted. The application shall contain the following:

1. The name of the organization.

2. The address of the organization.

3. The place where such gambling will occur.

4. The total prizes to be awarded.

(Ord. 1327, 10-10-05)

C.    Within thirty (30) days of filing any reports with the Gambling Control Board, the organization shall file a copy of such reports with the City.

D.    The provisions relating to law enforcement and administrative costs set forth in Section 304.05 shall not apply to gambling permitted pursuant to this Section. All other provisions of this Chapter apply to such organizations. (Ord. 1114, 9-24-92)

304.07: VIDEO GAMES OF CHANCE:

"Video games of chance", as defined by Minnesota Statutes, are prohibited in the City. (Ord. 1114, 9-24-92)


 

CHAPTER 305
CHRISTMAS TREE SALES

 

SECTION:

 

305.01:        License Required

305.02:        Application

305.03:        Proration of License

305.04:        Conditions of License

305.01: LICENSE REQUIRED:

No person shall, within the City, engage in the business of trading, bartering or selling any cut evergreen, fir, spruce or other tree of like kind for what is generally known and described as a Christmas tree without first having obtained a license. (Ord. 143, 10-7-52)

305.02: APPLICATION:

Every applicant for such license shall file an application with the City Manager stating applicant's name, address and address of the place of intended sale of such trees. (Ord. 143, 10-7-52)

305.03: PRORATION OF LICENSE:

No license shall be prorated for a period of less than one year and any such license must be applied for between January 1 and December 1 of such year. (Ord. 383, 12-10-62)

305.04: CONDITIONS OF LICENSE:

A.    The application for license shall include a site plan of the premises proposed for the sales lot, including temporary shelter structures, if any.

B.    The sales lot shall be maintained in a clean and orderly condition. Cleanup, including removal of all unsold trees, must be completed by the January 5 following issuance of the license. (1995 Code)


 

CHAPTER 306
CIGARETTE AND TOBACCO PRODUCTS

 

SECTION:

 

306.01:        Definitions

306.02:        License Required

306.03:        Application

306.04:        Prohibited Sales

306.05:        Identification

306.06:        Violations

306.07:        Appeal

306.01: DEFINITIONS:

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

INDIVIDUALLY PACKAGED: Any package containing only one individually wrapped item. Included are single packs of cigarettes or single cans or containers of tobacco related products. Not included are cartons containing two (2) or more individually packaged packs of cigarettes or similar packages containing multiple cans or containers of tobacco related products.

SELF SERVICE MERCHANDISING: An open display of tobacco products which the public has access to without the intervention of an employee.

TOBACCO RELATED PRODUCT: Cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready, rubbed and other smoking tobacco, snuff, snuff flower, Cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scrips, clippings, cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. (Ord. 1133, 1-24-94)

306.02: LICENSE REQUIRED:

No person shall keep for retail sale or sell at retail any tobacco product as defined in this Chapter without a license. (Ord. 1133, 1-24-94)

306.03: APPLICATION:

The application shall state the full name and address of the applicant, the location of the building and the part to be used by the applicant under the license, the kind of business conducted at such location and such other information as shall be required by the application form. (Ord. 1133, 1-24-94)

306.04: PROHIBITED SALES:

No person shall sell or give away any tobacco related product to any person under the age of eighteen (18) years, no person shall sell or dispense any tobacco product through the use of a vending machine, and it shall be unlawful for any person to offer for sale any individually packaged tobacco related product by means of self-service merchandizing. All sales must be made in such a manner that require the vendee to specifically ask for the tobacco product and all other sales are unlawful. (Ord. 1133, 1-24-94)

306.05: IDENTIFICATION:

Any person who sells a tobacco product must require identification if such person has any reason to believe that the purchaser is less than eighteen (18) years of age. (Ord. 1133, 1-24-94)

306.06: VIOLATIONS:

A.    Misdemeanors: Any person who violates this Chapter shall be guilty of a misdemeanor.

B.    Penalty for Noncompliance: In addition to any criminal penalties which may be imposed by a court of law, the City Manager may suspend or revoke a license on a finding that the license holder or its employee has failed to comply with this Chapter.

C.    Minimum Penalty: In no event shall a penalty be less than:

1. For a first violation, the mandatory minimum penalty shall be the administrative penalty imposed pursuant to City Code Section 102.01C.

2. For a second violation in twelve (12) months the mandatory minimum penalty shall be suspension for two (2) days.

3. For a third violation in twelve (12) months the mandatory minimum penalty shall be suspension for five (5) days.

D.    Hearing and Notice: Revocation or suspension of a license shall be preceded by a hearing before the City Manager. A hearing notice shall be given at least ten (10) days prior to the hearing, including notice of the time and place of the hearing and shall state the nature of the charges against the licensee. (Ord. 1133, 1-24-94)

306.07: APPEAL:

The aggrieved party may appeal the decision of the City Manager within ten (10) days of receiving notice of the City's action. The filing of an appeal stays the action of the City Manager in suspending or revoking a license until the City Council makes a final decision. The City Council may modify the suspension or revocation. (Ord. 1133, 1-24-94)


 

CHAPTER 307
CONSTRUCTION LICENSES AND BONDS

 

SECTION:

 

307.01:        Licenses Required

307.02:        Fee

307.03:        Commercial General Contractors

307.04:        Qualifications

307.05:        Revocation or Suspension

307.06:        Period of Suspension

307.07:        Revocation Upon Violations

307.08:        Failure to Pay Claim

307.09:        Liability Insurance

307.01: LICENSES REQUIRED:

Licensing is required for all residential building and remodeling contractors who provide only one service and all commercial building and remodeling contractors who are not required to have a State license. (1995 Code)

A.    Cement work, cement block work, cement block laying or brick work.

B.    General construction including erection, alteration or repair of building.

C.    Demolition of buildings.

D.    Plastering, outside stucco work or lathing and dry wall.

E.    Heating.

F.    Gas installation including heating, appliances, devices or machinery, etc.

G.    Sign and billboard erecting.

H.    Excavators (for basements, foundations, grading of lots, etc.). (Ord. 487, 4-11-66; amd. 1990 Code)

I.     Water and sewer excavating, installation and connection.

J.     Tree removal.

K.   Ventilation system cleaning. (Ord. 906, 5-10-82)

Residential general contractors, roofing contractors and manufactured housing installers must be licensed by the Minnesota Department of Commerce. (1995 Code)

307.02: FEE:

The fee for each license shall be paid annually. The required fee will be in an amount set by the Council. (Ord. 801, 3-14-77; amd. 1995 Code)

307.03: COMMERCIAL GENERAL CONTRACTORS:

A.    A license granted to a general contractor shall include the right to perform all of the work included in his/her general contract. Such license shall include any or all of the persons performing the work which is classified and listed in Section 307.01, providing that each person performing such work is in the regular employ of such general contractor and qualified under State law and the provisions of this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed.

B.    Subcontractors on any work shall be required to comply with the Sections of this Code pertaining to license, bond, qualifications, etc. for their particular type of work. (Ord. 190, 7-20-54; amd. 1995 Code)

307.04: QUALIFICATIONS:

Each applicant for a license shall satisfy the Chief Code Enforcement Officer that he/she is competent by reason of education, special training and experience, and that he/she is equipped to perform the work for which a license is requested. (Ord. 190, 7-20-54; amd. 1995 Code)

307.05: REVOCATION OR SUSPENSION:

The Council may suspend or revoke the license of any person licensed under this Code who violates any of its provisions   or whose work is found to be improper, defective or so unsafe as to jeopardize life or property. The person holding such license shall be given twenty (20) days' notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the legal address of the licensee and he/she fails or refuses to appear at the hearing, his/her license will be automatically suspended or revoked five (5) days after date of hearing. (Ord. 190, 7-20-54)

307.06: PERIOD OF SUSPENSION:

When a license is suspended, the period of suspension shall be not less than thirty (30) days or more than one year, such period being determined by the Council. (Ord. 190, 7-20-54)

307.07: REVOCATION UPON VIOLATIONS:

When any person holding a license has been convicted for a second time by a court of competent jurisdiction for violation of any of the provisions of this Code, the Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one year. (Ord. 190, 7-20-54)

307.08: FAILURE TO PAY CLAIM:

The failure to pay within sixty (60) days, any legitimate claim the City may have against a contractor shall constitute a cause for revocation of license. (Ord. 233, 7-23-57)

307.09: LIABILITY INSURANCE:

A.    Any person holding a license under Section 307.01 shall file with the Manager policies of public liability and property damage which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days' written notice to the City.

B.    Public liability insurance shall not be less than one hundred thousand dollars ($100,000.00) for injuries including accidental death to any one person, and subject to the same limit for each person in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one accident and property damage insurance in the amount of not less than one hundred thousand dollars ($100,000.00) for each accident and not less than one hundred thousand dollars ($100,000.00) aggregate. No work shall be done under license until said insurance policies shall have been filed and approved by the City Manager. (Ord. 897, 1-25-82)


 

CHAPTER 308
CONVERSATION PARLORS

 

SECTION:

 

308.01:        Definitions

308.02:        License Required

308.03         License Fee

308.04:        Application

308.05:        Granting, Denying or Revocation of Licenses

308.06:        Construction and Maintenance Requirements

308.07:        Inspection

308.08:        Identification

308.09:        Business Hours

308.10:        Rules and Regulations

308.01: DEFINITIONS:

For the purpose of this Chapter, a "conversation parlor" shall mean any establishment advertising, offering or selling the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, regardless of whether other goods or services are also simultaneously advertised, offered or sold, and regardless of whether those other goods or services are also required to be licensed. The term conversation parlor shall not include bona fide legal, medical, psychiatric, psychological or counseling services by a person or firm appropriately licensed, nor shall it include bona fide educational institutions or panels, seminars or other similar services offered by such institutions, nor shall it include churches or synagogues. (Ord. 793, 9-20-76)

308.02: LICENSE REQUIRED:

No person shall engage in the business of operating a conversation parlor in the City without a license. (Ord. 793, 9-20-76)

308.03: LICENSE FEE:

The annual license fee[6] shall be ten thousand dollars ($10,000.00). (Ord. 793, 9-20-76)

308.04: APPLICATION:

The initial application for a license shall be made by completing an application form provided by and containing such information as is required by the City Manager. A separate license shall be obtained for each separate place of business. (Ord. 793, 9-20-76)

308.05: GRANTING, DENYING OR REVOCATION OF LICENSES:

A.    Licenses may be granted only in the appropriate zone to be determined by the City Council and laws and ordinances of the City.

B.    Licenses may be denied or revoked if the premises of the conversation parlors do not meet the requirements of the City Council and of the building, safety and sanitation regulations of the City and the State of Minnesota.

C.    Licenses may be denied or revoked if there is any fraud or deception involved in the license application.

D.    Licenses may be denied or revoked if the applicant or persons in applicant's employ are not complying with, or have a history of, violations of the laws and ordinances that apply to health, safety or moral turpitude.

E.    An application may be denied if the City Council determines that the issuance of such a license would be detrimental to the health, welfare or safety of the citizens of the City. (Ord. 793, 9-20-76; amd. 1995 Code)

308.06: CONSTRUCTION AND MAINTENANCE REQUIREMENTS:

A.    Construction Materials: All conversation parlors and all rest rooms and bathrooms used in connection with such conversation parlor shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth.

B.    Required Equipment: All rest rooms used in connection with conversation parlors shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a minimum of fifteen (15) foot-candles of illumination, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser.

C.    Janitor's Closet: Each conversation parlor establishment shall have a janitor's closet, which shall be provided for the storage of cleaning supplies. Such closet shall have mechanical ventilation with two (2) cfm per square foot of floor area and a minimum of ten (10) foot-candles of illumination. Such closet shall include a mop sink.

D.    Sanitary Conditions: Floors, walls and equipment in conversation parlors and rest rooms must be kept in a state of good repair, and sanitary at all times.

E.    Locked Doors Prohibited: Doors to all rooms inside a conversation parlor shall not be locked or capable of being locked. (Ord. 793, 9-20-76)

308.07: INSPECTION:

During business hours, all conversation parlors shall be open to inspection by City Building and License Inspectors, Health Authority and police officers. (Ord 793, 9-20-76)

308.08: IDENTIFICATION:

Upon demand by any police officer, any person engaged in providing services in any licensed premises shall identify themselves giving their true legal name and correct address. (Ord. 793, 9-20-76)

308.09: BUSINESS HOURS:

No customers or patrons shall be allowed to enter the licensed premises after one o'clock (1:00) A.M. and before eight o'clock (8:00) A.M. daily. No customers or patrons shall be allowed to remain upon the licensed premises after two o'clock (2:00) A.M. and before eight o'clock (8:00) A.M. daily. (Ord. 793, 9-20-76)

308.10: RULES AND REGULATIONS:

A.    License shall be granted only to establishments which meet the safety and sanitary requirements of the applicable building, housing, health and safety code regulations of the City and the State of Minnesota.

B.    It shall be grounds for denial or revocation of a license if the applicant or persons in applicant's employ violate City ordinances or the laws of the State of Minnesota on the premises.

C.    It shall be grounds for rescinding a license granted to any person under this Chapter if the owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverage or of a narcotic drug or controlled substance on the premises, the possession of which is illegal as defined by Minnesota Statutes[7] or by rules of the City Code.

D.    All employees and customers of the establishment shall at all times have their breasts, buttocks, genitals and anus covered by a nontransparent material. (Ord. 793, 9-20-76)


 

CHAPTER 309
MASSAGE THERAPY ESTABLISHMENTS

 

SECTION:

 

309.01:        Definitions

309.02:        License for Massage Therapy Establishment

309.03:        Granting, Denying or Rescinding of Licenses

309.04:        Practice of Massage Therapy Only by Licenses Persons

309.05:        Revocation or Suspension of License

309.06:        Restrictions and Regulations

309.07:        Violations, Penalty

309.01: DEFINITIONS:

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

CHAIR MASSAGE:  A massage provided to a fully-clothed individual, and limited to the neck, shoulders, arms, and back, where the massage is not provided in a massage therapy establishment; and provided the individual giving the massage meets the requirements specified in Section 309.04 (A).  (Ord. 1329, 11-14-05)

MASSAGE THERAPIST: A person who practices massage therapy.

MASSAGE THERAPY: The rubbing, stroking, kneading, tapping or rolling of the body with the hands or other parts of the body for the exclusive purposes of relaxation, physical fitness or beautification and for no other purpose.

The practice of massage therapy is hereby declared to be distinct from the licensed practice of medicine, osteopathy, chiropractic, physical therapy, podiatry and nursing, as well as athletic coaches and trainers. Persons engaged in those professions are exempt from the provisions of this Chapter.

MASSAGE THERAPY ESTABLISHMENT: Any room, or premise wherein a person may receive a massage from a massage therapist for a fee; where massages are given on more than 14 calendar days in any given calendar year. (Ord. 1329, 11-14-05)

SANITARY: Free from the vegetative cells of pathogenic microorganisms. (Ord. 1142, 6-13-1994)

309.02: LICENSE FOR MASSAGE THERAPY ESTABLISHMENT:

A.    License Required: No person shall engage in the business of operating a massage therapy establishment within the City without first having obtained the required license.

B.    Application Fee: The initial application for a license shall be made by completing an application form provided by and containing such information as required by the City Manager and by paying a nonrefundable application fee, as specified in the Fee Schedule. (Ord. 1329, 11-14-05)

C.    Separate License Required Fee: A separate license shall be obtained for each place of business, the fee for which shall be as specified in the Fee Schedule. (Ord. 1329, 11-14-05)

309.03: GRANTING, DENYING OR RESCINDING OF LICENSES:

A.    Zoning Compliance: Massage Therapy Establishment licenses may be granted only to establishments associated with and operating within the confines of and incidental to a properly zoned beauty parlor (salon), health club, office, shopping mall, or similar areas open to the public. (Ord. 1329, 11-14-05)

B.    Building, Safety and Sanitation Regulations: Licenses may be denied or rescinded if the premises of the massage therapy establishments do not meet the requirements of the City Council, and of the building, safety and sanitation regulations of the City and State.

C.    Fraud or Deception: Licenses may be denied or rescinded if there is any fraud or deception involved in the license application.

D.    History of Violations: Licenses may be denied or rescinded if the applicant, licensee or employee of the same fails to comply with, or have a history of violations of the laws or ordinances which apply to health, safety or moral turpitude.

E.    Additional Conditions: The City Council may attach such reasonable conditions to the license as it, in its sole discretion, deems to be appropriate. (Ord. 1142, 6-13-1994)

(Ord. 1283, 6-16-03)

309.04: PRACTICE OF MASSAGE THERAPY ONLY BY LICENSED PERSONS:

A.    Application For License: Any person or business desiring to be licensed as a massage therapy establishment shall file an application on forms provided by the City Manager. The application shall contain such information as the City Manager may require, including: (Ord. 1329, 11-14-05)

1. The applicant's full name, address, social security number and written proof of age.

2. The name and address of the licensed massage therapy establishment by which the applicant expects to be employed.

3. A statement concerning whether the person has been convicted of or entered a plea of guilty to any crime or ordinance violation and, if so, information as to the time, place and nature of such crime or offense.

4. Proof that the applicant meets the following educational requirements:

a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or

b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency or is licensed by the State or local government agency having jurisdiction over the school.

c. Each applicant shall also furnish proof at the time of application of a minimum of six hundred (600) hours of successfully completed course work in the following areas:

(1) The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu and/or foot reflexology techniques; and

(2) Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and

(3) Hygiene.

B.    Fee: The annual license fee for a massage therapist is specified in the Fee Schedule. (Ord. 1329, 11-14-05)

C.    Review of Application: License applications shall be reviewed by the Police Department.

D.    Denial of Application: The license application may be denied for any of the following reasons:

1. Fraudulent Statements: The application contains false, fraudulent, or deceptive statements.

2. Prior Conviction: The applicant has been convicted of or entered a plea of guilty within the previous three (3) years to a violation of this Chapter or of any other law regulating the practice of massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct or keeping of a disorderly house.

3. Noncompliance: The applicant has not complied with a provision of this Chapter.

4. Underage: The applicant is less than eighteen (18) years of age. (Ord. 1142, 6-13-94)

309.05: REVOCATION OR SUSPENSION OF LICENSE:

A license may be revoked or suspended for any of the following reasons:

A.    Application Fraud: Fraud, deception or misrepresentation in connection with the registration application.

B.    Violation of Chapter: A violation of any provision of this Chapter.

C.    Criminal Conviction: Conviction of a criminal sexual conduct, prostitution, pandering, indecent conduct or keeping a disorderly house.

D.    Conviction Arising out of Practice of Massage Therapy: Conviction of any crime or ordinance violation arising out of the practice of massage therapy.

E.    Lack of Skill: Exhibition of a demonstrable lack of skill in the practice of massage therapy. (Ord. 1142, 6-13-94)

309.06: RESTRICTIONS AND REGULATIONS:

A.    Display of License: Any person registered as a massage therapist hereunder shall display such license, or a true copy thereof, in a prominent place at such person's place of employment.

B.    Identification: Upon demand of any police officer at the place of employment, any person licensed hereunder shall produce correct identification, identifying himself/herself by his/her true legal name and correct address.

C.    Inspection: During business hours, all massage therapy establishments shall be open to inspection by City Building and License Inspectors, Health Officers and police officers.

D.    Therapist, Change of Location: Any person licensed hereunder shall practice massage only at such location or locations as are designated in the license. Any person registered hereunder shall inform the City Manager, in writing, of any change in location prior to its occurrence.

E.    Hours: No customers or patrons shall be allowed to enter or remain on the licensed premises after nine o'clock (9:00) P.M.  or before eight o'clock (8:00) A.M. daily.

F.    Alcohol or Drugs Prohibited: No beer, liquor, narcotic drug or controlled substance, as such terms are defined by State statutes or the City Code shall be permitted on licensed premises.

G.    Violation of Building, Safety or Health Regulations: Violation of any law or regulation relating to building, safety or health shall be grounds for revocation or any license.

H.    Locks on Doors: There shall be no locks on doors of massage rooms.

I.     Appropriate Covering Required:

1. Patron: Whenever a massage is given, it shall be required by the massage therapist that the person who is receiving the massage shall have her breasts and his/her buttocks and genitals covered with a nontransparent material.  For purposes of receiving a chair massage, patrons must stay fully-clothed at all times. (Ord. 1329, 11-14-05)

2. Therapist: Any massage therapists performing any massages shall at all times have her breasts and his/her buttocks and genitals covered with a nontransparent material. (Ord. 1142, 6-13-94)

J.    With the exception of chair massages, all other types of massages shall take place in        a private room subject to the conditions and restrictions noted above. (Ord. 1329, 11-14-05)

309.07: VIOLATIONS, PENALTY:

Every person who violates this Chapter is guilty of a misdemeanor. (Ord. 1142, 6-13-94)


 

CHAPTER 310
MISCELLANEOUS LICENSE SECTION

Section:

 

310.01:        License Required

310.01: LICENSE REQUIRED:

No person shall conduct or engage in any of the following businesses or activities without first obtaining a license:

A.    Firearm Sales: Businesses in which there is sold any handgun, rifle, shotgun or similar firearm.

B.    Veterinary Hospital: A facility for the care and treatment of animals within the City. (Ord. 597, 4-28-69; amd. 1995 Code)

C.    Gasoline Stations: Any place, building, pump or device maintained and used for the main purpose of selling or dispensing gasoline or other oils for use in motor vehicles of any kind.

D.    Private Gasoline Pumps: Pumps from which gasoline or other fuel for internal combustion engines is dispensed into a vehicle for private use and not sold to the public.

E.    Theaters: Any place, either within a building or in the open air, where moving pictures, film pictures or other pictures are displayed and an admission charge is made. (1995 Code)


 

CHAPTER 311
PAWNBROKERS AND PRECIOUS METAL DEALERS

 

SECTION:

 

311.01:        Purpose

311.02:        Definitions

311.03:        License Required

311.04:        Application for License

311.05:        Investigation by Police Department

311.06:        Term of License and Renewals

311.07:        License Fees

311.075:       Billable Transaction Fees

311.076:       Bond Required

311.08:        Ineligible Persons and Locations

311.09:        Requirements of Licensees

311.10:        Alarm System Required

311.11:        Suspension or Revocation of License

311.12:        Prohibited Acts

311.13:        Adoption of Statutes by Reference

311.01: PURPOSE:

The City Council finds that pawnbrokers and precious metal dealer regulation is appropriate because such activities 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 of such activities is warranted because customers of such businesses frequently seek their services during times of desperate financial circumstances.

To help the police department better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this chapter also implements and establishes the required use of the automated pawn system (APS). (Ord. 1275, 11-18-2002)

311.02: DEFINITIONS:

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

ACCEPTABLE IDENTIFICATION: Acceptable forms of identification are a current valid Minnesota driver's license, a current valid Minnesota identification card, or a current valid photo driver's license or identification card issued by another state or province of Canada.

BILLABLE TRANSACTIONS: Every reportable transaction conducted by a pawnbroker, except renewals, redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee's possession.

ISSUING AUTHORITY: The City of Roseville.

ITEM CONTAINING PRECIOUS METAL: An item made in whole or in part of metal and containing more than one percent (1%) by weight of silver, gold or platinum.

MINOR: Any natural person under the age of eighteen (18) years.

PAWNBROKER: A person who loans money on deposit or pledge of personal property or other valuable thing or who deals in the purchasing of personal property or other valuable thing on condition of selling that same thing back again at a stipulated price or who loans money secured by chattel mortgage or 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 chapter shall be applicable. Pawnbroker does not include businesses or persons who engage in transactions in which a used or secondhand item is exchanged for a new item and the value of the new item exceeds the value of the secondhand item, or who buys and sells used goods or equipment of a specialized nature such as exercise or sporting equipment, or children's clothes. A bank, savings and loan association or credit union shall not be deemed a pawnbroker for purposes of this chapter.

PAWNSHOP: Any business establishment operated by a pawnbroker.

PERSON: 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.

PRECIOUS METAL DEALER: 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:

A. Transactions at occasional "garage" or "yard" sales, or estate sales or auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of Minnesota statutes, sections 325F.734 to 325F.742, for these transactions.

B. Transactions regulated by Minnesota statutes, chapter 80A.

C. Transactions regulated by the federal commodity futures commission act.

D. Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps or dust from an industrial manufacturer, dental lab, dentist or agent thereof.

E. Transactions involving the purchase of photographic film such as lithographic and x-ray film or silver residue or flake covered in lithographic and x-ray film processing.

F. Transactions involving coins or bullion in ingots.

G. 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 section must comply with the requirements of Minnesota statutes, sections 325F.734 to 325F.742.

H. Transactions between precious metal dealers if both dealers are licensed under Minnesota statutes, section 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 Minnesota statutes, section 325F.733.

I. 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 two thousand five hundred dollars ($2,500.00) for secondhand items containing precious metals purchased within any period of twelve (12) consecutive months.

 

PRECIOUS METALS: Silver, gold or platinum.

REDEMPTION PERIOD: The date by which an item of property that has been pawned must be redeemed by the pledger without risk that the item will be sold. Such date must be a day on which the pawnbroker or precious metal dealer is open for regular business.

REPORTABLE TRANSACTION: Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended, or for which a unique transaction number or identifier is generated by their point of sale software, is reportable, except:

A. The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record.

B. Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. (Ord. 1275, 11-18-2002)

311.03: LICENSE REQUIRED:

No person shall 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 section to be a pawnbroker or precious metal dealer, respectively. (Ord. 1275, 11-18-2002)

311.04: APPLICATION FOR LICENSE:

Every application for license under this section, whether for a natural person, partnership, corporation or other organization, shall be made on a form supplied by the city and shall contain all information as required on that form by law.

All applications for a license under this chapter shall be signed and sworn to under oath or affirmation by applicant. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, 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.

Any falsification on a license application shall result in the denial of a license.

When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the dealer must complete and submit the appropriate application within fourteen (14) days. The manager shall be subject to the investigation required by section 311.05 of this chapter, and to payment of the investigation fee required by this chapter, which shall be paid in advance.

The designation of a new manager shall not cause the license to become invalid before a decision is rendered, provided proper notice and application are made by the applicant. A proposed new manager shall be referred to as the interim manager. In the event an interim manager is rejected, the licensee shall designate another interim manager and make the required application within fourteen (14) days of the decision. If a proposed manager is rejected, the decision may be appealed to the City Council by filing a written notice of appeal with the city manager within ten (10) days after being notified of the rejection. (Ord. 1275, 11-18-2002)

311.05: INVESTIGATION BY POLICE DEPARTMENT:

A.    Investigation and Report: All applications shall be referred to the police department for verification and investigation of the facts set forth in the application. The police department shall make a written report and recommendation to the City Council as to issuance or nonissuance of the license. The City Council may order and conduct such additional investigation as it deems necessary.

B.    Cost of Investigation; Deposit: An applicant for any license under this section shall deposit with the city, at the time an original application is submitted, five hundred dollars ($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 section. If the investigation and verification process is conducted outside the state of Minnesota, the city may require the actual investigation costs not exceeding one thousand five hundred dollars ($1,500.00). (Ord. 1275, 11-18-2002)

311.06: TERM OF LICENSE AND RENEWALS:

A.    Term: All licenses issued through this section shall be for a period of twelve (12) months beginning January 1, prorated on a monthly basis.

B.    Renewal: A license under this section will not be renewed:

1. If the City Council determines that the licensee has failed to comply with the provisions of this chapter in a preceding license year.

2. There would be sufficient grounds not to issue a license in the first instance. (Ord. 1275, 11-18-2002)

311.07: LICENSE FEES:

The license application fees for pawnbrokers' and precious metal dealers' licenses shall be as set forth in section 301.03 of this title. (Ord. 1275, 11-18-2002)

311.075: BILLABLE TRANSACTION FEES:

A.    Licensees shall pay a monthly transaction fee on all billable transactions as set forth in section 301.03 of this title. Such fee shall be due and payable within thirty (30) days. Failure to timely pay the billable transaction fee shall constitute a violation of this chapter. (Ord. 1275, 11-18-2002)

311.076: BOND REQUIRED:

At the time of filing an application for a license, the applicant shall file a bond in the amount of ten thousand dollars ($10,000.00) with the city. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the city attorney. The bond must be conditioned on the licensee observing all ordinances of the city and all laws relating to the business of pawnbroker or precious metal dealer, and the licensee accounting for and delivering to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or precious metal dealer, or in lieu thereof such licensee paying the person or persons the reasonable value thereof. The bond shall contain a provision that it may not be canceled without thirty (30) days' advance written notice to the licensing authority. (Ord. 1275, 11-18-2002)

311.08: INELIGIBLE PERSONS AND LOCATIONS:

A.    Ineligible Persons: No licenses under this chapter shall be issued to an applicant who is a natural person, general or managing partner, manager, proprietor or agent if such applicant:

1. Is a minor at the time the application is filed;

2. Has been convicted of any offense related to the occupation licensed or involving moral turpitude;

3. Is not a citizen of the United States or a resident alien;

4. Is not of good moral character or repute;

5. Holds an intoxicating liquor license under this code;

6. Has had a pawnbroker or precious metal dealer license revoked elsewhere; or

7. Other good and sufficient reason in the sole discretion of the City Council.

B.    Ineligible Locations: The following locations shall be ineligible for licenses under this chapter:

       1. No license shall be granted or renewed for operation on any property on which taxes, assessments or other financial claims of the state, county, school district or city are due, delinquent or unpaid.

       2. No license shall be granted or renewed if the property on which the business is to be conducted is owned or controlled by a person who is ineligible for a license.

       3. The property is not properly zoned.

C.    Multiple Brokers or Dealers Prohibited: No license shall be issued for multiple pawnbrokers or precious metal dealers at one location. (Ord. 1275, 11-18-2002)

311.09: REQUIREMENTS OF LICENSEES:

A.    Record Keeping: All licensees shall maintain a computerized system for the creation, maintenance, and storage of transactional records regarding licensed activities. At the time of a receipt of an item of property, whether purchased or pawned, the pawnbroker or precious metal dealer shall immediately record, on computer disc or if the computer is temporarily unavailable in a book or journal which has page numbers that are preprinted and in an indelible ink, the following information:

1. Description of Item: An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand, brand name or other identifying mark on such item;

2. Date and Time: The date and time the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. Transaction identifiers must be consecutively numbered;

3. Description of Person: The name, address, residence phone number, date of birth, and accurate description including: sex, height, weight, race, color of eyes and color of hair of the person from whom the item of property was received;

4. Identification Number: The identification number and state or nation of issue from any of the following forms of identification of the person from whom the item of property was received:

a. A valid driver's license;

b. A valid state or national picture identification;

5. Price: The price of the item paid and whether the item was purchased or pawned;

6. Fees: A list of all fees and charges which the transaction may be subject to;

7. Statement: A signed statement from the person from whom the item of property is received that there are no liens on the item, that it is not stolen and that the person has the right to sell it.

8. Photograph or Video Recording: The licensee must also take a color photograph or color video recording of:

a. Each customer involved in a billable transaction.

b. Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.

The photograph taken must be at least two inches (2") in length by two inches (2") in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the chief of police, or the chief's designee, upon request. The major portion of the photograph must include an identifiable front facial close up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for four (4) months, and furnish it to the police department upon request.

9. Digitized Photographs: Effective sixty (60) days from the date of notification by the police department licensees must fulfill the color photograph requirements by submitting them as digital images, in a format specified by the issuing authority, electronically cross referenced to the reportable transaction they are associated with.

10. Renewals, Extensions and Redemptions: For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, the type of transaction, interest charges accrued, and any amount paid for the transaction or the article. When an article of purchased or forfeited property is sold or disposed of by a licensee the records shall contain an account of such sale with the date, the amount for which the article was sold, and the full name, current address, and telephone number of the person to whom sold.

B.    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 police department or other representative of the city.

The information required in this section shall be retained by the pawnbroker or precious metal dealer for at least five (5) years. Entries of required digital images shall be retained a minimum of one hundred twenty (120) days.

C.    Daily Reports to Police Are Required: The pawnbroker or precious metal dealer shall submit daily to the police department all information required by this section regarding every reportable transaction by transferring it from their computer to the automated pawn system. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority using procedures that address security concerns of the licensees and the issuing authority. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the police department daily.

D.    Data Transfer Failures:

1. If a licensee is unable to successfully transfer the required reports by electronic means, the licensee must provide the police department printed copies of all reportable transactions along with the videotape(s) for that date, by twelve o'clock (12:00) noon the next business day;

2. If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports and must be charged a fifty dollar ($50.00) reporting failure penalty, daily, until the error is corrected; or

3. If the problem is determined to be outside the licensee's system, the licensee must provide the required reports and resubmit all such transaction via modem when the error is corrected.

4. If a licensee is unable to capture, digitize or transmit the photographs required by this chapter, the licensee must immediately take all required photographs with a still camera, cross reference the photographs to the correct transaction, and make the pictures available to the police department upon request.

5. Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed.

6. The police department may, upon presentation of extenuating circumstances by the licensee, delay the implementation of the daily reporting penalty imposed by this section.

E.    Police Order to Hold Property: Whenever the city police department 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 police department.

F.    Holding Period of Pawnbrokers: Any item sold or pawned to a pawnbroker for which a report to the police is required under subsection C of this section shall not be sold or otherwise transferred for sixty (60) days after the date of the sale or pawn. However, an individual may redeem an item pawned seventy two (72) hours after the item was received on deposit by the pawnbroker, excluding Sundays and legal holidays.

G.    Receipt: The pawnbroker or precious metal dealer shall provide a receipt to the seller or pledger of any item of property received, which shall include:

1. The name, address and phone number of the pawnbroker or precious metal dealer business.

2. The date on which the item was received by the pawnbroker or precious metal dealer.

3. A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold.

4. The signature of the pawnbroker or precious metal dealer or agent.

5. The last regular business day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item on that date.

6. The annual rate of interest charged on pawned items received.

7. The name, address, and signature of the seller or pledger.

H.    Hours of Operation: No pawnbroker or precious metal dealer shall be open for the transaction of business on any day of the week before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M.

I.     Minors: The pawnbroker or precious metal dealer shall not purchase or receive personal property of any nature on deposit or pledge from any minor.

J.     Inspection of Items: The pawnbroker or precious metal dealer shall at all times during the term of the license allow the city police department to enter the premises where the pawnbroker or precious metal 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.

K.   License Display: A license issued under this section 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.

L.    Maintenance of Order: A licensee under this section shall be responsible for the conduct of the business being operated and shall maintain conditions of order.

M.   Prohibited Goods: No licensee under this section shall accept any item of property which contains an altered or obliterated serial number or "operation identification" number or any item of property whose serial number has been removed.

N.   Payment by Check: Payment of more than two hundred fifty dollars ($250.00) by a licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft, or other negotiable or nonnegotiable instrument which is drawn against funds held by a financial institution. This policy must be posted in a conspicuous place in the premises.

O.   Holding Period for Precious Metal Dealers: Any item received by a precious metal dealer for which a report to the police is required under subsection C of this section shall not be sold or otherwise transferred for two (2) weeks after the date of the sale.

P.    Storage Sites: 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 records pursuant to subsection A of this section. 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 chapter. Oversized items may not be stored in parking lots or other outside areas. All provisions in this section regarding record keeping and reporting shall apply to oversized items.

Q.   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 section shall sell any items which are transferred from a nonlicensed facility or a licensed facility outside the city. (Ord. 1275, 11-18-2002)

311.10: ALARM SYSTEM REQUIRED:

An alarm system, professionally installed and approved by the city manager or his/her designee, must be installed at the licensed premises. (Ord. 1275, 11-18-2002)

311.11: SUSPENSION OR REVOCATION OF LICENSE:

A.    Violation: The City Council may suspend or revoke a license issued under this chapter upon a finding of a violation of: 1) any of the provisions of this chapter; 2) any state statute regulating pawnbrokers or precious metal dealers; 3) any state or local law relating to moral character and repute. 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.    Notice; Hearing: 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 (8) 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 thirty (30) 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. (Ord. 1275, 11-18-2002)

311.12: PROHIBITED ACTS:

A.    No pawnbroker or precious metal dealer licensed under this chapter 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 pledger, 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 or purchase property from a minor;

6.  Accept for pawn, sale or consignment any article or property if the article or property belongs to another, of if another person has a security interest in the property; or

7.  Receive any article or property from a person of unsound mind or an intoxicated person.

B.    No person shall:

1. Pawn, pledge, sell, assign, lease or deposit with a pawnbroker or precious metal dealer any article of property not their own, or any article of property in which another person has a security interest.

2. Give false or fictitious name, date of birth, address, telephone number, or identification card to a pawnbroker or precious metal dealer.(Ord. 1275, 11-18-2002)

(Ord. 1319, 04-25-2005)

311.13: ADOPTION OF STATUTES BY REFERENCE:

Minnesota statutes, sections 325J.01 et seq., 1996, are hereby adopted by reference. Wherever this chapter is more restrictive than said statutes, this chapter will control. Wherever said statutes are more restrictive than this chapter, said statutes shall control. (Ord. 1275, 11-18-2002)


 

CHAPTER 312
LOCAL LODGING TAX

SECTION: 

 

312.01:        Definitions

312.02:        Imposition of Tax

312.03:        Collections

312.04:        Exemptions

312.05:        Advertising No Tax

312.06:        Payments and Returns

312.07:        Examination of Return, Adjustments, Notices and Demands

312.08:        Refunds

312.09:        Failure to File a Return

312.10:        Penalties

312.11:        Administration of Tax

312.12:        Examination of Records

312.13:        Violations

312.14:        Use of Proceeds and Annual Report

312.15:        Appeals

312.16:        Effective Date       

312.01: DEFINITIONS:

As used in this chapter, the following words and terms shall have meanings given to them by this section:

CITY: The city of Roseville.

DIRECTOR: The finance director of the city.

LODGER: The person obtaining lodging from an operator.

LODGING: The furnishing for consideration of lodging by a hotel, motel, rooming house, tourist court, or resort, except where such lodging shall be for a continuous period of thirty (30) days or more to the same lodger.

OPERATOR: A person who provides lodging to others, or any officer, agent or employee of such person.

PERSON: Any individual, corporation, partnership, association, estate, receiver, trustee, executor, administrator, assignee, syndicate or any other combination of individuals. Whenever the term "person" is used in any provision of this chapter prescribing and imposing a penalty, the term as applied to a corporation, association, or partnership, shall mean the officers or partners thereof as the case may be.

RENT: The total consideration valued in money charged for lodging whether paid in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself. (Ord. 1200, 3-23-1998)

312.02: IMPOSITION OF TAX:

There is hereby imposed a tax of three percent (3%) on the rent charged by an operator for providing lodging to any person. The tax shall be stated and charged separately and shall be collected by the operator from the lodger. The tax collected by the operator shall be a debt owed by the operator to the city and shall be extinguished only by payment to the city. In no case shall the tax imposed by this section upon an operator exceed the amount of tax which the operator is authorized and required by this chapter to collect from a lodger. (Ord. 1200, 3-23-1998)

312.03: COLLECTIONS:

Each operator shall collect the tax imposed by this chapter 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. (Ord. 1200, 3-23-1998)

312.04: EXEMPTIONS:

An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the city to tax. No exemption shall be granted except upon a claim therefore made at the time the rent is collected and such a claim shall be made in writing under penalty of perjury on forms provided by the city. All such claims shall be forwarded to the city when the returns and collections are submitted as required by this chapter. (Ord. 1200, 3-23-1998)

312.05: ADVERTISING NO TAX:

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 party 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 one cent ($0.01) shall be considered an additional cent ($0.01). (Ord. 1200, 3-23-1998)

312.06: PAYMENTS AND RETURNS:

The taxes imposed by this chapter shall be paid by the operator to the city not later than twenty five (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:

A.    The total amount of rent collected for lodging during the period covered by the return.

B.    The amount of tax required to be collected and due for the period.

C.    The signature of the person filing the return or that of an agent duly authorized in writing.

D.    The period covered by the return.

E.    The amount of uncollectible rental charges subject to the lodging tax.

F.    A copy of the "Minnesota state sales and use tax return" submitted by the operator for the period covered by the return.

The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this chapter 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. (Ord. 1200, 3-23-1998)

312.07: EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS:

The director may rely upon the "Minnesota state sales and use tax return" filed by the operator with the state in determining the accuracy of a return filed under this chapter. However, the director shall be authorized to make any investigation or examination of the records and accounts of the person making the return, if the director reasonably determines that such steps are necessary for determining the correctness of the return. 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 excess shall be paid to the city within ten (10) days after receipt of a notice thereof, 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 ten (10) days after determination of such refund. (Ord. 1200, 3-23-1998)

312.08: REFUNDS:

Any person may apply to the director 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 director 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 by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the director shall credit the amount of the allowance against any taxes due under this chapter from the claimant and the balance of said allowance, if any, shall be paid by the director to the claimant. (Ord. 1200, 3-23-1998)

312.09: FAILURE TO FILE A RETURN:

A.    If any operator required by this chapter 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 (5) 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 director shall make a return or corrected return, for such person from such knowledge and information as the director 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 (5) days of the receipt of written notice and demand for such payment. Any such return or assessment made by the director 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.

B.    If any portion of a tax imposed by this chapter, including penalties thereon, is not paid within thirty (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.

C.    Upon a showing of good cause, the director 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 chapter provided that interest during such period of extension shall be added to the taxes due at the rate of ten percent (10%) per annum. (Ord. 1200, 3-23-1998)

312.10: PENALTIES:

If any tax imposed by this chapter is not paid within the time herein specified for the payment, or an extension thereof, there shall be added thereto a specific penalty equal to ten percent (10%) 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 ten percent (10%) per annum from the time such tax should have been paid until it is paid. Any interest and penalty shall be added to the tax and be collected as part thereof. (Ord. 1200, 3-23-1998)

312.11: ADMINISTRATION OF TAX:

The director shall administer and enforce the assessment and collection of taxes imposed by this chapter. The director shall cause to be prepared blank forms for the returns and other documents required by this chapter and shall distribute the same throughout the city and furnish them on application, but failure to receive or secure them shall not relieve any person from any obligation required of him or her under this chapter. (Ord. 1200, 3-23-1998)

312.12: EXAMINATION OF RECORDS:

The director and those persons acting on behalf of the director, authorized in writing by the director, may examine the books, papers and records of any operator in order to verify the accuracy of any return made, or if no return was made, to ascertain the tax as provided in this chapter. Every such operator is directed and required to give to the director, or such other authorized agent or employee, the means, facilities and opportunity for such examinations and investigations as are hereby authorized. (Ord. 1200, 3-23-1998)

312.13: VIOLATIONS:

Any person who shall willfully fail to make a return required by this chapter; 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 chapter, after written demand for such payment; or who shall refuse to permit the city to examine the books, records and papers under his or her control; or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. (Ord. 1200, 3-23-1998)

312.14: USE OF PROCEEDS AND ANNUAL REPORT:

Ninety five percent (95%) of the proceeds obtained from the collection of taxes pursuant to this chapter shall be used in accordance with Minnesota statutes section 469.190, 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. Commencing in January 2003, the Roseville Visitors Association shall, for its most recent calendar year, provide an annual year end report of its operations and its financial condition to the Roseville City Council in writing and by oral presentation at a City Council meeting. (Ord. 1259, 4-8-2002)

312.15: APPEALS:

A.    Any operator aggrieved by any notice, order or determination made by the director under this chapter may file a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and the location of the lodging subject to the order, notice or determination.

B.    The petition for review shall be filed with the city within ten (10) days after the notice; order or determination for which review is sought has been mailed or served upon the person requesting review.

C.    Upon receipt of the petition, the city manager, or the manager's designee, shall set a date for a hearing and give the petitioner at least five (5) days' prior written notice of the date, time and place of the hearing.

D.    At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at petitioner's own expense.

E.    The hearing shall be conducted by the city manager, or the manager's designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which review is sought.

F.    The person conducting the hearing shall make written findings of fact and conclusion based upon the applicable sections of this chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the director.

G.    Any decision rendered by the city manager, or the manager's designee, pursuant to this section may be appealed to the City Council. A petitioner seeking to appeal the decision must file a written notice of appeal with the city within ten (10) days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the council agenda as soon as it is practical. The council shall then review the findings of fact and conclusions to determine whether they are correct. Upon a determination by the council that the findings and conclusions are incorrect, the council may modify, reverse or affirm the decision of the city manager, or the manager's designee, upon the same standards as set forth in subsection F of this section. (Ord. 1200, 3-23-1998)

312.16: EFFECTIVE DATE:

This chapter shall be in force and effect from July 1, 1998. (Ord. 1224, 6-29-1999)


 

CHAPTER 313
MANUFACTURED HOME PARK CLOSINGS

SECTION:

 

313.01:        Purpose

313.02:        Definitions

313.03:        Notice of Closing

313.04:        Notice of Public Hearing

313.05:        Public Hearing

313.06:        Payment of Relocation Costs to Displaced Owners

313.07:        Payment of Additional Compensation to Displaced Owners

313.08:        Payment of Relocation Costs to Displaced Renters

313.09:        Penalty

313.01: PURPOSE:

In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced homeowners and renters in such parks. The purpose of this chapter is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, section 327C.095. (Ord. 1235, 2-28-2000)

313.02: DEFINITIONS:

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

 

CLOSURE STATEMENT: A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a twenty five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park.

 

DISPLACED OWNER: A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the city.

 

DISPLACED RENTER: A resident of a renter-occupied manufactured home who rents both the lot and the manufactured home in the manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the city.

 

DISPLACED RESIDENT: Displaced owner or displaced renter.

LOT: An area within a manufactured home park, designed and used for the accommodation of a manufactured home.

 

MANUFACTURED HOME: A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight feet (8’) or more in width or forty feet (40’) or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical system contained in it.

 

PARK OWNER: The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a park.

 

PERSON: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. (Ord. 1235, 2-28-2000)

313.03: NOTICE OF CLOSING:

If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the city's community development director. (Ord. 1235, 2-28-2000)

313.04: NOTICE OF PUBLIC HEARING:

Upon receipt of the closure statement, the community development director shall schedule a hearing on the proposed park closing before the city's planning commission. The city shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the city with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the city. (Ord. 1235, 2-28-2000)

313.05: PUBLIC HEARING:

A public hearing shall be held before the city planning commission for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. (Ord. 1235, 2-28-2000)

313.06: PAYMENT OF RELOCATION COSTS TO DISPLACED OWNERS:

A.    After service of the closure statement by the park owner and upon submittal by the displaced owner of a contract or other verification of relocation expenses, the park owner shall pay to the displaced owner the reasonable cost of relocating the manufactured home to another manufactured home park located within a twenty five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation. Reasonable relocation costs shall include:

1. The actual expenses incurred in moving the displaced owner's manufactured home and personal property, including the reasonable cost of disassembling, moving and reassembling sheds and any attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of the park, and utility "hook-up" charges.

2. The cost of insurance for the replacement value of the property being moved.

3. The cost of repairs or modifications that are required in order to take down, move and set up the manufactured home.

B.    If a displaced owner cannot relocate the manufactured home within a twenty five (25) mile radius of the park which is being closed or some other agreed upon distance, and the displaced owner elects not to tender title to the manufactured home, the displaced owner is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park.

C.    A displaced owner compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park.

D.    The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs.

E.    The displaced owner must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner's liability to pay relocation expenses. (Ord. 1235, 2-28-2000)

313.07: PAYMENT OF ADDITIONAL COMPENSATION TO DISPLACED OWNERS:

If a displaced owner either cannot or chooses not to relocate the manufactured home within a twenty five (25) mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the displaced owner is entitled to additional compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the additional compensation shall be an amount equal to the estimated market value or the tax assessed value of the manufactured home, whichever is greater, as determined by an independent appraiser experienced in manufactured home appraisal approved by the city. The purchaser shall pay the cost of the appraisal or shall reimburse the city for any advances it makes to such appraiser for such cost. The purchaser shall pay the additional compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Such compensation shall be paid to the displaced owners no later than the ninety (90) days prior to the earlier of closing of the park or its conversion to another use. (Ord. 1235, 2-28-2000)

313.08: PAYMENT OF RELOCATION COSTS TO DISPLACED RENTERS:

A.    After service of the closure statement by the park owner and upon submittal by the displaced renter of a contract or other verification of relocation expenses, the park owner shall pay to the displaced renter reasonable costs of relocating. Reasonable relocation costs shall include:

1. The actual expenses incurred in moving the displaced renter's personal property.

2. The cost of insurance for the replacement value of the property being moved.

3. The difference between new lot rent and closed lot rent for a period of two (2) years, if the new lot rent is greater than the old lot rent. (Ord. 1235, 2-28-2000)

313.09: PENALTY:

A.    Violation of any provision of this chapter shall be a misdemeanor.

B.    Any provisions of this chapter may be enforced by injunction or other appropriate civil remedy.

C.    The city shall not issue a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonable relocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of this chapter. Approval of any application for rezoning, platting, conditional use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this chapter. (Ord. 1235, 2-28-2000)


 

 

 

 

 

TITLE 4
HEALTH AND SANITATION


CHAPTER 401
 BURIAL OF THE DEAD

 

SECTION:

 

401.01:        Permit Required

401.02:        Prohibited Outside Cemetery

401.03:        Method of Burial

401.04:        Lands Designated as Cemeteries

401.01: PERMIT REQUIRED:

No cemetery, place of burial or crematorium of the dead human person shall be established or set apart, nor shall any existing cemeteries or crematoriums be enlarged without a permit issued by the City Council after payment of a fee of one hundred dollars ($100.00). (Ord. 1072, 2-26-90; amd. 1995 Code)

401.02: PROHIBITED OUTSIDE CEMETERY:

No burial of any dead body or any part of the dead body of a human being, or any other disposition of such dead body shall be made in any place which is not a duly dedicated cemetery. (Ord. 412, 3-9-64)

401.03: METHOD OF BURIAL:

Within twenty four (24) hours of the arrival of any human body on the cemetery premises, it shall be buried as follows:

A.    It shall be buried in a single grave and covered by at least two feet (2’) of earth.

B.    No burials shall be made where one container containing a body shall be placed above another regardless of the depth of the grave.

C.    All excavations for graves shall be made for a single grave and covered before any further excavation for additional graves are made within four feet (4’) of such excavation. (Ord. 507, 9-19-66)

401.04: LANDS DESIGNATED AS CEMETERIES:

The City Council shall make an inventory of all cemeteries and crematoriums existing in the City prior to October 1, 1989, and by resolution determine the boundaries of each and thereafter preserve records of which lands are cemeteries. No other lands shall be considered cemeteries until proper permits are issued under Section 401.01 of this Chapter. (Ord. 1072, 2-26-90)


 

CHAPTER 402
SOLID WASTE COLLECTION

 

SECTION:

 

402.01:        Purpose

402.02:        Definitions

402.03:        License for Hauler Required

402.04:        Requirements for License

402.05:        Expiration of License

402.06:        Revocation

402.07:        Hauler’s Equipment

402.08:        Report to City

402.09:        Collection Required

402.10:        Residential Dwelling Zones

402.11:        Date and Time of Collection

402.12:        Preparation for Collection

402.13:        Placement of Containers

402.01: PURPOSE:

It is the intent of the City Council, by means of this Chapter, to establish a system of complete regular garbage, other refuse, special wastes and yard waste collection throughout the City. The system is intended to assure that the disposal of such materials is accomplished in a sanitary and environmentally acceptable manner and that the health of the residents of the City is properly safeguarded. (Ord. 1097, 8-12-91)

402.02: DEFINITIONS:

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

 

COMMERCIAL ESTABLISHMENT: Any premises where a commercial or industrial enterprise of any kind is carried on and shall include, but not be limited to, motels, office buildings, manufacturing plants, curbs, nursing homes, churches and schools.

 

CURBSIDE: The area of public right of way between the property line and the curb or edge of the street, but not on the street.

 

GARBAGE: Animal and vegetable waste resulting from the handling, preparation, cooking, serving and consumption of food.

 

MULTIPLE RESIDENTIAL DWELLING: Any building containing more than four (4) dwelling units, except townhouses, with individual kitchen facilities for each unit.

 

OTHER REFUSE: Ashes, rags, brush and tree trimmings less than six inches (6") in diameter, nonrecyclable glass, cans, paper, boxes and similar wastes.

 

PERSON: Individuals, partnerships, corporations and other legal entities.

 

RECYCLABLES: Materials which may be recycled or reused through recycling processes.

 

RESIDENTIAL DWELLING: Any building containing one to four (4) dwelling units (single-family, duplex, triplex and fourplex) and any building with up to eight (8) dwelling units contiguous to each other (townhouses) sharing no more than two (2) common walls, such building to be of the row house type as contrasted to multiple dwelling apartment structures.

 

SOLID WASTE: Garbage, other refuse, special wastes, yard wastes and other discarded solid material resulting from residential, industrial and commercial operations from community activities.

 

SOLID WASTE HAULER: A collector or transporter of solid waste.

 

SPECIAL WASTE: Large appliances, furniture, oversized materials including mattresses and carpeting, automotive parts including tires and batteries, scrap metal, brush and tree trimmings more than six inches (6") in diameter, tree stumps, Christmas trees, construction and demolition debris and other materials collected, processed and disposed of as a separate waste stream.

 

YARD WASTE: Lawn clippings, leaves, weeds, garden wastes and soft bodied plants.

 

ZONE: A residential area in which garbage, other refuse, special waste and yard waste is collected on the same day, the boundaries and day of collection of which are established by the City Manager. (Ord. 1097, 8-12-91)

402.03: LICENSE FOR HAULER REQUIRED[8]:

No person shall act as a solid waste hauler in the City without first obtaining the appropriate license issued by the City. Any person desiring a license to collect solid waste in the City shall submit a completed license application form along with the license fee and certificate of insurance required in Section 402.04 hereof. (Ord. 1097, 8-12-91)

402.04: REQUIREMENTS FOR LICENSE:

A.    License Fee: Payment of the license fee as prescribed from time to time by the City Council shall be required prior to issuance of such license[9].

B.    Liability Insurance: Before a solid waste hauler license shall be issued, the applicant shall provide a certificate of liability insurance for all vehicles in at least the sum of six hundred thousand dollars ($600,000.00) for bodily injury damage and two hundred thousand dollars ($200,000.00) for property damage.

C.    Workers' Compensation Insurance: Before a solid waste hauler license shall be issued, the applicant shall file with the City a certificate indicating statutory workers' compensation coverage or evidence of self insured status approved by the State of Minnesota[10].

D.    Minimum Services: Before a solid waste hauler license may be issued, an applicant shall provide the following minimum services at a price indicated on the application form:

1. Residential Dwellings:

a. Weekly collection of garbage and other refuse to be disposed at a site designated by Ramsey County.

b. Weekly collection of yard waste to be disposed of according to law.

c. Monthly collection of special waste to be disposed of according to law.

d. At least three (3) different volume based rates including thirty two (32) gallon, sixty four (64) gallon and ninety six (96) gallon service per week.

e. Walk up service for those customers who request it.

2. Multiple Residential Dwellings and Commercial Establishments:

a. Weekly collection of garbage and other refuse to be disposed of at a site designated by Ramsey County.

b. Weekly collection of yard waste to be disposed of according to law.

c. Monthly collection of special waste to be disposed of according to law. (Ord. 1097, 8-12-91)

E.    Schedule of Rates: Before a solid waste hauler license shall be issued, the applicant shall file a schedule of rates to be charged during the licensing period for which the application is made. Every licensee shall provide written notification to the City and the licensee's customers at least sixty (60) days in advance of any change in rates to be implemented during the license period. (Ord. 1097, 8-12-91)

402.05: EXPIRATION OF LICENSE:

All licenses shall expire annually on December 31 except that licenses issued prior to December 31, 1991, shall expire December 31, 1992. (Ord. 1097, 8-12-91)

402.06: REVOCATION:

A licensee's failure to comply with the provisions of this Code or any of the conditions attached to the license shall be grounds for license revocation without refund of the license fee. (Ord. 1097, 8-12-91)

402.07: HAULER'S EQUIPMENT:

Licensees shall use equipment so constructed that the solid waste material shall not leak or spill during transport to the disposal site. The equipment shall be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street or public place longer than is necessary to collect the solid waste materials. The licensee shall also ensure that the collection site is left free of litter. (Ord. 1097, 8-12-91)

402.08: REPORT TO CITY:

Licensees shall submit to the City a semi-annual report summarizing their business in the City on a form provided for such purpose. Upon request, licensee shall provide documentation supporting the data reported to the City. (Ord. 1097, 8-12-91)

402.09: COLLECTION REQUIRED:

Every single residential dwelling, multiple residential dwelling, commercial establishment and any other establishment generating solid waste shall make arrangements for the collection and disposal of solid wastes with a hauler licensed to do business in the City. Exceptions may be approved by the City Manager for environmentally sound alternatives. (Ord. 1097, 8-12-91)

402.10: RESIDENTIAL DWELLING ZONES:

The City shall be divided into zones by the City Manager for solid waste collection from residential dwellings. Solid waste from those residential dwellings within each zone shall be collected on the same day. (Ord. 1097, 8-12-91)

402.11: DATE AND TIME OF COLLECTION:

Licensees may collect solid waste during the times as provided for refuse handling in subsection 405.03C of this Title. (Ord. 1097, 8-12-91)

402.12: PREPARATION FOR COLLECTION:

Garbage, other refuse, yard waste and special waste must be separated for solid waste collection as follows:

A.    Garbage and Other Refuse: Garbage and other refuse shall be placed in containers that are watertight with a tight-fitting lid and impervious to insects, rodents, vermin and the absorption of moisture.

B.    Yard Waste: Yard waste shall be bagged separately for collection.

C.    Special Waste: Special waste shall be separately placed out for collection. (Ord. 1097, 8-12-91)

402.13: PLACEMENT OF CONTAINERS:

A.    Residential Dwellings: Garbage containers, other refuse, yard waste and special waste at residential dwellings shall be out of public view except on the day of pickup. Such solid waste containers may be placed at curbside for collection (unless walk-up arrangements have been made with the hauler) prior to seven o'clock (7:00) A.M. At no time shall solid waste containers or containers remain on curbside for longer than twenty four (24) consecutive hours.

B.    Multiple Residential Dwellings and Commercial Establishments: Garbage containers, other refuse, yard waste and special waste at multiple residential dwellings and commercial establishments shall be out of public view. (Ord. 1097, 8-12-91)


 

CHAPTER 403
RECYCLING COLLECTION

SECTION:

403.01:    Purpose

403.02:    Definitions

403.03:    Scavenging for Recyclables; License

403.04:    License for Recycling Contractor

403.05:    Requirements for License

403.06:    Expiration of License

403.07:    Revocations

403.08:    Licensee’s Equipment

403.09:    Report to City

403.10:    Recycling Service

403.11:    Hours of Collection

403.12:    Placement of Containers for Collection

403.13:    Recycling Fee

403.14    Existing Agreement

 

403.01:     PURPOSE: It is the intent of the City, by means of this Chapter, to establish a system of curbside recycling for Residential Dwellings and Multi-Family Complexes in the City.  (Ord. 1098, 8-12-91; Ord. 1280, 03-31-03)

 403.02:  DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

CURBSIDE: The area of public right of way between the property line and the curb or edge of the street, but not on the street.

CURBSIDE RECYCLING: The regularly scheduled collection of targeted recyclables by a recycling contractor selected by the City.

MULTI-FAMILY COMPLEXES: A dwelling unit, or series of dwelling units, such as an apartment complex, that does not fit the definition of Residential Dwelling in this section. (Ord. 1280, 03-31-03)

PERSON: Individuals, partnerships, corporations and other legal entities.

RECYCLABLES: Materials which may be recycled or reused through recycling processes including targeted recyclables.

RECYCLING CONTRACTOR: A collector or transporter of recyclables.

RESIDENTIAL DWELLING: Any building containing one to four (4) dwelling units (single-family, duplex, triplex and fourplex), and any building with units contiguous to each other (townhouses) sharing no more than two (2) common walls and not having a centralized refuse and recycling pickup location, such building to be of the row house type as contrasted to multiple dwelling apartment structures. (Ord. 1280, 03-31-03)

TARGETED RECYCLABLES: Aluminum or other metal food and beverage cans, food and beverage glass containers, newsprint, corrugated cardboard, magazines, designated plastic containers and other materials designated by the City Manager. (Ord. 1098, 8-12-91)

403.03:     SCAVENGING FOR RECYCLABLES; LICENSE: It is unlawful for any person to scavenge or otherwise collect recyclables at the curb or from recyclable containers without a license from the City. (Ord. 1098, 8-12-91)

403.04:     LICENSE FOR RECYCLING CONTRACTOR[11]: No person shall act as a recycling contractor in the City without first obtaining the appropriate license issued by the City.  Any person desiring a license to collect recyclables in the City shall submit a completed license application form along with the license fee and the required certificate of insurance. (Ord. 1098, 8-12-91)

403.05:     REQUIREMENTS FOR LICENSE:

A.        License Fee: Payment of the license fee as prescribed from time to time by City Council resolution shall be required prior to issuance of such license[12].

B.         Liability Insurance: Before a recycling contractor license shall be issued, the applicant shall provide a certificate of liability insurance for all vehicles in at least the sum of six hundred thousand dollars ($600,000.00) for bodily injury damages and two hundred thousand dollars ($200,000.00) for property damages.

C.        Workers’ Compensation Insurance: Before a recycling contractor license shall be issued, the applicant shall file with the City a certificate indicating statutory workers’ compensation coverage or evidence of self-insured status approved by the State of Minnesota[13]. (Ord. 1098, 8-12-91)

403.06:     EXPIRATION OF LICENSE: All licenses shall expire annually on December 31. (Ord. 1098, 8-12-91)

403.07:     REVOCATIONS: A licensee’s failure to comply with the provisions of this Code or any of the conditions attached to the license shall be grounds for license revocation, without refund of the license fee. (Ord. 1098, 8-12-91)

403.08:     LICENSEE’S EQUIPMENT: Licensees shall use equipment so constructed that the recyclables will not spill during transport.  The equipment shall be kept clean and shall not be allowed to stand in any street or public place longer than is necessary to collect recyclables.  The licensee shall also ensure that the collection site is left free of litter. (Ord. 1098, 8-12-91)

403.09:     REPORT TO CITY:        Licensees shall submit to the City a semi-annual report on a form provided by the City for such purpose. Upon request, licensees shall provide receipts which certify tonnages and markets reported to the City. (Ord. 1098, 8-12-91)

403.10:     RECYCLING SERVICE: The City shall contract with a recycling contractor to serve as the exclusive curbside collector of targeted recyclables from Residential Dwellings and Multi-Family Complexes.  In such contract, the City Council shall determine the schedule and frequency of the collection. (Ord. 1098, 8-12-91; Ord. 1280, 03-31-03)

403.11:     HOURS OF COLLECTION: Licensees may collect recyclables during times as provided for “Refuse Handling” in subsection 405.03C of this Title. (Ord. 1098, 8-12-91)

403.12:     PLACEMENT OF CONTAINERS FOR COLLECTION: Recycling containers shall be located out of the public view except on the day of pickup. Recycling containers must be placed at curbside for collection prior to seven o’clock (7:00) A.M. on collection day. At no time shall containers remain on curbside for longer than twenty four (24) consecutive hours (Ord. 1098, 8-12-91). At Multi-Family Complexes, containers shall be located in a place determined by the pertinent Licensee and Complex owner or manager, and said containers shall be located out of the public view. (Ord. 1280, 03-31-03)

403.13:       RECYCLING FEE:

A.        Fee: All Residential Dwellings and Multi-Family Complexes shall pay a recycling fee.  The fee shall be charged quarterly as part of the City utility bill and shall be due along with the utility bill.  The fee shall be as prescribed from time to time by City Council resolution. (Ord. 1280, 03-31-03)

B.         Penalty: Each quarterly billing for a recycling fee not paid when due shall incur a penalty charge of ten percent (10%) of the amount past due.

C.        Action to Collect: Any amount due, including penalties, for recycling fee in excess of ninety (90) days past due on October 1 of any year shall be certified to the County Auditor for collection with real estate taxes in the following year. (Ord. 1098, 8-12-91)

403.14:     EXISTING AGREEMENT:      If any Multi-Family Complex in the City on the date of adoption of this ordinance has in place a valid contract with a private recycling contractor that provides for recycling of all Targeted Recyclables, then, upon proof of the existence of the contract, the Multi-Family Complex is exempt from participation in the City recycling program and the fee in Section 403.13, provided 1) the contract remains in force, and 2) the private recycling contractor meets all the requirements in this Chapter.  In no event shall the exemption extend beyond December 31, 2007, at which time all Multi-Family Complexes shall be covered hereunder. (Ord. 1280, 03-31-03)


 

CHAPTER 404
AIR POLLUTION CONTROL

 

SECTION:

 

404.01:        Adoption of State Standards

404.02:        Open Burning

404.01: ADOPTION OF STATE STANDARDS:

Air Pollution Control Rules, Regulations, and Air Quality Standards of Minnesota Pollution Control Agency, 1969 Edition, as amended, is hereby adopted by reference into the City Code as if fully set forth. (Ord. 625, 7-20-70)

404.02: OPEN BURNING:

A.    Prohibited: Except as provided in subsection B, all open burning is prohibited in the City.

B.    Exceptions: Recreational campfires, fires for the purpose of bona fide Fire Department training, as approved by the Fire Chief, and open burning of trees resulting from extensive storm damage, at a central collection site, when approved by the City Council. The following requirements shall apply to all recreational fires:

1. The minimum distance to a structure or property line shall be twenty five feet (259).

2. The maximum permitted size shall be three feet (3’) in diameter.

3. The permitted fuels - charcoal or one inch (1") minimum diameter wood, no trash or garden residue.

4. The maximum duration shall be four (4) hours.

5. No combustible materials shall be placed within a three foot (3’) radius of fire.

6. The fire shall be constantly attended by a responsible adult.

7. A means of extinguishing the fire shall be present (such as a garden hose or a fire extinguisher).

8. Recreational fires shall be used for cooking, social or recreational purposes. Disposing of trash, debris, grass, tree trimmings, or similar materials shall not be allowed.

C.    Permits Required: It shall be the duty of the Fire Chief and/or Fire Marshal to investigate requests for and to issue open burning permits for the purposes stated in subsection B.

D.    Institutional Recreation Burning Permits: The City Council, after review by the Fire Chief and/or Fire Marshal may issue institutional recreation burning permits for schools, social clubs and other organizations, in situations where unique circumstances preclude the ability of the institution to meet the standards of the Code. Conditions may be attached to the permit. (Ord. 1152, 9-26-94)


 

CHAPTER 405
NOISE CONTROL

 

SECTION:

 

405.01:        General Prohibition

405.02:        Specific Restrictions

405.03:        Hourly Restrictions of Certain Operations

405.04:        Noise Variances

405.05:        Enforcement and Impact Statements

405.01: GENERAL PROHIBITION:

No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person, or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions contained in Section 405.02 below. (Ord. 927, 6-30-1983)

405.02: SPECIFIC RESTRICTIONS:

A.    Horns, Audible Signaling Devices, Etc.: No person shall sound any audible signaling device on any vehicle except as a warning of danger.

B.    Exhaust: No person shall discharge the exhaust or permit the discharge of exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises, and complies with all applicable State laws and regulations.

C.    Defective Vehicles or Loads: No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise.

D.    Loading, Unloading, Unpacking: No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle.

E.    Radios, Phonographs, Paging Systems, Etc.: No person shall use, operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent or at a distance of fifty feet (509) if the source is located in a structure or building, shall be prima facie evidence of a violation of this Chapter.

F.    Participation In Noisy Parties Or Gatherings: No person shall participate in any party or other gathering of people giving rise to noise disturbing the peace, quiet or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.

G.    Loudspeakers, Amplifiers for Advertising, Etc.: No person shall operate or permit the use or operation of any loudspeaker, sound amplifier or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment.

H.    Amplified sound from motor vehicles:  It shall be a violation of this Chapter to play, operate or permit the playing, use of operation of any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of music or other entertainment, which is located within a motor vehicle on a public street or alley, which is audible by any person from a distance of fifty (50) feet or more from the motor vehicle.  When sound violating this section is produced or reproduced by any such device that is located in a motor vehicle, the motor vehicle’s owner, if present when the violation occurs, is guilty of the violation.  If the motor vehicle’s owner is not present at the time of the violation, the person who has dominion, care or control of the motor vehicle at the time of the violation is guilty of the violation.  In addition to an owner or a driver, any person who controls or assists with the production, reproduction, or amplification of sound in violation of this section is guilty of the violation. (Ord. 1315, 02-14-2005)

I.     Animals: The provisions of Chapter 501 of this Code shall govern unreasonable noises created by animals.

J.     Schools, Churches, Etc.: No person shall create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning or church when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents.

K.   Air Conditioning Units: No person shall place, maintain or operate an air conditioning unit in such a manner so as to unreasonably disturb the peace, quiet and comfort of persons using adjacent properties. (Ord. 927, 6-30-1983)

405.03: HOURLY RESTRICTIONS OF CERTAIN OPERATIONS:

A.    Recreational Vehicles: No persons shall, between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., drive or operate any minibike or other recreational vehicle not licensed for travel on public highways.

B.    Domestic Power Equipment: No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment, except between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. on any weekday, or between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. on any weekend or legal holiday. Snow removal equipment is exempt from this provision.

C.    Refuse Handling: No person shall collect or remove garbage or refuse in any residential district except between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. on any weekday or between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. on any weekend or legal holiday.

D.    Construction Activities: No person shall engage in or permit construction activities involving the use of any kind of electric, diesel or gas powered machine or other power equipment except between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. on any weekday, or between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. on any weekend or legal holiday.

E.    Snowmobiles: Snowmobiles shall be operated only at times allowed by Section 604.03 of this Code. (Ord. 927, 6-30-1983)

405.04: NOISE VARIANCES:

Any person may apply to the City Council for a variance from the requirements of this Chapter prior to doing those acts. The applicant shall provide a certified list of property owners within three hundred fifty feet (3509) of the site(s) where the activity is to occur. The Council procedure for public hearings shall be as set forth in Chapter 108 of this Code. For good cause shown, the City Council may, in its sole discretion, either grant or deny the variance. If the variance is granted, the Council may impose reasonable conditions to it. (Ord. 1175A, 11-25-1996)

405.05: ENFORCEMENT AND IMPACT STATEMENTS:

A.    Civil Remedies: In addition to criminal penalties, this Chapter may be enforced by injunction, action for abatement or other appropriate civil remedies.

B.    Noise Impact Statements: The City Council may require any person applying for a change in zoning classification, permit or license for any structure, operation, process, installation, alteration or project that may be considered a potential noise source to submit a noise impact statement. The City Council shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (Ord. 927, 6-30-1983; 1995 Code)


 

CHAPTER 406
SOIL CONTAMINATION

 

SECTION:

 

406.01:        Policy

406.02:        Definitions

406.03:        Prohibition

406.04:        Permit for Treatment and Disposal

406.01: POLICY:

A.    It is the policy of the City to protect the health, safety and welfare of those residing in and working in the City by providing regulations dealing with the treatment and disposal of soil contaminated with petroleum products.

B.    The City intends to supplement the regulations imposed by the MPCA[14] and to work in conjunction with that agency with regard to treatment and disposal of such contaminated soil. Given the large number of petroleum related businesses located within the City and the number of contaminated soil incidents generated within the City as a result of such businesses, it has been determined by the City Council that it is not appropriate for contaminated soils from outside of the City to be imported into the City for treatment or disposal. (Ord. 1075, 4-23-1990)

406.02: DEFINITIONS:

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

 

CITY: City of Roseville.

 

CONTAMINATED SOIL: Soil material which has been contaminated by petroleum products including, but not limited to, gasoline, diesel fuel, fuel oil or motor oil. Such contamination may result from direct spills of such material or from gradual seepage from leaking tanks.

 

DISPOSAL: Those methods of final handling of contaminated soil neutralized by use of one of the MPCA authorized treatment methods including placement or burial on-site or off-site removal.

 

MPCA: Minnesota Pollution Control Agency.

 

TREATMENT: Those methods of neutralizing contaminated soil authorized for use by the MPCA. (Ord. 1075, 4-23-1990)

406.03: PROHIBITION:

No contaminated soil may be brought into the City for storage nor may contaminated soil from outside of the City be treated or disposed of within the City. (Ord. 1075, 4-23-1990)

406.04: PERMIT FOR TREATMENT AND DISPOSAL:

Contaminated soil from a source within the City may be treated and disposed of pursuant to the following procedure:

A.    Application: Before any contaminated soil may be treated and disposed of, the entity seeking to treat and dispose of such contaminated soil, or its agent, shall complete and submit an application prepared by the City staff.

B.    Fee: At the time of application for a permit to treat and dispose of contaminated soil, the applicant shall pay a non- refundable fee equal to one dollar ($1.00) per cubic yard of contaminated soil sought to be treated and disposed of, up to a maximum of three hundred dollars ($300.00). In the event that the staff determines that it will be necessary for the City to retain an outside consultant to provide technical review and monitoring, the applicant for a permit shall, as a condition to receiving the permit, agree in writing to pay the City's cost of such outside consultant.

C.    Review: The City staff shall review the application in conjunction with the MPCA's review of the proposed contaminated soil treatment and disposal. Such review shall include examination, investigation and written comments by the Public Works Director, Community Development Director, Fire Marshal and other City department heads deemed appropriate. (Ord. 1075, 4-23-1990)

D.    Hearing: The City Council will hold a hearing on each application for a permit to treat or dispose of contaminated soil. Notice of the hearing shall be as provided for in Chapter 108 of this Code. In determining whether or not a permit shall be issued, the City Council may prohibit such treatment and disposal within the City if it determines that the health, safety and welfare of residents of the community will be jeopardized by such treatment and disposal within the City after making specific findings concerning the basis of its denial. The City Council may impose reasonable conditions with regard to permits for such treatment and disposal. (Ord. 1175A, 11-25-1996)


 

CHAPTER 407
NUISANCES

 

SECTION:

 

407.01:        Definitions

407.02:        Nuisances Affecting Health, Safety, Comfort or Repose

407.03:        Nuisances Affecting Peace and Safety

407.04:        Public Nuisance Unlawful

407.05:        City Council May Enforce

407.06:        Powers of Officers

407.07:        Recovery of Cost

407.08:        Accelerated Abatement Process for Certain Nuisances

407.01: DEFINITIONS:

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

ABANDONED VEHICLE: A motor vehicle that:

A. Has been illegally parked on public property for a period of more than 48 hours;

B. Has been parked on private property without the consent of the person in control of the property for a period of more than 48 hours; and

C. Has been voluntarily surrendered by its owner to the city or to a moving contractor hired by the city for its removal.

FRONT YARD AREA: All that area between the front property line and a line drawn along the front face or faces of the principal structure on the property extended to the side property lines. The front side of the property shall be determined as specified in title 11 of this code.

INOPERABLE CONDITION: The vehicle has no substantial potential use consistent with its usual function, and shall include a vehicle that: a) has a missing or defective part that is necessary for the normal operation of the vehicle, or b) is stored on blocks or jacks or other supports.

JUNK VEHICLE: An inoperable motor vehicle which is partially dismantled, 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 unless such vehicle is kept in an enclosed garage. An abandoned vehicle shall also be considered a junk vehicle for the purpose of this chapter.

NUISANCE: Any act, substance, matter emission or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the city or which is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing from any street, alley, highway, railroad right of way, vehicle, railroad car, water, excavation, building, erection, lot, grounds, or other property located within the city of Roseville. Nuisances shall include, but not be limited to, those enumerated below:

A. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, comfort or repose of members of the public; or

B. Interferes with, obstructs or renders dangerous for passage, any public road or right of way, street, alley or highway or waters used by the public; or

C. Is guilty of any other act or omission declared by law to be a public nuisance specifically provided; or

D. Anything left or displayed for sale on public or private property without written permission by the owner or person in control of the property may be tagged and/or towed at the owner's expense.

E.  In any way render the public insecure in life or in use of property.

OCCUPANT: Includes any person living in or in control of any dwelling unit upon property wherein a motor vehicle is parked.

VEHICLE OR VEHICLES: Any "motor vehicle" as defined in Minnesota Statutes but excluding the following:

A. Trailers with weight classifications of A and B as provided in Minnesota Statutes.

B. Snowmobiles, and

C. "All-terrain vehicles" as defined in Minnesota Statutes.

VITAL COMPONENT PARTS: Those parts of the motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train, and wheels. (Ord. 1162, 7-10-1995)

407.02: NUISANCES AFFECTING HEALTH, SAFETY, COMFORT OR REPOSE:

The following are hereby declared to be public nuisances affecting health, safety, comfort or repose:

A.    Diseased Animals: All diseased animals running at large.

B.    Carcasses: Carcasses of animals not buried or destroyed within 24 hours after death.

C.    Weeds: All noxious weeds are prohibited. Tall grasses, nuisance weeds and rank vegetative growth shall be maintained at a height of 8 inches or less in locations closer than 40 feet to:

1. An occupied principal structure;

2. Any property line with an occupied structure on abutting property; and

3. A public road pavement edge.

This section shall not apply to natural areas such as woods, bogs, marshes, ground covers, wildflower or prairie restoration and public open space or park lands as determined by the city forester or naturalist designated by city manager. (Ord. 1136, 2-28-1994)

D.    Debris: An accumulation of tin cans, bottles, trash, uprooted tree stumps, logs, limbs, brush, and other cut vegetative debris, or other debris of any nature or description and the throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans or other material of any kind on private property. (Ord. 1337, 5-22-2006)

E.    Smoke and Fumes: Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities. (Ord. 207, 11-9-55)

F.    Backyard Composting: All composting consisting of yard waste and/or kitchen waste which have been left unattended and which cause offensive odors, attract rodents and/or pests or are unsightly. (Ord. 1092, 6-10-91)

G.    Keeping of Farm Animals: The keeping of cows, horses, sheep, goats or any 4 legged animal commonly known as farm animals, other than those commonly called poultry, in any pasture, stable or any enclosure within 300 feet or less of any other lot in any residence district. (Ord. 629, 9-28-70)

H.    Peddling and Soliciting:

1.The practice of going house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purposes of offering for sale or obtaining, or attempting to obtain, orders for goods, wares, products, merchandise, other personal property or services if conducted in the following manner:

a. Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way;

b. Conducting business in a way as to create a threat to the health, safety and welfare of any individual or the general public;

c. Conducting business before 7:00 a.m. or after 9:00 p.m.

d. Making any false or misleading statements about the product or service being offered, including untrue statements of endorsement;

e. Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive.

2. Entering the property of another, unless invited to do so by the property owner or tenant, for the purpose of conducting business as a peddler or solicitor when the property is marked with a sign or placard at least 4 inches long and 4 inches wide with print at least 48 point in size stating “No Trespassing” or “No Peddlers or Solicitors,” or “Peddlers and Solicitors Prohibited” or other comparable statement.  Removing, defacing or otherwise tampering with any sign or placard under this section by a person other than the property owner or tenant.

(Ord. 1293, 8-11-2003)

I.     Service Stations: Operation of a business involving the sale of motor fuel and/or the repair of motor vehicles in the following manner:

1. The use of service station premises for the sale, or for display in aid of sale, of any motor vehicle.

2. The use of service station premises for storage of damaged or abandoned motor vehicles for in excess of 7 days without a directive of the Chief of Police.

3. The storing of or the allowing of accumulation of any of the following items on service station premises in view of adjacent land:

a. Used oil cans.

b. Discarded auto parts.

c. Discarded tires.

d. Any other items of similar debris.

4. Operating a service station with premises that does not have its entire area covered by the following: building, concrete or bituminous paving and grass, well maintained or other well maintained shrubbery.

5. Allowing tires to be sold or displayed for sale within view of the adjacent land unless the same are displayed in a rack during business hours. (Ord. 499, 8-8-66; amd. 1995 Code)

J.     Building Maintenance and  Appearance: Buildings, fences, and other structures, which have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they: 1) are unsightly, 2) decrease adjoining landowners' and occupants enjoyment of their property and neighborhood, and 3) adversely affect property values and neighborhood pattern.

K.   Standards: Any building, fence or other structure is a public nuisance if it does not comply with the following requirements:

1. All wires which are strung less than 15 feet above the surface of any public street or alley.

2. All exterior doors and shutters shall be hung properly and have an operable mechanism to keep them securely shut or in place.

3. All cornices, moldings, lintels, bay or dormer windows and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly.

4. Roof surfaces shall be tight and have no defects which admit water. All roof drainage systems shall be secured and hung properly.

5. Chimneys, antennae, air vents and other similar projections shall be structurally sound and in good repair. Such projections shall be secured properly where applicable to an exterior wall or exterior roof.

6. All foundations shall be structurally sound and in good repair.

L.    Declaration of Nuisance: The outside parking and storage on residentially-zoned property of vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it: 1) obstructs views on streets and private property, 2) creates cluttered and otherwise unsightly areas, 3) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, 4) decreases adjoining landowners and occupants' enjoyment of their property and neighborhood, and 5) otherwise adversely affects property values and neighborhood patterns. Service vehicles with a manufacturer's rated capacity of 2,000 pounds or less are exempt from this provision.

M.   Unlawful Parking and Storage:

1. No person may place, store, or allow the placement or storage of ice fish houses, skateboard ramps, play houses, or other similar nonpermanent structures outside continuously for longer than 24 hours in the front-yard area of residentially-zoned property.

2. No person may place, store or allow the placement or storage of pipe, lumber, steel, machinery or similar materials including all materials used in connection with a business, outside on residentially-zoned property.

3. No person shall cause, undertake, permit or allow the outside parking and storage of vehicles in residentially-zoned property for more than 14 days unless it complies with the following requirements: (Ord. 1288, 8-4-2003)

a. Vehicles which are parked or stored outside shall be on an improved surface as defined in this Code.

b. All vehicles, watercraft and other articles stored outside on residential property must be owned by a person who is a legal resident of that property.

4. No person, owning, driving or in charge of any vehicle with a manufacturers rated capacity of more than one ton, as specified in Minnesota Statutes, may cause or permit that vehicle to be parked outside or stand continuous for more than 2 hours on property or public street within a residential zone in the City.

N.   Exceptions: The prohibitions of this Section shall not apply to the following:

1. Any motor truck, pickup truck, or similar vehicle being used by a public utility, moving company, or similar company, which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle.

2. Any vehicle which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the period of time reasonably necessary to make such a pickup or delivery and in excess of the 2 hour limit shall be unlawful.

O.   Vehicles Constituting a Public Nuisance:

1. Abandoned and  Junk Vehicles Create Hazard: Abandoned and junk vehicles are declared to be a public nuisance creating hazard to the health and safety of the public because they invite plundering, create fire hazards, attract vermin, and present physical dangers to the safety and well being of children and other citizens. The accumulation and outside storage of such vehicles is in the nature of rubbish, litter and unsightly debris and is a blight on the landscape and a detriment to the environment. It shall be unlawful for a person to pile, store or keep wrecked, junked or abandoned motor vehicles on private or public property.

2. Vehicles Impeding Traffic Flow: Any vehicle, whether occupied or not that is found stopped, standing or parked in violation of any ordinance or State statute; or that is reported stolen; or that is found impeding firefighting, snow removal or plowing or the orderly flow of traffic is declared to be a public nuisance.

3. Vehicles Impeding Road and  Utility Repair: Any vehicle which is impeding public road or utility repair, construction or maintenance activities after reasonable notice of the improper activities has been given to the vehicle owner or user at least 12 hours in advance, is declared to be a public nuisance.

4. Vehicles Without License Plates: Except where expressly permitted by state law, any vehicle shall be deemed to be junked or abandoned if said vehicle does not have attached thereto a valid and current license plate issued by the proper State agency. (Ord. 1288, 8-4-2003)

P.    Abatement of Vehicles:

1. Impounding: Any police officer or other duly authorized person may order any vehicle constituting a public nuisance to be immediately removed and/or impounded. The impounded vehicle shall be surrendered to the duly identified owner by the towing contractor only upon payment of the required impound, towing and storage fees.

2. Sale: Notice and sale of any vehicle impounded under this Chapter shall be conducted in accordance with Minnesota Statutes chapter 168B governing the sale of abandoned motor vehicles. (Ord. 1162, 7-10-95)

Q.   Graffiti:  Graffiti shall mean any unauthorized writing, printing, marks, signs, symbols, figures, designs, inscriptions or other drawings which are scratched, scrawled, painted, drawn or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb, dumpsters or other permanent structures on public or private property and which has the effect of defacing the property.  (Ord. 1337, 5-22-2006)

407.03: NUISANCES AFFECTING PEACE AND SAFETY:

The following are declared to be nuisances affecting public peace and safety:

A.    Snow On Non-motorized Pathways: On all properties with off-the-road, non-motorized pathways, except nontax exempt R-1 or R-2 properties, ice and snow shall be removed from the non-motorized pathway within 12 hours after snow and ice have ceased to be deposited thereon. (Ord. 925, 5-9-83)

B.    Low Wires: All wires which are strung less than 15 feet above the surface of any public street or alley.

C.    Dangerous Buildings: All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding 1/2 their original value or which are so situated as to endanger the safety of the public.

D.    Explosives: All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law.

E.    Noises: All unnecessary noises and annoying vibrations.

F.    Radio Aerials: Radio aerials strung or erected in any manner except that provided by law. (Ord. 207, 11-9-55)

G.    Storage of Wood: The storage of any wood or wood product used or intended to be used as fire wood on residential properties within the City unless wood piles are erected, located and maintained in a safe and orderly fashion:

1. In neat and secure stacks elevated 6 inches off the ground;

2. A maximum height allowed for a wood pile is 6 feet; and

3. Fire wood shall only be stored in a side or rear yard.

The City Council may issue permits for the storage of wood in situations where unique circumstances preclude the ability to meet the standards of the Code. (Ord. 522, 1-9-67; amd. 1995 Code)

H.    Junk: The outside piling, storing or keeping of old machinery, furniture, household furnishings or appliances or component parts thereof, rusting metal inoperable/unusable equipment, or other debris visible on private or public property. (Ord. 1162, 7-10-1995)

I.     Obstruction of Streets: Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather obstructing traffic and the free use of public streets or sidewalks.

J.     Dangers Attractive to Children: All dangerous, unguarded machinery, equipment or other property in any public place or so situated or operated on private property as to attract minor children.

K.   Material From Air: Throwing, dropping or releasing printed matter, paper or any other material or objects over the City from an airplane, balloon or other aircraft or in such a manner as to cause such material to fall or land in the City.

L.    Interfering With Drainage: Placing entrance culverts or doing any act which may alter or affect the drainage of public streets or alleys or the surface or grade of public streets, alleys or sidewalks without proper permit.

M.   Repairing Vehicles or Tires in Streets: Making repairs to motor vehicles or tires in public streets or alleys, excepting only emergency repairs when it will not unduly impede or interfere with traffic.

N.   Trash In Streets: Throwing, placing, depositing or burning leaves, trash, lawn clippings, weeds, grass or other material in the streets, alleys or gutters.

O.   Unauthorized Signs: Erecting, painting or placing of unauthorized traffic signs or advertising signs in streets, alleys or on sidewalks.

P.    Interference With Radio Or TV: All unnecessary interference and disturbance of radios or TV sets caused by defective electrical appliances and equipment or improper operation of any defective electrical appliances and equipment.

Q.   Storing of Boats, Trailers and Inoperative Motor Vehicles In Front Yards:

1. The storing of the following things for a period longer than 72 hours in the front yard of any residential zoned area:

a. Trailers of any kind, unless supporting a boat of 20 feet or less.

b. Boats or watercraft of any kind in excess of 20 feet.

c. Inoperative motor vehicles of any type.

d. Campers and camper buses.

2. For the purpose of this Section, "front yard" means any area between any public street and a line parallel to the public street at the building line. (Ord. 522, 1-9-1967; 1995 Code)

407.04: PUBLIC NUISANCE UNLAWFUL:

It shall be unlawful for any person, firm, corporation or association to maintain any public "nuisance" as defined in this Chapter and it shall further be unlawful to do any act which act is defined as a public "nuisance" in this Chapter. (Ord. 320, 6-9-1961)

407.05: CITY COUNCIL MAY ENFORCE:

The City Council may enforce the provisions of this Chapter and may, by resolution, delegate to other officers or agencies power to enforce particular provisions of this Chapter, including the power to inspect private premises. The officers charged with enforcement of this Chapter shall take all reasonable precautions to prevent the occurrence and continuance of public nuisances. (Ord. 1185, 7-28-1997)

407.06: POWERS OF OFFICERS:

A.    Notice: Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the officer shall notify, in writing, the owner or occupant of the premises of such fact and order that such nuisance be terminated or abated.

B.    Service of Notice: The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days, within which the nuisance is to be abated.

C.    Noncompliance: If the notice is not complied with within the time specified, the enforcing officer shall immediately report that fact to the City Council.  The enforcing officer shall also provide notice to the owner or occupant of the premises that the City Council will consider the matter and may provide for abating the nuisance by the City.  The notice shall state the date on which the City Council will consider the matter.  Notice by the enforcing officer shall be given at least ten days before the date stated in the notice when the City Council will consider the matter.  If notice of the fact that the City Council will consider the matter is given by posting, at least 30 days shall elapse between the day of posting and the date of consideration by the City Council.  (Ord. 1337, 5-22-2006)

D.    Action of City Council: Upon notice from the enforcing officer of noncompliance, the City Council may, after notice to the owner or occupant and an opportunity to be heard, provide for abating the nuisance by the City.

E.    Immediate Threat: If the nuisance poses an immediate threat to the health or safety of the public, the City may abate the nuisance immediately with no hearing. (Ord. 1016, 6-8-1987)  (Ord. 1337, 5-22-2006)

407.07: RECOVERY OF COST:

A.    Personal Liability: The owner of premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Manager, or other official designated by the City Council, shall prepare a bill for the cost and mail it to the owner. The amount shall be immediately due and payable at the office of the City Manager.

B.    Assessment: If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect infected trees, the city manager shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges, as well as other charges for current services to be assessed under Minnesota Statutes section 429.101 against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year, or in annual installments not exceeding 10, as the City Council may determine in each case. (Ord. 1016, 6-8-1987)

 

 

 

 

 

407.08: ACCELERATED ABATEMENT PROCESS FOR CERTAIN NUISANCES:

A.    Notwithstanding the provisions of section 407.06 of this chapter, city officers charged with enforcement of this chapter shall follow the accelerated procedure described below for abating accumulations of snow and ice under subsection 407.03A of this chapter, tall grasses, nuisance weeds and other vegetative growth under subsection 407.02C of this chapter; cut vegetative debris under subsection 407.02D of this chapter; and graffiti under subsection 407.02Q of this chapter.  (Ord. 1337, 5-22-2006)

1. Notice of Violation: Whenever the officer charged with enforcement determines that a nuisance proscribed under subsection 407.03A or 407.02C of this chapter is being maintained or exists on premises in the city, written notice by certified first-class mail shall be provided to the property owner or occupant. If the premises are not occupied and the owner is not known, the notice may be served by posting it on the premises. The certified notice shall specify the nuisance to be abated, that the nuisance must be abated within 5 working days, and that if the nuisance is not abated within 5 working days, that the city will have the nuisance abated and the cost of abatement certified against the property for collection with taxes.

2. Abatement by City: If the owner or occupant fails to comply with the certified mail notice, within 5 days, the city shall provide for abatement of the nuisance. The officer charged with enforcement shall keep records of the cost of abatement and shall provide this information to the city manager for assessment against the property pursuant to section 407.07 of this chapter. (Ord. 1228, 7-12-1999)


 

CHAPTER 408
LAWN FERTILIZER

SECTION:

 

408.01:        Purpose

408.02:        Commercial Applicator Regulations

408.03:        General Regulations

408.01: PURPOSE:

The City has conducted studies and has reviewed existing data to determine the current and projected water quality of various lakes within its community. The data indicates that lake water quality may be maintained and improved if the City is able to regulate the amount of lawn fertilizer and other chemicals entering the lakes as a result of storm water runoff or other causes. The purpose of this Section is to define regulations which will aid the City in maintaining and improving lake resources which are enjoyed by its residents and other users. (Ord. 1024, 11-23-87)

408.02: COMMERCIAL APPLICATOR REGULATIONS:

A.    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 City Manager, as provided in subsection 408.02B.

B.    License Application Procedure: Applications for a commercial lawn applicator license for a calendar year shall be submitted to the City Manager at least thirty (30) days prior to the initial lawn fertilizer application each year within the City. The application shall consist of the following:

1. Application Form: Application forms shall be provided by the City and shall include the following information:

a. Name, address and telephone number of applicant and any individuals authorized to represent the applicant.

b. Description of lawn fertilizer formula proposed to be applied on lawns within the City.

c. A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application.

2. Fertilizer Sample: A chemical analysis of a sample of the lawn fertilizer shall be submitted to the City along with the initial application for a license and at least thirty (30) days before fertilizer composition changes are implemented. Said analysis shall be certified by an independent testing laboratory.

3. License Fee: The annual license fee for a commercial lawn fertilizer applicator shall be one hundred dollars ($100.00). The license shall expire on December 31. The license fee shall not be prorated.

C.    Conditions of License: Commercial lawn fertilizer applicator licenses shall be issued subject to the following conditions which shall be specified on the license form:

1. Random Sampling: Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer application to be applied within the City at any time after issuance of the initial license.

2. Possession of License: The commercial lawn fertilizer application license, or a copy of such license, shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City.

3. State Regulations: Licensee shall comply with the provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statute sections 17.711 through and including section 17.729 and amendments thereto. (Ord. 1024, 11-23-87)

408.03: GENERAL REGULATIONS:

A.    Time of Application: Lawn fertilizer applications shall not be applied when the ground is frozen or between January 1 and April 15, and between November 15 and December 31.

B.    Sample Analysis Cost: The cost of analyzing fertilizer samples taken from commercial applicators shall be paid by the commercial applicators if the same analysis indicates that the phosphate content exceeds the levels authorized in subsection 408.03C.

C.    Fertilizer Content:

1. No person shall apply liquid fertilizer within the City which contains more than one-half percent (0.5%), by weight, of phosphate, or granular fertilizer which contains more than three percent (3%) by weight of phosphate, unless the single application is less than or equal to ten one-hundredths (0.10) pound of phosphate per one thousand (1,000) square feet in the form of P 5. The quantity of phosphate applied to newly established turf areas is not limited by this subsection during the first growing season.

2. Annual application amount shall not exceed five-tenths (0.5) pound of phosphate per one thousand (1,000) square feet of lawn area.

D.    Impervious Surfaces: No person shall apply fertilizer to impervious surfaces.

E.    Buffer Zone: Fertilizer applications shall not be made within ten feet (109) of any wetland or water resource. (Ord. 1024, 11-23-87)


 

 

 

 

 

TITLE 5
POLICE REGULATIONS


CHAPTER 501
ANIMAL CONTROL

SECTION:

 

501.01:        Definitions

501.02:        Confinement of Animals

501.03:        Certain Animals Declared Nuisance

501.04:        Complaints

501.05:        Animals Forbidden In Hotel and Motels

501.06:        License Required

501.07:        Issuance of Tags

501.08:        Affixing Tags

501.09:        Records

501.10:        Impounding

501.11:        Redemption

501.12:        Permissible Return of Unrestrained Animal

501.13:        Disposition of Unclaimed Dogs or Cats

501.14:        Establishment of Pound

501.15:        Muzzling

501.16:        Dangerous Animals

501.17:        Attack by an Animal

501.18:        Summary Destruction of Certain Animals

501.19:        Kennels

501.20:        Special Multiple Dog Licenses

501.21:        Riding Horses

501.22:        Cleanup

501.23:        Wild Animals

501.24:        Owner Obligation for Proper Care

501.25:        Enforcement

501.01: DEFINITIONS:

Except where the term is expressly defined by other provisions or sections within this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

AT LARGE: Off the premises of the owner and not under the control of the owner, a member of the owner's immediate family or a person designated by the owner, and in the case of a dog, by a leash, cord or chain not more than six feet (69) in length. The person in charge must be of sufficient age to adequately control the dog. A dog under control solely by means of command or signal shall be considered under control only if in the presence of the owner or some other person of suitable age and discretion and on the owner's premises or the premises of another who has given consent to the owner.

OWNER: Any person keeping a dog or other animal. (Ord. 1078, 6-25-1990)

SERVICE ANIMALS: A service animal is an animal specially trained to assist a person with disabilities. (Ord. 1168, 8-12-1996)

501.02: CONFINEMENT OF ANIMALS:

No animal shall be allowed by its owner to run at large and every animal in heat shall be confined during such entire period and until such animal shall not attract other animals due to being in heat. (Ord. 1078, 6-25-1990)

501.03: CERTAIN ANIMALS DECLARED NUISANCE:

No person shall keep, or allow to be kept, any animal which shall, by any noise, disturb the peace and quiet of any other person. No person shall keep within the City limits any animal which habitually barks or cries for extended or unreasonable periods of time. Any such animal which damages plantings or structures or deposits fecal matter on public or private property of others is hereby declared to be a nuisance. (Ord. 1078, 6-25-1990)

501.04: COMPLAINTS:

A.    Any person aggrieved by an animal nuisance may make a written complaint to the Police Department, or such other persons designated by the City Manager, stating the acts complained of, the name and address of the owner of the animal and the name and address of the person making the complaint. The Police Department shall then promptly notify the person owning or keeping the animal and shall order the nuisance abated within five (5) days. If such animal nuisance is not abated within that time, a charge may be made against the owner or keeper of the animal and any person found to have violated the provisions of this Section shall be guilty of a misdemeanor.

B.    If a police officer or community service officer deems it necessary, the officer may take the animal immediately to the impound to stop the nuisance. (Ord. 1078, 6-25-1990)

501.05: ANIMALS FORBIDDEN IN HOTELS AND MOTELS:

No dog, cat, or other animal shall be allowed in any hotel or motel overnight in the sleeping rooms designated for human habitation. This Section does not apply to service animals accompanying a disabled person. (Ord. 1168, 8-12-1996)

501.06: LICENSE REQUIRED:

A.    Application:

1. The owner of all dogs or cats over three (3) months of age kept or maintained within the corporate limits of the City shall apply for a dog or cat license. The license application shall be on forms provided by the City. The applicant shall also present proof of rabies vaccination to the City prior to issuance or renewal of a license. The license shall be issued for a period of time not to exceed the expiration date of a two (2) year rabies vaccination.

2. This Section shall also apply to any other type of animal not kept exclusively inside the owner's house.

B.    Fee: The fee for a license shall be five dollars ($5.00). (Ord. 1078, 6-25-1990)

501.07: ISSUANCE OF TAGS:

Upon the payment of the license fee and presentation of a rabies vaccination certificate, the City shall issue a license tag to the animal owner. Duplicate tags will be issued upon payment of a replacement fee. Animal tags shall not be transferred from one animal to another. The animal tags for impounded animals may be purchased at the veterinary hospital for a two dollar ($2.00) surcharge and no refunds shall be made for any animal license fee. (Ord. 1078, 6-25-1990)

501.08: AFFIXING TAGS:

Every owner of any animal required to be licensed is required to provide the animal with a collar to which the license and vaccination tags must be affixed, and the collar, with tags attached, must be worn by such animal at all times. (Ord. 1078, 6-25-1990)

501.09: RECORDS:

The City shall keep a record of all animal licenses issued with the name, address and telephone number of the person to whom the license is issued and name, age, description of the animal and dates of rabies vaccination. (Ord. 1078, 6-25-90)

501.10: IMPOUNDING:

Any dog or cat found running at large or without valid tags displayed, off the owner's premises, may be seized and may be impounded. All animals found to be a nuisance under Section 501.03 may be impounded. All animals impounded shall be kept for at least five (5) days, unless sooner reclaimed by the owner or returned to the owner. (Ord. 1078, 6-25-90)

501.11: REDEMPTION:

Any dog or cat may be redeemed from the pound by the owner upon the payment to the pound master of an impound and daily care fee. Proof of rabies vaccination and current animal license must be presented by the owner. (Ord. 1078, 6-25-90; amd. 1995 Code)

501.12: PERMISSIBLE RETURN OF UNRESTRAINED ANIMAL:

Notwithstanding the provisions of Section 501.10, if a licensed animal is found at large and its owner can be identified and located, such animal need not be impounded, but may, instead, be taken to the owner. In such case, however, proceedings may be taken against the owner for violation of this Chapter. (Ord. 1078, 6-25-90)

501.13: DISPOSITION OF UNCLAIMED DOGS OR CATS:

Any dog or cat which is not claimed within five (5) days after impounding may be sold, for not less than the amount provided in Section 501.11, to anyone desiring to purchase the dog or cat, unless said dog or cat is requested by a licensed education scientific institution under Minnesota Statute section 35.71. All such funds shall be paid to the City and placed in the General Fund. Any dog or cat which is not claimed by the owner or sold shall be humanely destroyed. (Ord. 1078, 6-25-90)

501.14: ESTABLISHMENT OF POUND:

A City pound is established which shall be at such location either within or without the City as the City Council, by resolution, shall designate. A pound master shall be appointed by the Council, who shall attend to the maintenance of such pound and shall file a monthly report with the City Council relating to the operation of such pound. The pound shall be maintained in a clean and orderly manner and shall be subject to periodic inspection by the County Health Department. (Ord. 1078, 6-25-90; amd. 1995 Code)

501.15: MUZZLING:

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 their premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation and any dog running at large during the time fixed in the proclamation may be destroyed by the police without notice to the owner. (Ord. 1078, 6-25-90)

501.16: DANGEROUS ANIMALS:

A.  Definitions.

      DANGEROUS ANIMAL means any animal that has:

a.       without provocation, inflicted substantial bodily harm on a human being on public or private property;

b.      killed a domestic animal without provocation while off the Owner’s property; or

c.       been found to be potentially dangerous, and after the Owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals.

      POTENTIALLY DANGEROUS ANIMAL means any animal that:

a.       when unprovoked, bites a human or domestic animal on public or private property;

b.      on more than one occasion when unprovoked, chases or approaches a person, including a person on a bicycle, or other wheeled conveyance (such as a skateboard, scooter or the like) upon the streets, sidewalks, or any public or private property, other than the animal Owner’s property, in an apparent attitude of attack; or

c.       has a known propensity, tendency, or disposition to attack unprovoked, based upon report, complaint and/or call for service causing injury or otherwise threatening the safety of humans or domestic animals.

      PROPER ENCLOSURE means securely confined indoors or in a securely locked pen or kennel suitable to prevent the animal from escaping and to provide protection for the animal from the elements, to include adequate food and water.  A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal 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 barriers which prevent the animal from exiting.  Such enclosure shall not allow the egress of the animal in any manner without human assistance.  A pen or kennel for a dog shall meet the following minimum specifications:

a.       Have a minimum overall floor size of thirty-two (32) square feet.

b.      Sidewalls shall have a minimum height of five (5) feet and be constructed of 11-gauge or heavier wire.  Openings in the wire shall not exceed two (2) inches, support posts shall be one and one-quarter-inch or larger steel pipe buried in the ground eighteen (18) inches or more.  When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen inches in the ground.

c.       A cover over the entire pen or kennel shall be provided.  The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches.

d.      An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches.  The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel.

       OWNER means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of an animal. 

       SUBSTANTIAL BODILY HARM has the meaning given it under Minn. Stat.

       § 609.02, subd. 7a. 

       GREAT BODILY HARM has the meaning given it under Minn. Stat. § 609.02, subd. 8.

       ANIMAL CONTROL AUTHORITY means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction.

B.    Dangerous Animal Registration.

       1. No person may own a dangerous animal in the City unless the animal is registered as provided in this Section.

       2.  The City will, upon application by the Owner, issue a certificate of registration to the Owner of a dangerous animal if the Owner presents evidence that:

a.    a proper enclosure exists for the dangerous animal;

b.   a warning sign, including a warning symbol for children, has been placed on the animal Owner’s property informing of the presence of the dangerous animal;

c.    the Owner has procured a surety bond issued by a surety company authorized to do business in Minnesota, in a form acceptable to the City in at least the sum of $50,000 payable to any person injured by the animal or, alternatively, the Owner has in place a policy of insurance providing the same protection;

d.      the Owner has paid to the City an annual fee of $500 in addition to the regular license fee to obtain a certificate of registration for a dangerous animal under this section; and

e.       the Owner of a dangerous animal must have had an identification microchip implanted in the dangerous animal, and the City has been provided with the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority.  If the microchip is not implanted by the Owner, it may be implanted by the animal control authority.  In either case, all costs related to purchase and implantation of the microchip must be borne by the dog’s Owner.

       3.  Dangerous animal designation review.  Beginning six months after an animal is declared dangerous; an Owner may request annually that the animal control authority review the designation.  The Owner must provide evidence that the animal's behavior has changed due to the animal's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors.  If the animal control authority finds sufficient evidence that the animal's behavior has changed, the authority may rescind the dangerous animal designation.
4.  Exemption.  Animals may not be declared dangerous if the threat, injury, or damage was sustained by a person:

a.        who was committing, at the time, a willful trespass or other tort upon the premises occupied by the Owner of the animal;

b.      who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or

c.       who was committing or attempting to commit a crime.

5.   Tag. The dangerous animal registered under this section must have an easily identifiable standardized tag identifying the animal as dangerous, which is affixed to the animal’s collar at all times. 

C.    Regulation of Potentially Dangerous Animals.

       1.  An Owner of an animal that has been determined to be potentially dangerous may be required to comply with any or all of the following:

a.       The Owner may be required to complete animal obedience classes.

b.      The Owner shall keep the animal, while on the Owner’s property, in a proper enclosure.  If the potentially dangerous animal is outside the proper enclosure, the animal must be muzzled and restrained by a substantial chain or leash, which may not exceed six (6) feet in length.  The chain or leash must be under the control of an individual 18 years of age or older.

c.       The Owner shall be required to provide proof of current vaccinations.

d.      The Owner of a potentially dangerous animal must have had an identification microchip implanted in the potentially dangerous animal, and the City has been provided with the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority.  If the microchip is not implanted by the Owner, it may be implanted by the animal control authority.  In either case, all costs related to purchase and implantation of the microchip must be borne by the dog’s Owner.

D.    Regulation of Dangerous Animals.

       1.  An Owner of a dangerous animal shall keep the animal, while on the Owner’s property, in a proper enclosure.  If the dangerous animal is outside the proper enclosure, the animal must be muzzled and restrained by a substantial chain or leash, which may not exceed six (6) feet in length.  The chain or leash must be under the control of an individual 18 years of age or older.

       2.  An Owner of a dangerous animal must renew the registration of the animal annually until it is deceased.  Renewal of registration must include proof of up-to-date rabies vaccinations.

       3.  An Owner of a dangerous animal must notify the City in writing of the animal’s death or its transfer outside the City within 30 days of death or transfer, and must execute an affidavit of death or transfer as requested by the City.

       4.  The City may require any dangerous animal to be sterilized at the Owner’s expense.  The Owner must provide proof of sterilization of the animal to the City.  If the Owner does not have the animal sterilized, the animal control authority may have the animal sterilized also at the Owner’s expense.

       5.  The Owner of a dangerous animal who rents property from another, must notify the property Owner, prior to signing the lease agreement and at the time of any lease renewal that the person owns a dangerous animal that will also reside at the property.

       6.  A person that sells a dangerous animal must notify the purchaser that the animal has been identified as dangerous, and must also notify the City in writing, providing the new Owner’s name, address and telephone number.

       7.  The City may seize a dangerous animal if any of the requirements contained in this subdivision have not been met.  A seized animal may be reclaimed upon payment of impounding and confinement costs and proof that the requirements of this Ordinance will be met.  An animal not reclaimed within seven days will be destroyed, and the Owner will be liable for all costs incurred in confining and disposing of the animal.

       8. Beginning six months after an animal is declared a dangerous animal; an Owner may request annually that the City review the designation.  The Owner must provide evidence that the animal’s behavior has changed due to the animal’s age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors.  If the City finds sufficient evidence that the animal’s behavior has changed, the City may rescind the dangerous animal designation.

       9.  Notwithstanding anything in this subdivision to the contrary, the City may destroy an animal that has inflicted substantial or great bodily harm on a human being on public or private property without provocation.  Destruction of the animal may occur after the animal Owner has had a reasonable opportunity for a hearing before a decision-maker appointed by the City.

       10. Law enforcement; exemption.  Nothing contained in this Ordinance shall apply to dogs used for law enforcement purposes by a law enforcement agency. 

       Source:  Ordinance No. 307, Third Series, Effective Date:  3-15-2002

E.    Determination of Status.

       1.  Whether an animal is “dangerous” or “potentially dangerous” as that term is used herein shall be determined by the Chief of Police or his or her designee in consultation with the City Attorney.  The Owner and persons that have suffered injury or damage due to the animal shall be given written notice of the determination.

(Ord. 1334, 04-10-2006)

501.17: ATTACK BY AN ANIMAL:

It shall be unlawful for an owner to fail to restrain an animal from inflicting or attempting to inflict bodily injury to any person or other animal whether or not the owner is present. (Ord. 1078, 6-25-90)

501.18: SUMMARY DESTRUCTION OF CERTAIN ANIMALS:

Whenever an officer has reasonable cause to believe that a particular animal presents a clear and immediate danger to residents of the City because it is infected with rabies or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such animal, may summarily destroy said animal. (Ord. 1078, 6-25-90)

501.19: KENNELS:

No person shall maintain a kennel (more than 2 dogs over 3 months of age), as defined in Chapter 1002 of this Code, without first securing a license pursuant to Chapter 301 of this Code. This fee shall be in addition to the license fee prescribed in preceding sections for each dog kept in such a kennel. Kennel restriction shall not apply to veterinary hospitals licensed under Chapter 310 of this Code. (Ord. 1078, 6-25-90)

501.20: SPECIAL MULTIPLE DOG LICENSES:

Upon issuance of a special multiple dog license, three (3) or four (4) dogs over three (3) months of age may be kept at a licensed premises upon compliance with the following:

A.    Written Approval: The filing of written approval of the occupants from at least seventy five percent (75%) of the residential property abutting the licensed premises.

B.    Fenced Yard: The yard of the licensed premises is fenced in such a manner as to restrain dogs on the premises from leaving the yard.

C.    Nuisance: Dogs kept on the licensed premises do not create a nuisance by excessive barking or by creating unsanitary conditions.

D.    Fee: Payment of a yearly license fee pursuant to Section 301.03 of this Code.

E.    Denial of Application: The Chief of Police may deny requests for renewal of a special multiple dog license based upon complaints received during the preceding year. In the event of such a denial, the applicant may, within ten (10) days of being advised of the denial, request, in writing, a hearing before the City Council on the denial. (Ord. 1109, 4-13-92)

501.21: RIDING HORSES:

A.    Definition: As used in this Section, "riding horse" means any horse which is used primarily for riding. (Ord. 349, 12-1-61)

B.    License Required: No person shall keep any riding horse within the City for over thirty (30) days unless a license for such animal has been first secured.

C.    Condition of License: A license shall be granted to any applicant for a riding horse on the following conditions:

1. Said riding horse shall be used in such a manner so as not to annoy or disturb residents of the City.

2. Said riding horse will be kept in an inconspicuous place and not allowed to run at large.

D.    Application for License: The application for a license shall be made to the City Manager and granted by the City Council for the license of each particular horse. The license shall be suspended or revoked by the City Council upon any breach of the conditions of license set forth in this Section. (Ord. 349, 12-1-61)

E.    Minimum Area and Fencing: No license shall be issued for any riding horse unless the horse shall be kept in an adequately fenced pasture of a minimum size of three (3) acres, but no more than three (3) horses can be kept in such three (3) acre pasture at any one time. For each horse in excess of three (3), an additional one acre of fenced pasture shall be provided. (Ord. 734, 9-9-74)

F.    License Fee: The license fee for each riding horse is hereby established at five dollars ($5.00).

G.    Term of License: The license granted by the City Council under this Section shall be for the life of each horse and need not be renewed annually.

H.    Issuing and Affixing Tags: Upon the granting of a license by the City Council, the City Manager shall issue to the licensee a tag indicating that a license has been issued and said tag shall be affixed to the riding horse so licensed. (Ord. 349, 12-1-61)

501.22: CLEANUP:

The owner or attendant of any animal must carry clean-up utensils when taking the animal off personal property and must clean up all feces of the animal off personal property and dispose of such feces in a sanitary manner. (Ord. 1078, 6-25-90)

501.23: WILD ANIMALS:

A.    Purpose: It shall be unlawful to keep any wild animal within the City limits, except as permitted pursuant to the provisions of this Section.

B.    Definition: As used in this Section, the following term shall have the meaning ascribed to it in this subsection:

WILD ANIMAL: Any animal, mammal, amphibian, or reptile which is of a species which is wild by nature or of a species which, due to size, vicious nature or other characteristic is inherently dangerous to human beings. Examples of wild animals, without limitation, are:

1. Any large cat of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except domesticated house cats.

2. Any member of the family Canidae, such as wolves, hybrid wolves, coyotes, dingoes, and jackals, except domesticated dogs.

3. Any crossbreed such as crossbreeds between dogs and coyotes, or dogs and wolves, but does not include crossbred domesticated animals.

4. Any poisonous snake such as a rattlesnake, coral snake, water moccasin, puff adder or cobra.

5. Any skunk, raccoon, fox or protected animal.

6. Any bear, ape, monkey in excess of five (5) pounds, or badger.

7. Any other animal, bird or reptile which is commonly considered wild and not domesticated.

C.    Exceptions:

1. Any person desiring to keep an animal prohibited by this Section may apply for a permit from the City. Such permit may be issued for a period not to exceed thirty (30) days and shall specify conditions under which such animals shall be kept; provided, however, that no such permit shall be issued unless such prohibited animal is being kept by a person keeping such animal for a public zoo as a volunteer or docent. A public zoo or other institution engaged in a permanent display of animals and any bona fide research institution or veterinary hospital may be issued a permanent permit provided applicable zoning requirements are met.

2. Nonpoisonous snakes, domesticated birds, hamsters, mice, rabbits, lizards, spiders and other similar small animals capable of being kept in cages. Rats, if purchased from a bona fide pet store are an exception to this Section.

3. Medically prescribed companion animals.

4. Wildlife rehabilitators may only possess animals with a Minnesota Department of Natural Resources permit. Such animals will be kept in a manner as to not create unsanitary conditions or unreasonable noise.

5. Birds and birds of prey if kept pursuant to a valid U.S. Fish and Wildlife Services permit.

D.    Impounding of Wild Animals: Any wild animal kept in violation of this Section may be impounded by the City. The animal may be destroyed or sold five (5) days following notice to the owner of such animal of its impoundment and the provisions of this Section. Any person reclaiming any such animal shall pay the costs of impounding and boarding at the time of its release.

E.    Existing Wild Animals: Anyone keeping or maintaining any wild animal at the time this Section is adopted has thirty (30) days in which to comply with the provisions of this Section. (Ord. 1141, 6-13-94)

501.24: OWNER OBLIGATION FOR PROPER CARE:

No owner shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment. No person shall beat, treat cruelly, torment or otherwise abuse any animal or cause or permit any animal fight. No owner shall abandon any animal. (Ord. 1078, 6-25-90; amd. 1995 Code)

501.25: ENFORCEMENT:

Any community service officer or police officer may enter upon private land where there is reasonable cause to believe this Chapter is being violated. Any person who brings an animal into the City is subject to this Chapter. (Ord. 1078, 6-25-90)


 

CHAPTER 502
GENERAL OFFENSES

SECTION:

 

502.01:        Offenses Involving the Person

502.02:        Offenses Involving Property

502.03:        Offenses Involving Public Health and Safety

502.04:        Offenses Involving Public Officials

502.01: OFFENSES INVOLVING THE PERSON:

A.    Vagrancy: Minnesota Statute section 609.725 relating to vagrancy is incorporated by reference in this Chapter. (1990 Code)

B.    Trespassing: No person shall trespass upon:

1. The private premises of any other person within the City.

2. Any premises privately owned but open to the use of the general public for their patronage during specified business hours. No person shall, before or after said hours, remain on or return to said premises after having been requested to leave by the owner of said premises or the owner's authorized representative.

3. Any premises privately owned but open to the use of the general public for their patronage. No person shall, during business hours, remain on said premises after having been requested to leave by the owner of said premises or the owner's authorized representative.

4. Any public or private premises in the City where entrance to or exit from the premises is regulated or controlled by coin or token operated gates, turnstiles or other mechanical devices. No person shall enter on or exit from said premises without making the required coin or token deposit. (Ord. 556, 8-14-87)

C.    Lurking: No person shall lurk, lie in wait or conceal himself in any house or other building, or in any yard or premises with the intent to commit any offense prohibited by the laws of the State or by this Code. (Ord. 244, 5-10-58; amd. 1990 Code)

D.    Inhalation of Chemicals: No person shall inhale, drink or otherwise take into their body any compound, liquid or chemical containing tuluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichoroathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone or any other substance capable of inducing intoxication, elation, dizziness, paralysis, irrational behavior or distortion. The provisions of this Section shall not apply to any person who inhales or drinks such material pursuant to the direction or prescription of any physician. (1990 Code)

E.    Issuance of Worthless Checks: Minnesota Criminal Code section 609.535, as amended, relating to the issuance of worthless checks, is incorporated by reference in this Chapter. (Ord. 442, 11-9-64)

F.    Wrongful Appropriation: No person shall willfully take, use, transfer, conceal or retain the possession of goods, wares or merchandise offered or exposed for sale in any store or other business establishment with the intent of converting said property to the taker's own use and without paying the purchase price. (Ord. 647, 5-10-71)

G.    Theft: Minnesota Criminal Code section 609.52, as amended, relating to theft, is incorporated by reference in this Chapter. (Ord. 442, 11-9-64)

502.02: OFFENSES INVOLVING PROPERTY:

A.    Destruction or Injury to Property: No person shall intentionally damage any real property, personal property, residence, building or motor vehicle of another or throw any stone or other missile at such property. (Ord. 403, 9-9-63)

B.    Tampering with Outdoor Warning System: No person not duly authorized by the City Manager shall use, operate, alter, interfere or tamper with any of the sirens, switch boxes, installations or equipment of the outdoor warning system of the City. (Ord. 244, 55-10-58; amd. 1995 Code)

C.    Damage to Political Signs: No person shall damage or remove legal political signs without proper authority. (Ord. 1054, 1-23-89; amd. 1995 Code)

502.03: OFFENSES INVOLVING PUBLIC HEALTH AND SAFETY:

A.    Abandoned Ice Boxes: No person shall leave in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or any other container of any kind which has an airtight snap lock or other device without first removing the snap lock or doors from the ice box, refrigerator or container. (Ord. 244, 5-10-58)

B.    Dumping of Solid Waste: No person shall dump or deposit solid waste at any place within the City. (1995 Code)

C.    Discharge of Cesspools: No person shall discharge the contents of any privy vault, septic tank, cesspool, sink or private drain or discharge any other offensive waste upon the surface of any platted lot, upon any public or private street, in or upon any surface drain, or in any stream, lake, body of water or drainage structure within the City. (Ord. 168, 9-15-53)

502.04: OFFENSES INVOLVING PUBLIC OFFICIALS:

A.    Resisting Arrest; Obstructing Process:

1. No person shall willfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his/her office.

2. No person shall intentionally obstruct, hinder or prevent the lawful execution of any legal process, civil or criminal. (Ord. 403, 9-9-63; amd. 1990 Code)

B.    Disobeying Order of Police Officer: No person shall fail or refuse to comply with any lawful order or direction of any police officer within the City. (Ord. 556, 8-14-67)

C.    False Crime Reports; False Information: No person shall report or cause to be reported to the Police Department by telephone, in writing or by any other means of communication any felony, gross misdemeanor or misdemeanor knowing that no such felony, gross misdemeanor or misdemeanor has, in fact, been committed, nor shall any person, in reporting a felony, gross misdemeanor or misdemeanor which has actually been committed, knowingly give false information about the same to the Police Department. (Ord. 244, 5-10-58)

D.    Obstructing Council and City Employees:

1. False Statements: Make or submit any false report, petition or statement to the City Council, any City employee or any committee or commission established by the City Council while in the performance of their duties.

2. Interference: Interfere with or obstruct the City Council, any City employee or any committee or commission established by the City Council while in the performance of their duties. (Ord. 685, 11-21-72)

E.    Fire Violations: No person shall give or make or cause to be given or made an alarm of fire without probable cause, or neglect or refuse to obey a reasonable order of the Chief at a fire or interfere with the Fire Department in the discharge of its duties. No person other than a member of the Fire Department shall leave any vehicle standing within three hundred feet (3009) of a fire. No person shall drive a vehicle of any kind over a fire hose line on a street whether the same is in service at the time or not. (Ord. 690, 1-15-73)


 

CHAPTER 503
WEAPONS

 

SECTION:

 

503.01:        Discharge or Display Prohibited

503.02:        Handguns Prohibited

503.03:        Transporting Weapons Prohibited

503.04:        Switchblade Knives Prohibited

503.05:        Dangerous Weapon Defined

503.06:        Dangerous Weapons Prohibited

503.07:        Licenses, Repealed

503.08:        Sale to Minors Under Eighteen

503.09:        Exception

503.01: DISCHARGE OR DISPLAY PROHIBITED:

No person shall shoot, discharge or display any gun of any description whether it is loaded with powder, loaded or blank cartridges, or any other explosive or bullet, pellet or shot. This section shall not apply to ceremonial honor guards displaying or discharging guns loaded with blank cartridges and acting pursuant to written authorization of the chief of police, and this section's prohibition against display shall not apply to any retailer or dealer in guns. (Ord. 1272, 10-14-2002)

503.02: HANDGUNS PROHIBITED:

No person shall carry any revolver or handgun in any holster or otherwise upon the person whether it is concealed or not concealed, except under such conditions and in such places as complies with state and federal law. (Ord. 1291, 8-11-2003) (Ord. 1291, 8-11-2003)

503.03: TRANSPORTING WEAPONS PROHIBITED:

No person shall transport in or upon any motor vehicle any firearm, air gun, gas gun or spring gun unless it is completely unloaded and contained in a gun case, or unless unloaded and contained in the trunk of the vehicle, or bow and arrow unless unstrung and contained in the trunk of the vehicle with the trunk door closed. (1990 Code)

503.04: SWITCHBLADE KNIVES PROHIBITED:

No person shall sell, offer or display for sale, give away or have in his/her possession any knife of the type commonly known as a switchblade, spring or push button knife. (1990 Code)

503.05: DANGEROUS WEAPON DEFINED:

As used in this chapter, the term "dangerous weapon" includes any object or device, the use of which as a weapon against any person would or might be dangerous to his/her life or physical well being and safety including, but not limited to, any revolver or handgun, dagger, knuckles of wood, metal or plastic, switch blade knife, club or bow and arrow. (1990 Code; amd. 1995 Code)

503.06: DANGEROUS WEAPONS PROHIBITED:

No person shall carry or wear, either on his/her person or in a motor vehicle owned or operated by him/her, any dangerous weapon not licensed pursuant to applicable state law.  (Ord. 1291, 8-11-2003)

503.07: LICENSES, REPEALED

(Ord. 1291, 8-11-2003)

503.08: SALE TO MINORS UNDER EIGHTEEN:

No person shall give, sell or otherwise furnish any firearms or air guns of any kind, or any ammunition of any kind for use therein, to any minor under the age of eighteen (18) years without the written consent of the parent or guardian of said minor. Said permission shall be preserved by the person furnishing such arms or ammunition and shall be open to inspection at all reasonable times by all law enforcement officers or the judges of any court of record in the state. (1990 Code)

503.09: EXCEPTION:

This chapter shall not apply to any law enforcement officer or other persons whose duty, as prescribed by law, may be to serve warrants or make arrests, or to persons whose business or occupation may require the carrying of weapons for protection and who have obtained a license as provided in sections 503.02 and 503.07 of this chapter. (1990 Code)


 

CHAPTER 504
FIREWORKS

Repealed

(Ord. 1292, 8-11-2003)


 

CHAPTER 505
MINORS, CURFEW

SECTION:

 

505.01:        Definitions

505.02:        Prohibited Acts

505.03:        Exceptions

505.04:        Enforcement

505.01: DEFINITIONS:

For the purpose of this Chapter, the following definitions shall apply:

AUTHORIZED ADULT: Any person who is at least eighteen (18) years of age and authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time.

EMERGENCY ERRAND: An errand necessary to avoid or seek help for harm or peril that is immediate, overwhelming or physical, provided the minor could not have avoided the necessity of the errand by taking advance precautions.

MINOR: Any unemancipated person under the age of eighteen (18) years.

PARENT: Any person having legal custody of the minor as natural or adoptive parent, as legal guardian, or as a person to whom legal custody has been given by order of the court.

PUBLIC PLACE: Any public street, highway, roadway, park, public recreation, entertainment or civic facility or other place open to the public within the City. (Ord. 1154, 10-10-94)

505.02: PROHIBITED ACTS:

A.    It shall be unlawful for any minor under the age of sixteen (16) to be in a public place within the City during the period ending at five o'clock (5:00) A.M. and beginning at ten o'clock (10:00) P.M. every day of the week.

B.    It shall be unlawful for any minor who is sixteen (16) or seventeen (17) years of age to be in any public place within the City during the period ending at five o'clock (5:00) A.M. and beginning at twelve o'clock (12:00) midnight every day of the week.

C.    It shall be unlawful for a parent or authorized adult of a minor to knowingly, or by inefficient control, permit such minor to be in any public place within the City during the hours prohibited by subsections A and B above under circumstances not constituting an exception to this Chapter as set forth herein. The term "knowingly" includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a minor under such person's care.

D.    It shall be unlawful for any person operating or in charge of any place of amusement or refreshment which is open to the public to knowingly permit any minor to remain in such place during the hours prohibited by subsections A and B above under circumstances not constituting an exception to this Chapter as set forth herein. (Ord. 1154, 10-10-94)

505.03: EXCEPTIONS:

A.    The following shall constitute valid exceptions to the operation of the curfew:

1. At any time, if a minor is accompanied by his/her parent or an authorized adult.

2. At any time, if a minor is upon an emergency errand.

3. At any time, the minor is upon some necessary errand by permission or direction of said parent, guardian or other adult person having the care and custody of said minor, which permission shall be in written form and signed by such parent, guardian or other adult person having the care and custody of the said minor.

4. At any time, where the presence of said minor in said place or places is connected with or required by some legitimate business, trade or profession or occupation in which said minor is permitted by law to be engaged.

5. If the minor is legally employed, for a period from forty five (45) minutes before or after work, while going directly between his/her home and place of employment.

6. At any time the minor is engaged in interstate travel.

7. At any time the minor is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Article I of the Constitution of the State of Minnesota), such as free exercise of religion, freedom of speech, and a right of free assembly.

8. At any time the minor is married in accordance with the law or had disability of nonage removed by a court of competent jurisdiction.

9. At any time the minor is homeless or uses a public or semipublic place as his/her usual place of abode.

10. At any time the minor is on the boulevard or sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor has not complained to the Police Department about the minor's presence.

11. At any time the minor is attending, or returning by a direct route to his/her current residence from, a specific activity at a public or semipublic place which is open to the general public and supervised by adults at least twenty one (21) years of age; provided further, that any such activity begins no later than ten o'clock (10:00) P.M.; provided further, that the minor possesses written permission from his/her parent or legal guardian authorizing the minor to attend or engage in that specific activity.

12. Attending an official school, religious or recreational activity supervised by adults at least twenty one (21) years of age and sponsored by the City, a school, church, civic organization or other similar entity, which organization takes responsibility for the minor as an invitee, or going to or returning from, any such activity without any detour; provided further, that the minor possesses written permission from his/her parent or legal guardian authorizing the minor to attend or engage in that specific activity.

B.    It is a defense to prosecution under Section 505.02 that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. 1154, 10-10-94)

505.04: ENFORCEMENT:

Before taking any enforcement action under this Section, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 505.03 is present. (Ord. 1154, 10-10-94)


 

CHAPTER 506
FALSE ALARMS - SECURITY AND ALARM SYSTEMS

SECTION: 

 

506.01:        Purpose

506.02:        Definitions

506.03:        User Fees

506.04:        Payment of Fees

506.01: PURPOSE:

The purpose of this Chapter is to provide regulations for the use of burglary, fire and safety alarms, including establishment of use fees for false alarms. (Ord. 1076, 4-23-90)

506.02: DEFINITIONS:

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

ALARM SYSTEM: Any alarm installation designed to be used for the prevention or detection of burglary, robbery or fire on the premises which contains an alarm installation. Automobile alarm devices shall not be considered an alarm system under the terms of this Chapter.

ALARM USER: The person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility where an alarm system is maintained.

FALSE ALARM: An alarm signal eliciting a response by public safety personnel when a situation requiring a response does not exist and which is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation or the inadvertence of the user of an alarm system or its employees or agents. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps or violent conditions of nature nor do they include alarms caused by third persons over whom the user has no control.

PUBLIC SAFETY PERSONNEL: Duly authorized City employees. (Ord. 1076, 4-23-90)

506.03: USER FEES:

A.    False Alarms: The user of an alarm system who reports more than three (3) false alarms to the Police Department or more than two (2) false alarms to the Fire Department in a single calendar year (and who has received notice of such false alarms) will be charged a fee for each subsequent false alarm as follows:

1. Police Department: For alarms requiring a police response (such as burglary or robbery alarms) for the fourth false alarm seventy five dollars ($75.00) and for each subsequent false alarm an additional cumulative twenty five dollars ($25.00) fee (e.g. fourth false alarm - $75.00; fifth false alarm - $100.00; sixth false alarm - $125.00, etc.).

2. Fire Department: For alarms requiring a Fire Department response, the fee for the third false alarm shall be three hundred dollars ($300.00) and for each subsequent false alarm an additional cumulative one hundred dollar ($100.00) fee up to a maximum five hundred dollar fee ($500.00) per occurrence (e.g. third false alarm - $300.00; fourth false alarm - $400.00; fifth and subsequent false alarms - $500.00).

B.    Appeal: An alarm user required by the City to pay a user fee as a result of a false alarm may make a written appeal of the false alarm user fee to the Chief of Police or Fire Chief, as appropriate, within ten (10) days of notice by the City of the false alarm charge. An adverse decision by the Chief of Police or Fire Chief may be appealed to the City Manager within ten (10) days of receipt of the Chief of Police's or Fire Chief's decision. The City Manager will have authority to make a final determination as to whether or not the user is to be charged a user fee for the false alarms. (Ord. 1076, 4-23-90)

506.04: PAYMENT OF FEES:

A.    Payment of user fees provided for herein must be paid to the City Treasurer within thirty (30) days from the date of notice by the City to the alarm user. Failure to pay the fee within thirty (30) days will result in the imposition of a penalty of ten percent (10%) of the user fee.

B.    All unpaid user fees and penalties shall be certified as an assessment against the property on which the alarm was located and shall be collected each year along with the taxes on such property. (Ord. 1076, 4-23-90)


 

CHAPTER 507
DRUGS, CONTROLLED SUBSTANCES

SECTION:

 

507.01:        Prohibited Drugs and Marijuana

507.02:        Drug Paraphernalia

507.01: PROHIBITED DRUGS AND MARIJUANA:

A.    Possession: Except as authorized by Minnesota Statutes, section 152.01, et seq., as amended, no person shall possess or have in their possession or control any controlled substance.

B.    Controlled Substances: Controlled substances are defined as all of the substances listed in Minnesota Statutes section 152.02, as amended, and also marijuana (cannabis sativa L).

C.    Automobiles: A person who is the owner of a private motor vehicle, or the driver of the motor vehicle if the owner is not present, and who possesses on his/her person or keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, any controlled substance as defined above is guilty of a misdemeanor. This area of the vehicle shall not include the trunk of the motor vehicle when such vehicle is equipped with a trunk or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

D.    Violations: Any person violating any of the subsections of this Section is guilty of a misdemeanor; further, upon a finding of guilty or a plea of guilty to any violation of this Section, the Court may impose sentence pursuant to the provisions of Minnesota Statutes section 152.18, as amended, except that such period of probation may be for a period of up to one year. (Ord. 729, 4-29-74; amd. 1995 Code)

507.02: DRUG PARAPHERNALIA:

A.    Definitions:

1. "Drug Paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use, in planting, propagating, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Minnesota Statutes chapter 152, which includes, but is not limited to:

a. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

b. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

c. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.

d. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

e. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.

f. Diluents and adulterants such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances.

g. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.

h. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.

i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.

j. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.

k. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.

l. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

(2) Water pipes.

(3) Carburetion tubes and devices.

(4) Smoking and carburetion masks.

(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

(6) Miniature cocaine spoons and cocaine vials.

(7) Chamber pipes.

(8) Carburetor pipes.

(9) Electric pipes.

(10) Air-driven pipes.

(11) Chillums.

(12) Bongs.

(13) Ice pipes or chillers.

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all the other logically relevant factors, the following:

a. Statements by an owner or by anyone in control of the object concerning its use.

b. Prior convictions, if any, of the owner or of anyone in control of the object of any State or Federal law relating to any controlled substance.

c. The proximity of the object in time and space to the direct violation of this Section.

d. The proximity of the object to controlled substances.

e. The existence of any residue of controlled substances on the object.

f. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom the person in control knows, or should reasonably know, intend to use the object to facilitate a violation of this Section; the innocence of an owner or of anyone in control of the object, as a direct violation of this Section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

g. Instructions, oral or written, provided with the object concerning its use.

h. Descriptive materials accompanying the object which explain or depict its use.

i. National and local advertising concerning its use.

j. The manner in which the object is displayed for sale.

k. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community such as a licensed distributor or dealer of tobacco products.

l. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.

m. The existence and scope of legitimate uses for the object in the community.

n. Expert testimony concerning its use.

2. Other Terms: The terms "controlled substance", "manufacturing", "marijuana" and "person" are defined as specified in Minnesota Statute section 152.01 and any amendment thereto.

B.    Offenses and Penalties:

1. Possession of Drug Paraphernalia: It is unlawful for any person to use or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this Section.

2. Manufacture or Delivery of Drug Paraphernalia: It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this Section.

3. Advertisement of Drug Paraphernalia: It is unlawful for any person to place or cause to be placed in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

4. Penalty: Any person who violates subsections 1, 2 or 3 of this subsection is guilty of a misdemeanor.

C.    Forfeiture: Upon final conviction for violation of the provisions of this Section, all drug paraphernalia seized as evidence shall be turned over to the Chief of Police. Any such evidence which is adaptable to police purposes may be kept and used by the Police Department. Such evidence which is usable or adaptable for use in a lawful manner may be sold by the Chief of Police at a public auction-sale following at least two (2) weeks' published notice of such sale. Such evidence which would be dangerous or unlawful to reintroduce into channels of private sale or use may, in the discretion of the Chief of Police, be destroyed. (Ord. 929, 8-8-81)


 

CHAPTER 508
UNCLAIMED PROPERTY

SECTION:

 

508.01:        Sale of Unclaimed Property

508.01: SALE OF UNCLAIMED PROPERTY:

The Chief of Police is authorized to administer the disposal of property lawfully coming into the possession of the City and remaining unclaimed by the owner after sixty (60) days. Disposal shall be by sale to the highest bidder at public auction or sale. A notice specifying the date, time and place of any auction or sale shall be published in a newspaper of general circulation throughout the City at least one week prior to such auction or sale. The net proceeds of sale shall be placed in the City's General Fund, subject to the right of the former owner to payment of the net proceeds upon application and presentation of satisfactory proof of ownership within six (6) months of the sale. Net proceeds means the sale price less all costs of handling, storage or sale. (Ord. 849, 6-11-79)


 

 

 

 

 

TITLE 6
MOTOR VEHICLES AND TRAFFIC


CHAPTER 601
TRAFFIC RULES

 

SECTION:

 

601.01:        Adoption of Code

601.02:        Obstruction of Traffic

601.03:        Unreasonable Acceleration

601.04:        Open Bottle in Motor Vehicle

601.05:        Traffic Control Devices

601.01: ADOPTION OF CODE:

The regulatory provisions and definitions of the Minnesota Traffic Code found in Minnesota Statutes, chapter 169, as amended, are hereby adopted as an ordinance regulating the use of highways, streets, alleys and other portions of the City and are hereby incorporated in and made a part of this Code as completely as if set out in full. (Ord. 728, 4-19-74)

601.02: OBSTRUCTION OF TRAFFIC:

No person shall in any manner or at any time obstruct the traffic on any public street or road except that any railroad company may obstruct or close for traffic any such public street or road by a standing car, train, engine or other railroad equipment for not longer than ten (10) minutes at any one time. (Ord. 264, 1-20-59)

Except where the term is expressly defined by other provisions or sections within this Chapter, No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public or private way within the City. Prima facie evidence of such unnecessary exhibition of speed shall be squealing or screeching sounds emitted by the tires or the throwing of sand or gravel by the tires of said vehicle, or both. (Ord. 552, 8-28-67)

601.04: OPEN BOTTLE IN MOTOR VEHICLE:

Whoever violates any of the following provisions is guilty of a misdemeanor:

A.    No person shall drink or consume intoxicating liquor or nonintoxicating malt liquors in any motor vehicle.

B.    No person shall have in their possession while in a motor vehicle any bottle or receptacle containing intoxicating liquors or nonintoxicating malt liquor which has been opened, the seal broken or the contents of which have been partially removed.

C.    It shall be unlawful for the owner of any private motor vehicle or the driver, if the owner be not then present in the motor vehicle, to keep or allow to be kept in a motor vehicle any bottle or receptacle containing intoxicating liquors or nonintoxicating malt liquors which have been opened, the seal broken or the contents of which have been partially removed, except when such bottle or receptacle shall be kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passenger if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

D.    Subsections A, B and C shall not apply to motor vehicles upon public highways. (Ord. 552, 8-28-67)

601.05: TRAFFIC CONTROL DEVICES:

The placement and maintenance of traffic control devices on roads under the jurisdiction of the City is necessary to carry out the provisions in the Minnesota Traffic Code, Minn. Stat. Ch. 169, and in order to regulate, warn and guide traffic utilizing City roads.  There is hereby created a Traffic Safety Committee consisting of the City Manager, Director of Public Works, and Chief of Police.  The Traffic Safety Committee shall have the following authority:

A.    To investigate and study all matters relating to vehicular traffic conditions including but not limited to parking, speed, traffic control, and traffic safety hazards.

B.    To implement and provide for the installation of whatever traffic control devices are necessary to improve and promote traffic safety and properly manage the use of City roads.

C.    To study and recommend to other road authorities maintaining roadways within the City corrective measures that may be deemed necessary to address traffic issues that may exist as to those authorities’ roads within the City. 

(Ord. 1335, 4-24-2006)

 

 


 

CHAPTER 602
STOPPING, STANDING AND PARKING

SECTION:

 

602.01:        Locking Required

602.02:        Failure to Lock Immaterial in Certain Cases

602.03:        Removal of Keys by Police Officer

602.04:        Unattended Motor Vehicles

602.05:        Handicapped Parking

602.06:        Parking on Boulevard Prohibited

602.07:        Fire Lanes

602.08:        Vehicular Parking or Traffic Temporarily Prohibited

602.09:        No Parking After Snowfall

602.10:        Rules on Private Parking Lots

602.01: LOCKING REQUIRED:

No person shall leave a motor vehicle, except a commercial motor vehicle, unattended on any street, alley, used car lot or unattended parking lot without first stopping the engine, locking the ignition and removing and taking the key. (Ord. 270, 1-27-1958)

602.02: FAILURE TO LOCK IMMATERIAL IN CERTAIN CASES:

Any violation of the provisions of section 602.01 of this chapter shall not mitigate the offense of stealing or tampering with such motor vehicle nor shall violation be used to prevent a recovery in any civil action for theft of such motor vehicle, or the insurance on such vehicle or have any other bearing in any civil action. (Ord. 270, 1-27-1958; amd. 1990 Code)

602.03: REMOVAL OF KEYS BY POLICE OFFICER:

Whenever any police officer of the city shall find a motor vehicle standing in violation of section 602.01 of this chapter, the police officer is authorized and directed to remove the keys left in such vehicle and to deliver such keys to the officer in charge of the police department at the city hall. (Ord. 270, 1-27-1958)

602.04: UNATTENDED MOTOR VEHICLES:

A.    Manner of Parking: Any vehicle parked at any time in any part of the city shall be parked with the right-hand side parallel to the curb or edge of the street and not more than one foot (19) from the curb or edge of the street leaving at least four feet (49) between parked vehicles except where marks or signs on the streets indicate that cars shall be parked at an angle. (Ord. 270, 1-27-1958; amd. 1995 Code)

B.    Double Parking: Vehicles shall not stand two (2) or more abreast in any street except in the case of commercial vehicles when calling for or delivering parcels or merchandise such commercial vehicle may double park for the length of time absolutely and reasonably necessary to load or unload when access to the curb is blocked by other vehicles at the place of delivery. (Ord. 270, 1-27-1958)

C.    Time Limitations: No truck with a capacity of over two (2) tons shall be parked on any street for more than ninety (90) minutes or for the time necessary to load or unload such truck. (Ord. 270, 1-27-1958; amd. 1995 Code)

D.    Parking On Private Property: No vehicle shall be parked or left standing upon the private property of any person without the consent of the property owner. (Ord. 270, 1-27-1958)

602.05: HANDICAPPED PARKING:

A.    Restriction: No person shall park a motor vehicle in a parking space designated and reserved for the physically handicapped, on either private or public property, unless:

1. That person is physically handicapped in a manner rendering it difficult and burdensome for such person to walk or such person was operating the vehicle under the direction of such a physically handicapped person; and

2. The vehicle visibly bears or contains the certificate or insignia issued to physically handicapped persons by the Minnesota Department of Public Safety pursuant to Minnesota Statutes section 169.345, subdivision 2.

B.    Notice of Designation: Notice of such designation of handicapped parking spaces shall be given by the posting of signs designated in accordance with the requirements of the manual of the commissioner of public safety on uniform traffic control devices and the location, number and method of signing of such spaces is first approved by the chief of police. (Ord. 781, 5-10-1976)

602.06: PARKING ON BOULEVARD PROHIBITED:

No vehicle shall be parked on any boulevard adjacent to a public street except for boulevard parking spaces listed on the inventory of boulevard parking spaces regularly in use, dated June 30, 1984, prepared by the code enforcement officer, a copy of which is incorporated herein by reference and which is on file in the office of the city manager, may continue to be used until one of the following occurs:

A.    Roadway improvements involving disturbance of or removal of the boulevard parking area is undertaken; or

B.    Substantial improvements to the lot located adjacent to the boulevard parking area is undertaken, such expansion or construction of house, garage or driveway. (Ord. 1223, 6-29-1999)

602.07: FIRE LANES:

A.    Designation of Lanes: When the fire chief determines that it is necessary for fire safety purposes to establish areas of access for firefighting equipment, the fire chief shall designate fire lanes along the curb of public and private roadways adjacent to buildings and within the parking lots of public and private property. Within thirty (30) days of notification of such designation, in writing, by the fire chief, the owner of the property adjacent to such fire lanes shall, at the property owner's expense:

1. Post and maintain signs approved by the fire chief reading, in substance, "NO PARKING - FIRE LANE". Such signs shall be posted at each end of the fire lane and at least at every one hundred foot (1009) interval within the fire lane.

2. Paint and maintain the painting of the curbing along the fire lanes in a yellow color. (Ord. 987, 12-2-1985)

B.    Removal of Unauthorized Vehicle: No vehicle, except an authorized emergency vehicle, may be parked in a fire lane. Vehicles in violation of this section may be removed, impounded and kept in custody under the direction of the chief of police. (Ord. 905, 5-10-1982)

602.08: VEHICULAR PARKING OR TRAFFIC TEMPORARILY PROHIBITED:

A.    Maintenance, Improvements Or Emergency: The public works director or the chief of police may temporarily prohibit vehicular parking or traffic upon any public street at such times as the public works department is performing maintenance or making improvements to such streets or at such times that a public safety emergency exists on or near such streets.

B.    Posting: No person shall park or drive a vehicle on a public street after it has been posted with signs by the public works director or the chief of police temporarily prohibiting vehicular parking or traffic pursuant to this section. (Ord. 817, 5-8-1978; amd. 1995 Code)

602.09: NO PARKING AFTER SNOWFALL:

A.    Parking Restricted: No person shall park any vehicle, except in compliance with directions of a police officer or in compliance with regulatory parking signs, on any street for a period of forty eight (48) hours commencing immediately after any two inches (2") or more continuous snowfall or until snow removal has been completed on any street, whichever occurs first. (Ord. 687, 12-18-1972)

B.    Removal of Illegally Parked Vehicles: Any vehicle parked in violation of this section is declared to be a nuisance which interferes with snow removal from public streets and any police officer may remove or cause to be removed, summarily, any such vehicle by means of towing or otherwise or such police officer may require the driver or owner to remove such vehicle off the paved, improved or traveled portion of such street.

C.    Prosecution For Violation: The removal of a vehicle which is parked in violation of this section, either by a police officer or under the direction of a police officer, shall not preclude a prosecution for violation of any provision of this chapter. (Ord. 361, 2-26-1962)

602.10: RULES ON PRIVATE PARKING LOTS:

On any private parking lots within the city, the following rules shall apply:

A.    The police department may post signs at any entrances to a private parking lot from a public street which shall designate one-way traffic for entrance or exit. The driver of any vehicle entering or leaving such lot shall comply with any one-way signs so posted.

B.    No person shall operate a motor vehicle at a speed greater than is safe and reasonable under the conditions of then existing traffic and in no event exceed a speed of fifteen (15) miles per hour.

C.    Parking on such lots shall conform to any stalls or positions for parking designated on the surface of the parking area.

D.    No vehicle shall be parked or allowed to stand in any area of such parking lot which has been designated or is used for a lane for moving traffic so as to interfere with the movement of traffic. (Ord. 401, 8-26-1963)

E.    No motor vehicle shall be parked or allowed to stand in such a lot at a curb which is painted yellow.

F.    No motor vehicle shall be parked or allowed to stand in such a lot in front of any entrance to any business open to public patronage. (1990 Code)


 

CHAPTER 603
BICYCLE ROUTES

SECTION:

 

603.01:       Routes Established

603.02:       Signs Designating Routes

603.03:       Motorized Vehicles Prohibited

603.01: ROUTES ESTABLISHED:

There are hereby established routes for bicycles. The City Council shall, by resolution, approve said locations. (Ord. 668, 6-12-62)

603.02: SIGNS DESIGNATING ROUTES:

There shall be erected appropriate signs on paths, walks or streets informing the public of said bicycle route and informing them of the prohibitions of motorized vehicles on certain routes. (Ord. 668, 6-12-62)

603.03: MOTORIZED VEHICLES PROHIBITED:

Except for authorized service vehicles, no person shall operate any snowmobile, trail bike, motorcycle, mini bike or any other vehicle which has a source of power other than the physical effort of the users on any route designated as a bicycle route except those on public streets. (Ord. 668, 6-12-62; amd. 1995 Code)


 

CHAPTER 604
SNOWMOBILES

SECTION:

 

604.01:        Adoption of Code and Regulations

604.02:        Limitation of Operation

604.03:        Hours of Operation

604.04:        Speed

604.05:        Tow Bars

604.06:        Mandatory Lights

604.07:        Mandatory Pennant

604.01: ADOPTION OF CODE AND REGULATIONS:

Unless otherwise provided herein, Minnesota Statutes 1974 sections 84.81 to 84.90, inclusive, and the Regulations of the Minnesota Commissioner of Natural Resources, Reg. N.R. 51 to 59, inclusive, official copies of which are on file in the office of the City Manager, are hereby adopted and incorporated herein by reference for the purpose of prescribing regulations for the operation of snowmobiles within the City. Whenever reference is made in this Chapter to these statutes and regulations, such reference shall include all subsequent amendments. (Ord. 775, 2-9-76)

604.02: LIMITATION OF OPERATION:

Except for loading or unloading, no person shall operate a snowmobile within the City in any of the following places:

A.    Within one hundred fifty feet (1509) of any residential building.

B.    On private property where lawful permission has not been obtained.

C.    On public streets, boulevards and any other public place except where such snowmobile route has been designated by the City for such use. (Ord. 775, 2-9-76)

604.03: HOURS OF OPERATION:

No person shall operate a snowmobile in the City between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., prevailing time in Ramsey County, Sunday through Thursday, and from one o'clock (1:00) A.M. to seven o'clock (7:00) A.M. on other days, including the day preceding a national holiday. (Ord. 775, 2-9-76)

604.04: SPEED:

No person shall operate a snowmobile in the City at a speed in excess of limits specifically posted for such use or at a speed in excess of fifteen (15) miles per hour within one hundred fifty feet (1509) of any fisherman, fish house, pedestrian, skier, skater, skating rink, sliding area, ski tow area or other area where such operation would conflict with or endanger other persons or property. (Ord. 775, 2-9-76)

604.05: TOW BARS:

No person shall operate a snowmobile so as to tow any person, sled or other conveyance except by the use of a rigid tow bar attached to the rear of such snowmobile.  Persons towing disabled snowmobiles shall be exempt. (Ord. 775, 2-9-76)

604.06: MANDATORY LIGHTS:

No person shall operate a snowmobile unless such vehicle is equipped with a head light and tail light that is illuminated at all times during such operation. Snowmobiles equipped with an engine of five (5) horsepower or less shall be exempt. (Ord. 775, 2-9-76)

604.07: MANDATORY PENNANT:

No person shall operate a snowmobile unless such vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five feet (59) above the treadway. (Ord. 775, 2-9-76)


 

CHAPTER 605
MOTORIZED GOLF CARTS AND ALL TERRAIN VEHICLES

 

SECTION:

 

605.01:        Operation

605.02:        Permit Required

605.03:        Application for Permit

605.04:        Term of Permit

605.05:        Requirements for Permit

605.06:        Conditions of Permit

605.07:        Slow Moving Vehicle Emblem

605.08:        Application of Traffic Laws

605.09:        Suspension or Revocation of Permit

605.01: OPERATION:

Persons who are physically handicapped as defined in Minnesota Statute section 169.345, subdivision 2, are authorized to operate motorized golf carts or all terrain vehicles on designated roadways or portions of such roadways within the City. (Ord. 1007, 12-8-86)

605.02: PERMIT REQUIRED:

No person shall operate a motorized golf cart or all terrain vehicle without obtaining a permit as provided herein. (Ord. 1007, 12-8-86; amd. 1995 Code)

605.03: APPLICATION FOR PERMIT:

Every application for a permit shall be made to the Chief of Police and shall contain the following information:

A.    The name, address and age of the applicant.

B.    The nature of the applicant's physical handicap.

C.    The roadways or portions of such roadways on which the motorized golf cart or all terrain vehicle will be operated.

D.    The time of operation of the motorized golf cart or all terrain vehicle.

E.    Such other information as the Chief of Police may require. (Ord. 1007, 12-8-86)

605.04: TERM OF PERMIT:

Permit shall be granted for the period of one year and may be renewed annually. (Ord. 1007, 12-8-86)

605.05: REQUIREMENTS FOR PERMIT:

No permit shall be granted unless the following requirements are met:

A.    The applicant must demonstrate that applicant is a physically handicapped person as defined in Minnesota Statute section 169.345, subdivision 2.

B.    The applicant must submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart or all terrain vehicle on the roadway designated.

C.    The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statute section 65B.48, subdivision 5. (Ord. 1007, 12-8-86)

605.06: CONDITIONS OF PERMIT:

The Chief of Police shall designate the following conditions for operation of the motorized golf cart or all terrain vehicle:

A.    The roadways or portions thereof upon which motorized golf carts or all terrain vehicles will be permitted to operate.

B.    The hours of operation on designation roadways. In no event shall motorized golf carts or all terrain vehicles be operated on designated roadways for any hours greater than sunrise to sunset, in inclement weather or when visibility is impaired by weather, smoke, fog or any other reason.

C.    Any other restrictions imposed in the interests of public safety. (Ord. 1007, 12-8-86)

605.07: SLOW MOVING VEHICLE EMBLEM:

Motorized golf carts or all terrain vehicles shall display the slow moving vehicle emblem provided for in Minnesota Statute section 169.522 when operated on designated roadways. (Ord. 1007, 12-8-86)

605.08: APPLICATION OF TRAFFIC LAWS:

Every person operating a motorized golf cart or all terrain vehicle under permit on designated roadways has all rights and duties applicable to the driver of any vehicle under the provisions of Minnesota Statutes chapter 169 except when those provisions cannot reasonably be applied to motorized golf carts or all terrain vehicles and except as otherwise specially provided in Minnesota Statute section 169.045, subdivision 7. (Ord. 1007, 12-8-86)

605.09: SUSPENSION OR REVOCATION OF PERMIT:

The Chief of Police may suspend or revoke a permit granted under this Chapter upon the finding that the holder has violated any of the provisions of this Chapter or Minnesota Statutes chapter 169, or if there is evidence that the permittee cannot safely operate the motorized golf cart or all terrain vehicle on the designated roadways. (Ord. 1007, 12-8-86)


 

 

 

 

 

TITLE 7
PUBLIC WAYS AND PUBLIC PROPERTY


CHAPTER 701
PARKS AND RECREATION

 

SECTION:

 

701.01:        Definition

701.02:        Use of Motor or Snow Vehicles

701.03:        Prohibited Conduct or Activity

701.01: DEFINITION:

The word "park" when used in this Chapter shall mean any municipally owned or operated public park, open space, playground or golf course. (Ord. 534, 4-24-1967; amd. 1995 Code)

701.02: USE OF MOTOR OR SNOW VEHICLES[15]:

A.    Operation of Vehicles: Except for authorized service vehicles, no person shall drive or operate any vehicle in any park except on roads, parking areas or such other areas designated by the Director of Parks and Recreation at a speed not to exceed fifteen (15) miles per hour.

B.    Parking of Vehicles: No person shall park any motor vehicle in any park except in designated parking areas. (Ord. 534, 4-24-1967; amd. 1995 Code)

701.03: PROHIBITED CONDUCT OR ACTIVITY:

The following regulations apply in all parks:

A.    No person shall light or make a fire except in places provided for such purposes.

B.    No person shall discharge any firearms or air guns[16].  No person shall discharge or display any fireworks unless a permit is obtained from the City Manager[17].

C.    No person shall use bows and arrows in parks and playgrounds except in areas designated for that purpose.

D.    No person shall scatter about or litter the grounds with any form of waste material.

E.    No person shall throw stones or rubbish of any kind in any lake, pond or watercourse nor bathe, swim or wade except in designated areas.

F.    No person shall affix or inscribe any handbill or poster on any structure or property in any park or any place, square or highway contiguous to any park. (Ord. 534, 4-24-1967)

G.    No person shall possess, display, consume or use intoxicating liquors as defined in Minnesota Statutes section 340A.101, subdivision 14. No person shall possess, display, consume or use nonintoxicating malt liquors as defined in Minnesota Statutes section 340A.101, subdivision 19, except inside or on the deck of the clubhouse at the Roseville Golf Course or in certain areas of Central Park. The permitted areas in Central Park shall be established by the Director or designee of the Parks and Recreation Department pursuant to permits issued on a case-by-case basis and upon conditions imposed by said permits. (Ord. 1111, 4-27-1992)

H.    No person shall disturb or interfere with any birds or animals kept or found in such park.

I.     No person shall be permitted to sell any article including food or drink unless such person shall have a permit, lease or concession granted by the City.

J.     No person shall play any game of baseball, football or other game except in areas provided for such game. (Ord. 534, 4-24-1967; amd. 1995 Code)

K.   No dogs shall be allowed except on leash, cord, or chain not more than six feet (69) in length. This subsection does not apply to service animals accompanying a disabled person.

The owner or attendant of any animal must carry clean-up utensils and clean up and dispose of all feces in a sanitary manner. (Ord. 1168, 8-12-1996)

L.    City parks shall be closed between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. unless otherwise posted. No person shall remain and no motor vehicle shall be left in the park between those hours unless special permission has been granted by the Director of Parks and Recreation. (Ord. 1069, 1-8-1990)

M.   No person shall write upon, mark, deface or destroy in any manner or use in any improper way any property or thing pertaining to or in said parks.

N.   All persons shall obey all orders or directions of the Director or employees of the Department of Parks and Recreation.

O.   No person shall break, cut, mutilate, injure, remove or carry away any tree, plant, flower, shrub, rock, soil, sand, fence, bench or any other property.

P.    No person shall ride a horse or other animal without a permit from the Parks and Recreation Director.

Q.   No person shall use SCUBA or other diving equipment. (Ord. 534, 4-24-1967; amd. 1995 Code)

R.    Notwithstanding anything to the contrary in this Code, the use of nonintoxicating malt liquors as defined in Minnesota Statutes section 340A.101, subdivision 19, is permitted in certain areas of McCarrons Lake Park. The permitted areas in McCarrons Lake Park shall be established by the Director of the Parks and Recreation Department, or the Director's designee, pursuant to permits issued by Ramsey County on a case-by-case basis and upon review and approval of said permits by the Director and the Roseville Police Department.

This subsection R shall be in force until the issuance of a certificate of completion for the Snail Lake Park shelter or November 1, 1999, whichever occurs first, at which time it shall be repealed without further action of the City Council. (Ord. 1204, 5-26-1998)


 

CHAPTER 702
USE AND REGULATION OF PUBLIC WATERS

 

SECTION:

 

702.01:        Adoption of Code

702.02:        Speed Limited

702.03:        Water-Skiing or Surfboarding

702.04:        No Wake Zone

702.05:        Lake Owasso and Lake Josephine Restrictions

702.06:        Aircraft

702.01: ADOPTION OF CODE:

For the purpose of regulating the operation of motorboats on the public waters within the City, the provisions of Minnesota Statutes section 86B.001 et seq., are adopted and by this reference made a part of this Chapter as completely as if set forth in full herein. (Ord. 1187, 9-8-1997)

702.02: SPEED LIMITED:

No motorboat shall be operated on any public waters at a speed greater than is reasonable and proper having due regard to safety of other boats and persons. On McCarrons Lake, Lake Owasso and Lake Josephine, no motorboat shall be operated at a speed greater than forty (40) miles per hour. (Ord. 1207, 8-10-1998)  (Ord. 1341, 7-10-2006)

702.03: WATER-SKIING OR SURFBOARDING:

Except as provided for elsewhere in this Chapter, no motorboat shall be used for the purpose of water-skiing, surfboarding or other similar device, on any lake unless such operation is performed in a manner so that neither the boat nor the skier or surfboard rider come within three hundred feet (3009) of shoreline, docks, swimmers or other boats. (Ord. 1187, 9-8-1997)

702.04: NO WAKE ZONE:

Except as provided for elsewhere in this Chapter, no person shall operate a motorboat or be towed on water skis or a similar device at greater than a slow-no wake speed within three hundred feet (3009) of shore. Launching or landing a skier by the most direct route to open water shall be exempt from this provision. (Ord. 1187, 9-8-1997)

702.05: LAKE OWASSO AND LAKE JOSEPHINE RESTRICTIONS:

Notwithstanding any other provision of this Code to the contrary, the following restrictions apply to the operation and use of motorized watercraft on Lake Owasso and Lake Josephine:

A.    Definitions: The following words and phrases when used in this Chapter have the meanings set forth in Minnesota Statutes section 86B.005: motorboat, operate, person, slow-no wake and watercraft.

B.    No Wake: No person shall operate a motorboat or be towed on water skis or a similar device at greater than a slow-no wake speed within one hundred fifty feet (1509) of shore. Launching or landing a skier by the most direct route to open water shall be exempt from this provision.

C.    Safe Distance: Persons operating a motorboat, and those being towed on water skis or a similar device shall, at all times, maintain an adequate distance (considering speed and conditions) from other watercraft, swimmers, swim rafts and docks, so as to avoid an accident. When a swimmer is present, motorboats or persons being towed on water skis or a similar device shall not pass between a swim raft and the nearest shore.

D.    Exemptions:

1. Authorized resource management emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this Chapter.

2. A temporary exemption from these restrictions for a special event may be granted upon approval by the City Council and the issuance of a permit by the Ramsey County Sheriff's Department.

E.    Direction of Travel: For Lake Josephine only, except when operating at slow-no wake speeds, motorboats shall only travel in a counterclockwise direction.

F.    Enforcement: Primary enforcement of this Chapter shall be the responsibility of the Ramsey County Sheriff's Department. This, however, shall not preclude enforcement by other licensed peace officers. (Ord. 1207, 8-10-1998)

702.06: AIRCRAFT:

A.    Use of Aircraft Declared a Hazard: The City Council finds and determines that there are no public waters (except Lake Owasso) within the City which may be used by aircraft without endangering the property and lives of other persons using the public waters. The City Council finds that all public waters in the City are small and heavily used for boating, fishing and swimming by residents and other people generally and that the use of aircraft on the same waters is a hazard to public safety. The City Council further finds that by prohibiting aircraft on the public waters, the public use of such waters is greatly increased and the number of persons able to use such waters is proportionately increased.

B.    Aircraft Prohibited from Using Public Waters: No aircraft shall fly over any public waters (except Lake Owasso) at such a low altitude as to interfere with the existing use of the public waters for boating, bathing or other recreational uses of the waters. No aircraft shall land on public waters, other than Lake Owasso, except in the case of a forced landing. (Ord. 1187, 9-8-1997)


 

CHAPTER 703
USE AND REGULATION OF PUBLIC WAYS

 

SECTION:

 

703.01:        Purpose and Intent

703.02:        Permit Requirements

703.03:        General Requirements

703.04:        Driveway and Parking Lot Standards

703.05:        Bus Benches in Right of Way

703.06:        Newspaper Vending Machines

703.07:        Newspaper Receptacles

703.08:        Street Name Signs

703.09:        Administration

703.10:        Obstruction Prohibited

703.01: PURPOSE AND INTENT:

The purpose of this chapter is to control the location of curb cuts and driveways in order that traffic hazards be reduced, adequate street drainage be maintained and that ingress and egress from properties shall not constitute a hazard or impair the health, safety or public welfare of the residents of the city. (Ord. 286, 11-24-1959)

703.02: PERMIT REQUIREMENTS:

A.    Permit Required: No driveway shall be constructed or reconstructed at any location where motor vehicles will be provided with access to any public right of way without first obtaining a permit for said construction from the community development director or designee after approval by the public works director or designee. The public works director may add conditions to the permit.

B.    Application: Any person desiring said permit shall present a written application to the community development director or designee describing the improvements to be made and plans which indicate that the requirements of this chapter will be met. The permit application shall be reviewed by the public works director or designee.

C.    Permit Fees: Such application shall be accompanied by a fee in an amount set by the council and kept on file in the city manager's office.

D.    Revocation: The permit may be revoked by the community development director or designee at any time after its issuance for failure to comply with the conditions of the permit or the directions of the community development director or designee respecting the work. (Ord. 1172, 9-23-1996)

703.03: GENERAL REQUIREMENTS:

A.    Licensed Contractor Required; Exception: All construction work within the right of way of a street shall be performed by a licensed contractor who shall be responsible to assure that all relevant code provisions and regulations are rigidly followed. The requirement that the work be done by a licensed contractor may be waived by the community development director or designee if the work is construction or repair of a driveway and the work is performed by the owner of the property and the owner executes a hold harmless agreement indemnifying the city against any claims for damages which might be made against the city arising out of the work performed by the property owner.

B.    Application of Requirements: These requirements apply to all new driveways as well as to major repairs and changes to old driveways which do not conform to present requirements in addition to new construction.

C.    Notice to City: The community development director or designee is to be notified of the date that construction will start at least twenty four (24) hours in advance. (Ord. 1172, 9-23-1996)

703.04: DRIVEWAY AND PARKING LOT STANDARDS:

A.    New Commercial Uses: The location and specifications for curb cuts and driveways in accordance with this section shall be a necessary part of the plot plan for the use and structure and must be approved prior to the issuance of a building permit.

B.    Standards For Driveways and Parking Lots: The following regulations shall apply to all driveways and aisles in parking lots:

1. Maximum Width:

a. R-1 and  R-2 Zones: For single-family and duplex principal structures within the R-1 and R-2 zones, the maximum width of any driveway at the property line shall be twenty six feet (269). In addition to the maximum width, at each side of the driveway where the driveway intersects the street, three foot (39) flares are permitted. The maximum driveway width for all other uses shall be thirty six feet (369) and ten foot (109) flares are permitted.

b. All Other Zones: Except for the single-family and duplex principal structures, the maximum driveway width for all other types of properties shall be thirty six feet (369) as measured at the property line. In addition to the maximum width, at each side of the driveway for such property where the driveway intersects the street, ten foot (109) flares are permitted.

2. Minimum Distance: The minimum distance between edges of driveways at the front property line right of way line shall be ten feet (109) except in planned unit developments where the development agreement shall specify the distance.

3. Parking Lot Aisle: Any drive aisle in a parking lot in any residential zoning district serving a building containing three (3) or more dwelling units or in any zone other than a residential zoning district shall be a minimum of twenty four feet (249) except one-way drive aisles which shall be a minimum of eighteen feet (189).

4. Intersection: On properties zoned R-1 or R-2, no driveway shall be located within thirty feet (309) of any right of way of a street intersection. On properties in all other zones, no driveway shall be located within forty feet (409) of any right of way line of a street intersection. Said distances shall be measured along the property line from the corner right of way line.

5. Minimum Driveway Angle: The minimum driveway angle from a two-way access street shall be sixty degrees (60°), from a one-way street it shall be thirty degrees (30°).

6. Driveway Approaches: Driveway approaches between the curb and the property line shall be constructed of concrete, asphalt, brick pavers, a strength capable of handling the weight of cars and trucks (generally stamped on bottom of paver) or other hard surface pavement approved by the public works director.

If concrete is used for the driveway, where there is no concrete curb or gutter, the concrete driveway shall be held back two feet (29) from the edge of the roadway. The remaining two feet (29) shall be surfaced with hot mixed bituminous material. Prior to starting work, the owner or builder shall obtain a permit from the community development director or designee.

7. Driveways: Driveways shall be constructed of concrete, asphalt, brick pavers or other hard surface pavement approved by the public works director.

8. Driveway Elevation: The driveway elevation at the property line shall not be more than ten inches (10") nor less than four inches (4") above the centerline of the abutting street with a maximum slope to gutter lines of 10%+ and a minimum slope of 2%+.

9. Driveways on Private Property: Residential driveways, shall be constructed so that the edge of the driveway nearest to the side lot line shall be a minimum of five feet (59) from the side lot line.

10. Driveways On County Or State Roads: Where new principal structures are constructed on lots contiguous to roadways designated as major thoroughfares in the city's comprehensive plan, driveways servicing such lots shall be designed and constructed so as to provide a vehicle turnaround facility within the lot.

C.    Access to County or State Roads: On properties having frontage on both major and minor roads, access shall be provided via the minor road wherever feasible in order to reduce the number of curb cuts on major thoroughfares.

D.    Traffic Control: Where commercial land uses are adjacent to residential districts, ingress and egress from the commercial properties on streets leading to or through the residential zones shall not be permitted unless it can be demonstrated that adequate access to public rights of way is thereby denied. Traffic control is exercised so as to ensure that the location of driveways shall not constitute a hazard nor be injurious to adjacent residential uses.

E.    State and County Highway Requirements: Where the proposed driveway is to be constructed so that it opens into any street designated as either a Minnesota state, Ramsey County or U.S. trunk highway, all additional specifications of the appropriate highway departments will apply. (Ord. 1172, 9-23-1996)

703.05: BUS BENCHES IN RIGHT OF WAY:

No bench may be placed or maintained in a public right of way without securing a permit from the public works director and the payment of an annual license fee of thirty five dollars ($35.00) per bench. The number, size, and locations of all benches shall be in accordance with the City of Roseville/Metro Transit bus route plan. The Public Works and Transportation Commission will review the annual site application for input regarding the siting application.   A permit shall not be issued unless the bench and its placement comply with the following conditions:

A.    Bus Stops: A bench shall only be placed at a bus stop on an established bus route.

B.    Location: A bench shall be placed parallel to and no nearer than four feet (49) from the roadway curb or the edge of the roadway where no curb exists and shall not obstruct a pathway.

C.    Number: No more than one bus bench may be placed at a roadway intersection in the direction of traffic flow, unless the public works director authorizes more benches in writing after finding that the passenger load justifies more than one bench at a bus stop. All bus benches shall bear the local telephone number at which the permittee may be reached concerning issues with the bench.

D.    Proximity to Other Benches: No bus bench may be placed within five hundred feet (5009) of any other bench or within fifteen feet (159) of an existing  on a roadway, unless the public works director authorizes more benches in writing after finding that the passenger load justifies more than one bench at a bus stop or closer proximity.

E.    Size: The maximum size of a bench shall be three and one-half feet (3 1/29) high, seven feet (79) long and three feet (39) wide erected upon a concrete pad of maximum eight foot (8') length and four foot (49) width. The maximum amount of advertising on a bus bench shall not exceed eleven square feet (11 sq. ft.)   

F.    Color: A bench shall be of a single color except a multicolored advertising sign. The bench signage may be affixed to or may be used as the backrest of the bench. Signage shall be affixed only to the street-side portion of the bench backrest

G.    Structure Maintenance: When directed by the public works director as necessary to address refuse and litter issues, bench sites shall be equipped with an architecturally complementary trash receptacle.  Benches shall be maintained a minimum of once (1) per week with such maintenance to include picking-up litter/debris about the bench, removing graffiti/stickers, removal of ice and snow in a manner such that each bench shall be fully accessible within seventy-two (72) hours of a snow fall or other weather event.  Benches shall be inspected weekly for any damaged or broken parts and shall repair or replace damaged or broken parts within forty-eight (48) hours after damage or breakage is discovered or reported.

H.    Liability Insurance: A certificate of liability insurance shall be filed with the city covering claims for damages which might arise out of the use or placement of a bench in the public right of way naming the city as an additional insured. The minimum limit of liability shall be six hundred thousand dollars ($600,000.00).

I.     Removal: At the request of the public works director, a bench shall be removed at the permittee’s sole expense in order to permit right of way improvements or maintenance. If the location of the bench is a safety hazard or if it interferes with pedestrian or vehicular traffic on the right of way, or if the bus route changes, the provider shall incur the cost of removal within thirty (30) days of the route change.

J.     State or County Permission: If the bench placement is in a Minnesota Department of Transportation or county right of way, written permission must be secured from the Minnesota department of transportation or the county and filed with the city. (Ord. 1267, 7-15-2002)

K.   Applicants and permittees must meet all local, state, and federal requirements applicable to bus benches, their placement, and their use for public transit services.

(Ord. 1294, 9-15-2003)

703.06: NEWSPAPER VENDING MACHINES:

A.    Notification to City: No newspaper vending machine may be placed or maintained in a public right of way without the publisher notifying the public works director, in writing, of the location of the vending machine.

B.    Placement Conditions: Placement of vending machines shall comply with the following conditions:

1. Distance from Roadway: A newspaper vending machine may be placed no nearer than four feet (4') from the roadway curb or the edge of the roadway where no curb exists and shall not obstruct a pathway.

2. Maximum Size: The maximum size of a newspaper vending machine shall be four feet (4') high, two feet (2') long and two feet (2') deep.

3. Number of Machines: No more than one newspaper vending machine per newspaper publisher may be placed within eight hundred feet (800') of any other newspaper vending machine of that same newspaper publisher.

4. Attachment to Public Facility Prohibited: No newspaper vending machine may be attached to a public facility such as a utility pole, roadway sign or fireplug.

5. Color and Identification: A newspaper vending machine shall be of a single color except for lettering on the machine which shall not exceed four inches (4") in height. Such lettering shall identify the newspaper only and shall not be an advertising sign.

6. Removal: At the request of the public works director, a newspaper vending machine shall be removed in order to permit right of way improvements or maintenance, if its location is a safety hazard or if the vending machine significantly interferes with pedestrian or vehicular traffic on the right of way.

7. Residential Areas: No newspaper vending machine may be placed in a public right of way adjacent to a property zoned residential and containing four (4) residential units or less. (Ord. 999, 5-12-1986; amd. 1995 Code)

703.07: NEWSPAPER RECEPTACLES:

A.    Definition: For the purposes of this section, a "newspaper receptacle" is any outside device, whether tubular, box shaped or otherwise, designed for and used to receive newspapers, advertising flyers or similar printed material delivered by a carrier. Included in this definition are such devices which may be attached to the sides of buildings, freestanding posts, mailbox posts and other outside structures.

B.    Limitations: Newspaper receptacles are prohibited in public rights of way except at the roadway curb of each lot. No more than two (2) newspaper receptacles may be attached to a rural delivery mailbox post. On lots where no mailbox post is available or where such placement is impractical, no more than two (2) newspaper receptacles may be placed on a single post; provided that if there is a mailbox on the lot, the newspaper receptacle post shall be located within eighteen inches (18") of the mailbox post. In no event will there be more than two (2) newspaper receptacles on any lot.

C.    Exceptions:

1. Where rural mailboxes are located on one side of the street, newspaper receptacles may be placed on the side of the street where the residence is located or on the mailbox post or within eighteen inches (18") of the mailbox post in accordance with subsection B of this section regardless of which side of the street the mailbox is located.

2. On lots where more than one dwelling unit is located, no more than two (2) newspaper receptacles may be placed for each dwelling unit.

D.    Color: All newspaper receptacles permitted by this section shall be a brown or tan color or such other neutral color as provided, in writing, by the public works director. Permitted newspaper receptacles shall not display the name of a newspaper or other advertising message but may display an identifying mark for each publisher using the receptacle not to exceed two inches by two inches (2" x 2") in size.

E.    Permission: Each publisher which has placed or places a newspaper receptacle pursuant to this section shall provide the occupier of the dwelling to which it is adjacent with a self-addressed postcard, printed in such a manner that the occupier may instruct the publisher to remove the newspaper receptacle. In the event the publisher receives instructions from the occupier to remove the newspaper receptacle, the publisher shall remove the same within ten (10) days of receipt of the instruction. (Ord. 920, 2-14-1983)

703.08: STREET NAME SIGNS:

A.    Erection: No person other than an employee or duly authorized agent of the city shall erect any sign purporting to be a street name sign within the corporate limits of the city.

B.    Maintenance: The city shall maintain all street name signs within its corporate limits. (Ord. 337, 9-8-1961)

703.09: ADMINISTRATION:

A.    Enforcement: The public works director is hereby designated as the enforcing officer for this chapter and shall have the power to issue, deny or revoke any permit. The public works director may institute in the name of the city any appropriate actions or procedure against a violator as provided by law. (Ord. 286, 11-24-1959; amd. 1995 Code)

B.    Appeals and Hearings: Appeals from the decision of the public works director in relation to the granting and revoking of a permit shall be referred to the City Council. Such appeal shall be taken within twenty (20) days from and after the date of such decision by the public works director. Upon a motion from the City Council the appeal may be referred to the planning commission. If directed by the City Council, the planning commission may hold a public hearing on the appeal. The procedure for said public hearing shall be as set forth in title 1, chapter 108 of this code. The prosecution for violation of any of the provisions herein shall be held in abeyance pending the determination of the appeal to the City Council. (Ord. 1175A, 11-25-1996)

703.10: OBSTRUCTION PROHIBITED:

A.    Obstruction or blocking of city owned nonmotorized pathways, sidewalks, or designated bicycle routes, by any means, including, but not limited to, the parking of vehicles or storage of snow, is prohibited. (Ord. 1186, 8-11-1997)


 

CHAPTER 704
CONSTRUCTION OF STREETS AND SIDEWALKS

 

SECTION: 

 

704.01:        Jurisdiction and Scope

704.02:        Definitions

704.03:        Grading

704.04:        Specifications for Pavements

704.05:        Curbs and Gutter

704.06:        Drainage

704.01: JURISDICTION AND SCOPE:

A.    Jurisdiction: Pursuant to the applicable statutory authority of the City Council to regulate, control and maintain City streets as provided in Minnesota Statutes, Annotated, chapters 412, 429 and 471.

B.    Scope: The specifications set forth in this Chapter shall apply to all streets hereafter constructed within the City and are considered as additional safeguards made necessary through the rapid growth and expansion of the City. (Ord. 217, 6-12-56)

704.02: DEFINITIONS:

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

COLLECTOR STREET: A street which carries traffic from minor streets of residence development and the principal circulating streets within such a development.

CUL-DE-SAC: A short minor street having one open end and being permanently terminated at the other by a vehicular turnaround.

MARGINAL-ACCESS STREET: A minor street which is parallel to and contiguous with a thoroughfare and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the adjoining thoroughfare.

MINOR STREET: A street other than a thoroughfare or collector street which affords local access to abutting properties. (Ord. 217, 6-12-56)

704.03: GRADING:

The full width of the right of way shall be graded, including the subgrade of areas to be paved, in accordance with the design and specifications approved by the Public Works Director and in accordance with the most current Minnesota Department of Transportation Standard Specifications for Highway Construction. (Ord. 448, 12-7-64; amd. 1995 Code)

704.04: SPECIFICATIONS FOR PAVEMENTS:

All pavements shall be constructed in accordance with the plans approved by the City Engineer and all minor streets, cul-de-sac streets and marginal access streets shall be constructed for seven (7) ton rated capacity and all other roads shall be constructed for nine (9) ton rated capacity, all of such construction to be in accordance with the most current Minnesota Department of Transportation Standard Specifications for Highway Construction. (Ord. 448, 12-7-64; amd. 1995 Code)

704.05: CURBS AND GUTTER:

Concrete curbs and gutters shall be constructed on all asphalt pavements. Either integral curb or concrete curb and gutter shall be constructed on all concrete pavements. (Ord. 448, 12-7-64)

704.06: DRAINAGE:

Where considered necessary to ensure adequate drainage of any street hereafter constructed in the City, the Public Works Director shall approve the necessary storm drainage facilities to be built with the street. (Ord. 448, 12-7-64; amd. 1995 Code)


 

CHAPTER 705
EXCAVATION, GRADING AND SURFACING

SECTION:

705.01:        Permits Required

705.02:        Application

705.03:        Notice to Adjacent Property Owners

705.04:        Guarantee of Completion

705.05:        Additional Licenses or Permits 

705.01: PERMITS REQUIRED:

No person, firm or corporation shall engage in any excavation, grading, surfacing or filling of land in the City without first securing a permit as set forth in this Section.

A.    Permit From City Manager: A permit is required from the City Manager or designee for any of the following:

1. If more than fifty (50) cubic yards of material are being placed or removed from the site, and a permit is not required by subsection B below.

2. If filling activities occur within ten feet (10') of a property line.

3. If the filling activities change the drainage patterns of the applicant property or adjacent properties.

4. If filling activities will adversely affect or alter a wetland area or ponding area.

B.    Permit From City Council: A permit is required from the City Council for any of the following:

1. For any filling or excavating on developed land zoned R-1 or R-2 where the site is less than one acre and the fill or excavation exceeds five hundred (500) cubic yards.

2. For any filling or excavating on developed land zoned R-1 or R-2 where the site is one acre or greater and the proposed fill/excavation exceeds one thousand (1,000) cubic yards.

3. For any filling or excavating on undeveloped land zoned R-1 or R-2 where the site is less than one acre and the proposed fill/excavation exceeds two thousand (2,000) cubic yards.

4. For any filling or excavating on undeveloped land zoned R-1 or R-2 where the site is greater than one acre and the proposed fill/excavation exceeds four thousand (4,000) cubic yards.

5. For any filling or excavating on developed commercial/industrial property where the site is less than two and one-half (2 1/2) acres and the proposed fill/excavation exceeds two thousand five hundred (2,500) cubic yards.

6. For any filling or excavating on developed commercial/industrial property where the site is greater than two and one-half (2 1/2) acres and the proposed fill/excavation exceeds five thousand (5,000) cubic yards.

7. For any filling or excavating on undeveloped commercial/industrial property where the site is less than two and one-half (2 1/2) acres and the proposed fill/excavation exceeds five thousand (5,000) cubic yards.

8. For any filling or excavating on undeveloped commercial/industrial property where the site is greater than two and one-half (2 1/2) acres and the proposed fill/excavation exceeds ten thousand (10,000) cubic yards. (Ord. 1137, 4-25-1994)

705.02: APPLICATION:

All persons desiring such permits shall file on the appropriate forms as provided by the City Manager or designee and pay a fee as required by the City Council. The City Council will pass a resolution establishing the fees. (Ord. 1137, 4-25-1994)

705.03: NOTICE TO ADJACENT PROPERTY OWNERS:

All permits required to be issued by the City Council will be issued only after the appropriate notices have been sent to the adjacent property owners whose land might be affected by the excavating, grading, surfacing or filling, and a hearing held. The City Manager or designee will determine who the affected adjacent landowners are. (Ord. 1137, 4-25-1994)

705.04: GUARANTEE OF COMPLETION:

The City Manager or designee may require guarantees that the proposed filling, excavation or grading will be completed by a specified date and require financial guarantees to assure completion. (Ord. 1137, 4-25-1994)

705.05: ADDITIONAL LICENSES OR PERMITS:

A permit received under this Chapter does not relieve the applicant from securing any other permit or license that might be required. (Ord. 1137, 4-25-1994)


 

CHAPTER 706
FORESTATION CONTROL

 

SECTION:

 

706.01:        Purpose

706.02:        Definitions

706.03:        Tree Board

706.04:        Applicability

706.05:        Forestation Management

706.06:        Other Regulations for Planting Trees or Removing Herbaceous Plants or Shrubs

706.07:        Duties of Private Owners

706.08:        Order Procedure

706.09:        Development or Redevelopment Tree Planting

706.10:        Tree Ordinance Fees

706.11:        Interference

706.12:        Emergencies

706.01: PURPOSE:

It is the purpose of this Chapter to protect and promote the public health, safety and general welfare of the people of the City by:

A.    Regulating the planting, maintenance and removal of trees and plants on all public spaces and rights of way.

B.    The licensing of the planting, maintenance, removal and trimming of trees on public lands.

C.    The inspecting of trees on public and private lands.

D.    The controlling of tree diseases to protect the trees and to prevent and abate hazardous conditions and nuisances within the City.

E.    Protecting and preserving existing healthy trees.

F.    Encouraging the planting of trees for the protection and enhancement of the environment. (Ord. 1107, 12-9-91)

706.02: DEFINITIONS:

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

BOULEVARD: That property between the edge of the street and the property line (right-of-way line).

DISEASED TREES: Trees afflicted with Dutch elm, oak wilt or other arboracious diseases identified in the City tree plan.

EASEMENT/RIGHT OF WAY: City owned, nonboulevard property.

HERBACEOUS PLANTS: Ordinary trees and shrubs.

TREE: Any self-supporting, woody perennial plant.

TREE PLANTING PLAN: Official planting guide and regulations outlining allowed and disallowed species, locations, techniques and treatments.

TREE TRIMMING: Recommended trimming and pruning techniques are outlined in the City Tree Plan. Tree topping is specifically prohibited on all public lands. (Ord. 1107, 12-9-91)

706.03: TREE BOARD:

The Parks and Recreation Commission shall act in all matters relating to the advisement of issues contained in this Chapter and all others relating to forestation within the City. The process, conditions for appointment and terms shall be the same as those for the Parks and Recreation Commission. (Ord. 1107, 12-9-91)

706.04: APPLICABILITY:

This Chapter applies to all trees, plants and shrubs located within street right of ways, parks and public places of the City, and to trees, plants and shrubs located on private property that constitute a hazard or threat as set forth in this Chapter. (Ord. 1107, 12-9-91)

706.05: FORESTATION MANAGEMENT:

A.    City Horticulturist: The Director of Parks and Recreation shall act as the City Horticulturist. (Ord. 1107, 12-9-91)

B.    Authority of City Horticulturist: The City Horticulturist shall have jurisdiction and supervision over all trees, shrubs and plants located within street right of ways, parks and public places of the City, and to trees, plants and shrubs located on private property that constitute a hazard or threat. (Ord. 1107, 12-9-91; amd. 1995 Code)

C.    Duties of Horticulturist: The City Horticulturist may cause the planting of trees on public grounds and may direct the trimming, removal, treatment or other care of any tree, shrub or plant on private property in order to preserve or restore its condition or to protect the public from damage or injury. The cost of any such work may be assessed against the property on which the tree is located.

D.    Tree Planting Plan: In addition to the other responsibilities under this Chapter, the City Horticulturist shall prepare a Comprehensive Tree Plan regarding the planting of trees on public property within the City and the planting of trees on private property that may present a health or safety hazard. When approved by resolution of the City Council following a review by the City Tree Board, the Public Works Director and Community Development Director, the Comprehensive Tree Plan and any modifications will be the Official Plan of the City. After the adoption of the Official Plan, no tree planting permit will be issued which does not conform to the Tree Planting Plan.

E.    Tree Planting Plan Contents: The Tree Planting and Maintenance Plan shall address the following matters together with any other matters deemed appropriate by the City Horticulturist:

1. List of Acceptable Varieties: The list may provide for the planting of certain varieties or mixes of varieties in certain locations.

2. Specifically prohibited plantings.

3. Minimum size.

4. Grade.

5. Method of planting and support.

6. Maintenance.

7. Recommended trimming and pruning techniques. (Ord. 1107, 12-9-91)

706.06: OTHER REGULATIONS FOR PLANTING TREES OR REMOVING HERBACEOUS PLANTS OR SHRUBS:

A.    Hazard Placement: No tree, shrub or herbaceous plant shall be planted, placed or allowed to remain in a place which the City Engineer determines could cause a traffic hazard.

B.    Boulevard Planting: Trees, herbaceous plants or shrubs must be located within the first three feet (3') of the boulevard, measured from the property line and shall be consistent with the City Tree Planting Plan and not in conflict with public plantings based on the judgment of the City Horticulturist. Planting will be by permit only.

C.    Spacing/Placement: Placement of trees, herbaceous plants or shrubs must be consistent with Sections 706.06 through 706.08 and the regulations listed in the City Tree Planting Plan.

D.    Abuse or Mutilation: No person shall on public spaces and right of way:

1. Damage, cut, remove, carve, kill or injure trees without authorization.

2. Trim, prune, remove, spray or otherwise treat trees without authorization.

3. Attach any rope, wire or other contrivance.

4. Cause or permit any wire charged with electricity or any gaseous liquid or solid substance to come in contact with trees which are located on, or extend over, any public street, boulevard, park or other public place without a permit.

E.    Permits:

1. No person shall plant or remove trees or shrubs on a public boulevard without first obtaining a permit from the Community Development Department.

2. The following provisions apply to the issuance of permits for planting trees or herbaceous plants and shrubs on a public boulevard:

a. Application Data: The application required under this Section shall state the number of trees to be planted, the location, size and specific species of each tree or plant.

b. Standards for Issuance: A permit shall be issued after the application has been determined to be in compliance with the City Tree Planting Plan and the requirements of this Section and related sections by the Development Review Committee.

c. Replacement: As a condition to the granting of a tree removal permit, the Development Review Committee may require the applicant to relocate or replace trees to be consistent with the City Tree Planting Plan.

d. Bond Requirements: A posted bond or cash escrow may be required in an amount to be determined by the City Horticulturist conditioned upon satisfactory compliance with the terms of the permit.

e. Permit Denial: If a tree planting or removal permit is denied, the reason(s) for denial shall be set forth in writing and given to the applicant.

f. Denial Appeal: Any applicant adversely affected by the decision may appeal to the City Tree Board and, finally, to the City Council.

F.    Areas Not Applicable: The provisions of subsection D above shall not apply to:

1. The removal of trees on public easements/rights of way, conducted by, or on behalf of, a Federal, State, County, Municipal or other governmental agency in pursuance of its lawful activities or functions in construction or improvements.

2. The removal of any tree by a public utility when such tree has the reasonable potential of endangering the facility's operation by the utility. (Ord. 1107, 12-9-91)

706.07: DUTIES OF PRIVATE OWNERS:

It shall be the duty of any person owning private property to comply with the following:

A.    Planting on Private Property: No person shall plant or allow to be planted on any privately owned property any tree listed on the City tree plan as prohibited.

B.    Acceptable Plant Materials: All plant materials shall not have characteristics detrimental to the public welfare such as susceptibility to disease and wind damage or a tendency to interfere with utilities or public easements or rights of way.

C.    Prohibited Obstructions:

1. Obstructing View: No tree or herbaceous plant or shrub shall be planted or allowed to grow so as to obstruct the view of any vehicular traffic on streets or pathways or pedestrians on pathways.

2. Utilities: No trees may be planted under or within ten (10) level feet of any overhead utility wire or over or within ten (10) lateral feet of any underground water line.

D.    Trimming of Trees: Private property trees must be trimmed so as not to cause a hazard to persons or property on abutting property. All trees shall be pruned to sufficient height to allow free passage of pedestrians and vehicular traffic: nine feet (9') over sidewalks and sixteen feet (16') over streets.

E.    Tree Inspection: The City Horticulturist, or any employee designated by the City Manager, may enter on any private lands which may harbor diseased or dangerous trees as listed in the official City Tree Plan to inspect trees located on such premises.

F.    Removal of Diseased or Dangerous Trees: Diseased and/or insect-ridden trees, dead or injured trees deemed to be a health or safety hazard by the City Horticulturist, or employee designed by the City Manager, must be treated or removed so as not to constitute a health or safety hazard to the public or other trees or plants in the City.

G.    Stockpiling and Storage of Elm Logs: No person shall stockpile or store elm logs with the bark intact without first having obtained a permit to do so. The City Horticulturist, or other employee designated by the City Manager, may issue permits, upon proper application, for the stockpiling or storage of such logs only between September 15 and April 1 of the following year and only at locations which are specified in the permit.

H.    Abatement of Dutch Elm Disease: The City Horticulturist shall cause the infected tree or wood to be removed or otherwise effectively treated so as to destroy and prevent, as fully as possible, the spread of Dutch elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designed by the City Horticulturist. (Ord. 1107, 12-9-91)

706.08: ORDER PROCEDURE:

When the City Horticulturist determines that it is necessary to order the trimming, treatment or removal of trees or plants as authorized in subsection 706.07, a written order to correct the condition shall be served.

A.    Notice Format:

Dutch elm disease/oak wilt disease (or other prohibited or dangerous trees, as listed in the City tree plan) exists on these premises:    (legal address)    and all trees marked with a designated symbol must be removed by    (date)   .

            BY ORDER OF THE CITY MANAGER

B.    Removal Date: The date inserted in the notice in subsection 706.08A shall be twenty two (22) days after the notice is mailed.

C.    Appeal: A person receiving said notice may, within five (5) working days of the postmark date of said notice, file an appeal with the City. The appeal will be heard by the City Tree Board and forwarded to the City Council for action within twenty one (21) calendar days following the appeal of said notice.

D.    Summary Removal of Diseased Trees: In the event the trees covered in said notice are not removed, destroyed and/or treated, as provided in subsections 706.08A through C, within ten (10) calendar days following the denial on an appeal as set forth in subsection 706.08C, the City Manager, or an authorized City employee, shall cause said trees to be summarily removed, destroyed and/or treated and shall take any other action necessary to prevent the spread of the disease or danger to the public.

E.    Cost Responsibility: Any costs of inspecting, removing or treating trees, including any legal expense, shall be itemized and mailed to the owner at the address shown in the records of the County Auditor. In the event said itemized bill is not paid within thirty (30) days, the amount of said costs, plus interest, shall be certified to the proper County officials and collected with the next succeeding five (5) years real estate taxes as provided for in Minnesota Statute sections 18.023 and 429.101. (Ord. 1107, 12-9-91; amd. 1995 Code)

706.09: DEVELOPMENT OR REDEVELOPMENT TREE PLANTING:

A.    Landscaping Plans: Prior to approval of a building permit, all new residential subdivisions, semi-public, public, commercial/industrial and income-producing residential property (over 2 units) shall be subject to mandatory landscape plan and specification requirements.

B.    Design Standards: The landscape plan and specification requirements referenced in subsection 706.09A are those set forth in the adopted City of Roseville Design Standard Regulations[18].

C.    Forestation Benefits Education: All persons applying for a building permit, including residential structures containing less than four (4) dwelling units, shall be given printed information supplied by the City Horticulturist outlining the benefits of planting trees and shall be encouraged to plant trees beyond the Code requirements. (Ord. 1107, 12-9-91; amd. 1995 Code)

706.10: TREE ORDINANCE FEES:

Fees for all permits and other applicable required City services shall be established annually by the City Council. (Ord. 1107, 12-9-91)

706.11: INTERFERENCE:

It is unlawful for any person to prevent, delay or interfere with the enforcement of this Chapter by any City official. (Ord. 1107, 12-9-91)

706.12: EMERGENCIES:

In case of emergencies involving, but not limited to, tornadoes, windstorms, floods, freezes or other natural disasters, the requirements of this Chapter may be waived by the Mayor or, in the absence of the Mayor, the Acting Mayor. (Ord. 1107, 12-9-91)


 

CHAPTER 707
RIGHT-OF-WAY MANAGEMENT

SECTION:

 

707.01:        Findings and Purpose

707.02:        Definitions

707.03:        Administration

707.04:        Utility Coordination Committee

707.05:        Registration and Right-of-Way Occupancy

707.06:        Registration Information

707.07:        Reporting Obligations

707.08:        Permit Requirement

707.09:        Permit Applications

707.10:        Issuance of Permit; Conditions

707.11:        Permit Fees

707.12:        Right-of-Way Repair and Restoration

707.13:        Joint Applications

707.14:        Supplementary Applications

707.15:        Other Obligations

707.16:        Denial of Permit

707.17:        Installation Requirements

707.18:        Inspection

707.19:        Work Done without a Permit

707.20:        Supplementary Notification

707.21:        Revocation of Permits

707.22:        Mapping Data

707.23:        Location of Facilities

707.24:        Relocation of Facilities

707.25:        Preexcavation Facilities Location

707.26:        Damage to other Facilities

707.27:        Right-of-Way Vacation

707.28:        Indemnification and Liability

707.29:        Appeal

707.30:        Abandoned and Unusable Facilities

707.31:        Reservation of Regulatory and Police Powers

707.32:        Franchise; Franchise Supremacy

707.33:        Severability 

707.01: FINDINGS AND PURPOSE:

A.    General: to provide for the health, safety and well-being of its citizens, and to ensure the structural 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. Although the general population bears the financial burden for the upkeep of the rights of way, a primary cause for the early and excessive deterioration of its rights of way is frequent excavation.

The City holds the rights of way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights of way. It also recognizes that some persons, by placing their equipment in the right of way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property.

In response to the foregoing facts, the City hereby enacts this new Chapter relating to right-of-way permits and administration. This Chapter imposes reasonable regulations on the placement and maintenance of equipment currently within its 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 Chapter, persons disturbing and obstructing the rights of way will bear a fair share of the financial responsibility for their integrity. Finally, this Chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights of way.

B.    Legislative Power: By enactment of this Chapter, the City Council hereby exercises its lawful police power and common law authority, and all statutory authority which is available to it, including, but not limited to, the powers conferred on it under Minnesota Statutes sections 237.162 and 237.163, while preserving all power and authority to further require franchises from right-of-way users under Minnesota Statutes sections 216B.36, 222.37, 300.03, and 412.11, and other provisions of law. (Ord. 1209, 8-24-1998)

707.02: DEFINITIONS:

The following definitions apply in this Chapter. References hereafter to "sections" are, unless otherwise specified, references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized.

APPLICANT: Any person requesting permission to excavate or obstruct a right of way.

BUSINESS DISTRICT: That portion of the City lying within and bounded by the following streets: to be subsequently designated.

CITY: The City of Roseville, Minnesota. For purposes of Section 707.28 of this Chapter, City means its elected officials, officers, employees and agents.

DEGRADATION: 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 did not occur.

DEGRADATION COST: 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 in plates 1 to 13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950.

DEGRADATION FEE: 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 costs.

DELAY PENALTY: The penalty imposed as a result of unreasonable delays in right-of-way construction.

DEPARTMENT: The Department of Public Works of the City.

DEPARTMENT INSPECTOR: Any person authorized by the Director to carry out inspections related to the provisions of this Chapter.

DIRECTOR: The Director of the Department of Public Works of the City, or her or his designee.

EMERGENCY: A condition that: a) poses a clear and immediate danger to life or health, or of a significant loss of property; or b) requires immediate repair or replacement in order to restore service to a customer.

EQUIPMENT: Any tangible asset used to install, repair, or maintain facilities in any right of way.

EXCAVATE: to dig into or in any way remove or physically disturb or penetrate any part of a right of way.

EXCAVATION PERMIT: The permit which, pursuant to this Chapter, 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 Section 707.11 of this Chapter.

FACILITY OR FACILITIES: Any tangible asset in the right of way required to provide utility service.

LOCAL REPRESENTATIVE: A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Chapter.

MANAGEMENT COSTS: The actual costs the City incurs in managing its rights of way, including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; creating, maintaining and updating mapping systems; budget analysis; systems analysis; legal assistance; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed; and revoking right-of-way permits and performing all other tasks required by this Chapter, including other costs the City may incur in managing the provisions of this Chapter.

OBSTRUCT: to place any 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 Chapter, 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 of way by placing equipment described therein on the right of way for the duration specified therein.

OBSTRUCTION PERMIT FEE: Money paid to the City by a registrant to cover the costs as provided in Section 707.11 of this Chapter.

PATCH OR PATCHING: A method of pavement replacement that is temporary in nature. A patch consists of: a) the compaction of the subbase and aggregate base, and b) the replacement, in kind, of the existing pavement for a minimum of two feet (2') 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 (5) year project plan.

PERFORMANCE AND RESTORATION BOND: A performance bond or letter of credit posted to ensure the availability of sufficient funds to assure that all obligations pursuant to this Chapter, including, but not limited to, right-of-way excavation and obstruction work is timely and properly completed.

PERMITTEE: Any person to whom a permit to excavate or obstruct a right of way has been granted by the City under this Chapter.

PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.

PROBATION: The status of a person that has not complied with the conditions of this Chapter.

PROBATIONARY PERIOD: One year from the date that a person has been notified in writing that they have been put on probation.

REGISTRANT: Any person who: a) has or seeks to have its equipment or facilities located in any right of way, or b) in any way occupies or uses, or seeks to occupy or use, the right of way or any equipment in the right of way.

RESTORATION COST: An amount of money paid to the City by a permittee to achieve the level of restoration according to plates 1 to 13 of PUC rules.

RESTORE OR RESTORATION: The process by which a right of way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation.

RIGHT OF WAY: The surface and space above and below a public roadway, highway, street, cartway, bicycle and public sidewalk in which the City has an interest, including other dedicated rights of way for travel purposes, utility easements and any other real property owned by or under the control of the City.

RIGHT-OF-WAY PERMIT: Either the excavation permit or the obstruction permit, or both, depending on the context, required by this Chapter.

SERVICE OR UTILITY SERVICE: Includes, but is not limited to: a) those services provided by a public utility as defined in Minnesota Statutes section 216B.02, subdivisions 4 and 6; b) telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; c) the services provided by a corporation organized for the purposes set forth in Minnesota Statutes section 300.03; d) the services provided by a district heating or cooling system; and e) cable communications systems as defined in Minnesota Statutes chapter 238; and f) a telecommunications right-of-way user as defined below; and g) water and sewer, including service laterals, steam, cooling or heating services. (Ord. 1333, 3-13-2006)

SERVICE LATERAL: means 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. (Ord. 1333, 3-13-2006)

SUPPLEMENTARY APPLICATION: 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.

TELECOMMUNICATION RIGHTS-OF-WAY USER: A person owning or controlling a facility in the right of way, or seeking to own or control a facility in the public right of way that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter, a cable communication system defined and regulated under Minnesota Statutes chapter 238, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users for purposes of this Chapter.

UNUSABLE FACILITIES: Facilities in the right of way which have remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the equipment. (Ord. 1209, 8-24-1998)

707.03: ADMINISTRATION:

The Director is the principal City official 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. (Ord. 1209, 8-24-1998)

707.04: UTILITY COORDINATION COMMITTEE:

The City may create a Utility Coordination Committee. If created, this Committee shall be voluntary and advisory to the Director. It will be composed of any registrants that wish to assist the City in obtaining information and by making recommendations regarding use of the rights of way, and to improve the process of performing construction work therein. The Director may determine the size of such Committee and shall appoint members from a list of registrants that have expressed a desire to assist the City. (Ord. 1209, 8-24-1998)

707.05: 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 in the right of way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Director. Registration will consist of providing application information, paying a registration fee, and posting a performance and restoration bond or other security acceptable to the Director.

The performance and restoration bond required in this Section and in subsections 707.09B, 707.12B2, and 707.30A2c of this Chapter shall be in an amount determined in the Director's sole discretion, sufficient to serve as security for the full and complete performance of the obligations under this Chapter, including any costs, expenses, damages, or loss the City pays or incurs because of any failure to comply with this Chapter or any other applicable laws, regulations or standards. During periods of construction, repair or restoration of rights of way or equipment in rights of way, the performance and restoration bond shall be in an amount sufficient to cover one hundred percent (100%) of the estimated cost of such work, as documented by the person proposing to perform such work, or in such lesser amount as may be determined by the Director, taking into account the amount of equipment in the right of way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Chapter. Sixty (60) days after completion of the work, the performance and restoration bond may be reduced in the sole discretion of the Director.

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 Director.

C.    Exceptions: Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right of way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens 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 Chapter. However, nothing herein relieves a person from complying with the provisions of the Minnesota Statutes chapter 216D, "One Call" law. (Ord. 1209, 8-24-1998)

707.06: REGISTRATION INFORMATION:

A.    Information Required: The information provided to the Director at the time of registration shall include, but not be limited to:

1. Each registrant's name, Gopher One-Call registration certificate number, addresses and e-mail address if applicable, and telephone and facsimile numbers.

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 or self-insurance:

a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State, or a form of self-insurance acceptable to the Director;

b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the: 1) use and occupancy of the right of way by the registrant, its officers, agents, employees and permittees, and 2) placement and use of facilities 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;

c. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages;

d. Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and

e. Indicating comprehensive liability coverage, automobile liability coverage, workers' compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this Chapter.

4. The City may require a copy of the actual insurance policies.

5. If the person is a corporation, a copy of the certificate required to be filed under Minnesota Statutes section 300.06 as recorded and certified to by the Secretary of State.

6. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable State or Federal agency, where the person is lawfully required to have such certificate from said Commission or other State or Federal agency.

7. Such other information as the City may require.

B.    Notice of Changes: The registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. (Ord. 1209, 8-24-1998)

707.07: REPORTING OBLIGATIONS:

A.    Operations: Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights of way.

The plan shall include, but not be limited to, the following information:

1. 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

2. The tentative locations and estimated beginning and ending dates for all projects contemplated for the five (5) years following the next calendar year (in this Section, a "five-year project").

The term "project" in this Section shall include both next-year projects and five-year projects.

By January 1 of each year the Director will have available for inspection in this Director's office a composite list of all projects of which the Director has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list.

Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the Director 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 Director will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the City if the registrant has used commercially reasonable efforts to anticipate and plan for the project. (Ord. 1209, 8-24-1998)

707.08: PERMIT REQUIREMENT:

A.    Permit Required: Except as otherwise provided in this Code, no person may obstruct or excavate any right of way without first having obtained the appropriate right-of-way permit from the Director to do so.

1. Excavation Permit: An excavation permit is required by a registrant to excavate that part of the right of way described in such permit and to hinder free and open passage over the specified portion of the right of way by placing facilities described therein, to the extent and for the duration specified therein.

2. Obstruction Permit: An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right of way by placing equipment described therein on the right of way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.

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: Notwithstanding subsection B of this Section, the City shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by City Council resolution.

D.    Permit Display: Permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. (Ord. 1209, 8-24-1998)

707.09: PERMIT APPLICATIONS:

A.    General Requirements: Application for a permit is made to the Director. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:

1. Registration with the Director pursuant to this Chapter;

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 known existing and proposed facilities;

3. Payment of all money due to the City for:

a. Permit fees, estimated restoration costs and other management costs;

b. Prior obstructions or excavations;

c. Any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights of way or any emergency actions taken by the City;

d. Franchise or user fees, if applicable.

4. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least one hundred ten percent (110%) of the amount owing.

B.    Additional Equipment: When an excavation permit is requested for purposes of installing additional equipment, and the performance and restoration bond presently existing is insufficient with respect to the additional equipment, in the sole discretion of the Director, the posting of an additional performance and restoration bond for the additional equipment may be required in accordance with subsection 707.05A of this Chapter. (Ord. 1209, 8-24-1998)

707.10: ISSUANCE OF PERMIT; CONDITIONS:

A.    Permit Issuance: If the applicant has satisfied the requirements of this Chapter, the Director shall issue a permit.

B.    Conditions: The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare or when necessary to protect the right of way and its current use. (Ord. 1209, 8-24-1998)

C.    By accepting a permit, telecommunications right-of-way user agrees on behalf of itself and its affiliates, successors and assigns that it will not provide video programming (including, but not limited to, programming delivered using internet protocol) over its facilities located within the rights-of-way to subscribers within the City without first obtaining a cable franchise or an open video system franchise from the City. (Ord. 1333, 03-13-2006)

707.11: PERMIT FEES:

A.    Excavation Permit Fee: The excavation permit fee shall be established by the City Council in an amount sufficient to recover the following costs:

1. The City cost;

2. Degradation cost, if applicable.

B.    Obstruction Permit Fee: The obstruction permit fee shall be established by the City Council and shall be in an amount sufficient to recover the City cost.

C.    Payment of Permit Fees: No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction fees. The City may allow the applicant to pay such fees within thirty (30) days of billing.

D.    Nonrefundable: Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 707.21 of this Chapter are not refundable. (Ord. 1209, 8-24-1998)

707.12: RIGHT-OF-WAY REPAIR 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, as determined by the Director, or when work was prohibited as unseasonal or unreasonable under Section 707.15 of this Chapter.

B.    Patch and Restoration: Permittee shall patch its own work. The City may choose either to have the permittee restore the right of way or to restore the right of way itself.

1. City Restoration: If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, during the thirty six (36) months following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work.

2. Permittee Restoration: If the permittee restores the right of way itself, it shall at the time of application for an excavation permit, if the Director determines additional security is necessary, post an additional performance and restoration bond in an amount determined by the Director to be sufficient to cover the cost of restoration. If, thirty six (36) months after completion of the restoration of the right of way, the Director determines that the right of way has been properly restored, the surety on the performance and restoration bond posted pursuant to this subsection shall be released.

C.    Standards: The permittee shall perform patching and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The Director in exercising this authority shall be guided by the following considerations:

1. The number, size, depth and duration of the excavations, disruptions or damage to the right of way;

2. The traffic volume carried by the right of way; the character of the neighborhood surrounding the right of way;

3. The preexcavation condition of the right of way; the remaining life expectancy of the right of way affected by the excavation;

4. Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right of way that would otherwise result from the excavation, disturbance or damage to the right of way; and

5. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right of way that would otherwise take place.

D.    Guarantees: By choosing to restore the right of way itself, the permittee guarantees its work and shall maintain it for thirty six (36) months following its completion. During this thirty six (36) month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, 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 Section 707.15 of this Chapter.

E.    Failure to Restore: If the permittee fails to restore the right of way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at its option may do such work. In that event the permittee shall pay to the City, within thirty (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 restoration bond.

F.    Degradation Fee In Lieu of Restoration: In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching, and the degradation fee shall not include the cost to accomplish these responsibilities. (Ord. 1209, 8-24-1998)

707.13: JOINT APPLICATIONS:

A.    Joint Application: 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 Director, whether or not it is a joint application by two (2) or more registrants or a single application, may not be required to pay some or all of the obstruction and degradation portions of the permit fee, in the sole discretion of the Director.

C.    Shared Fees: Registrants who apply for permits for the same obstruction or excavation, which the Director does not perform, may share in the payment of the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (Ord. 1209, 8-24-1998)

707.14: 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 end 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. (Ord. 1209, 8-24-1998)

707.15: 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 the City or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, State and Federal laws, including but not limited to Minnesota Statutes sections 216D.01 through 216D.09 ("Gopher One Call Excavation Notice System") and Minnesota Rules Chapter 7560. 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 performs the work. (Ord. 1333, 3-13-2006)

B.    Prohibited Work: Except in an emergency, and with the approval of the Director, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work.

C.    Interference With Right of Way: A permittee shall not so obstruct a right of way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of 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 specifically authorized by the permit.

D.    Screening: A permittee placing a utility cabinet or other structure on any boulevard or other right-of-way area shall be required to provide visual screening of the structure with appropriate landscaping, as determined by the Director. (Ord. 1209, 8-24-1998)

E.    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 Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the Director.  (Ord. 1333, 03-13-2006)

707.16: DENIAL OF PERMIT:

The Director may deny a permit for failure to meet the requirements and conditions of this Chapter or if the Director determines that the denial is necessary to protect the public health, safety and welfare or when necessary to protect the right of way and its current use. (Ord. 1209, 8-24-1998)

707.17: INSTALLATION REQUIREMENTS:

The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Engineering Standards adopted by the PUC or other applicable local requirements, insofar as they are not inconsistent with the PUC rules and Minnesota Statutes, Sections 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 707.22 paragraph B. of this Ordinance. (Ord. 1209, 8-24-1998); (Ord. 1333, 03-13-2006)

707.18: INSPECTION:

A.    Notice of Completion: When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with PUC rules.

B.    Site Inspection: Permittee shall make the work site available to the Director 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 of Director:

1. At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public.

2. The Director may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Section 707.21 of this Chapter. (Ord. 1209, 8-24-1998)

707.19: WORK DONE WITHOUT A PERMIT:

A.    Emergency Situations: Each registrant shall immediately notify the Director of any event regarding its facilities which it considers to be an emergency.  Excavators’ notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the 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 Chapter for the actions it took in response to the emergency.

If the Director becomes aware of an emergency regarding a registrant's facilities, the Director may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the Director 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. (Ord. 1333, 03-13-2006)

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, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by the Legislative Code, deposit with the Director the fees necessary to correct any damage to the right of way and comply with all of the requirements of this Chapter. (Ord. 1209, 8-24-1998)

707.20: SUPPLEMENTARY NOTIFICATION:

If the obstruction or excavation of the right of way begins later or ends sooner than the date given on the permit, permittee shall notify the Director of the accurate information as soon as this information is known. (Ord. 1209, 8-24-1998)

707.21: 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 material 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 maintain the required bonds and/or insurance;

5. 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; or

6. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Section 707.18 of this Chapter.

B.    Written Notice of Breach: If the Director 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 Director shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit.

C.    Response to Notice of Breach: Within twenty four (24) hours of receiving notification of the breach, permittee shall contact the Director with a plan, acceptable to the Director, that will cure the breach. Permittee's failure to so contact the Director, 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, permittee's failure to so contact the Director, 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 Director 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 the permit authorization.

E.    Automatic Revocation: If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs, or as allowed in writing by the Director.

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 attorney fees incurred in connection with such revocation. (Ord. 1209, 8-24-1998)

707.22: MAPPING DATA:

A.    Rule:  Each registrant and permittee shall provide mapping information in a form 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 Director accurate maps and drawings certifying the “as-built” location of all equipment installed, owned and maintained by the permittee.  Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the City’s electronic mapping system when practical or as a condition imposed by the Director.  Failure to provide maps and drawings pursuant to this Subsection shall be grounds for revoking the permit holder’s registration. (Ord. 1333, 3-13-2006)

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 Director 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 subdivision 2 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 Minnesota Statutes, Chapter 429, and 2) City approval of performance under development agreements, or other subdivision or site plan approval under Minnesota Statutes, Chapter 462.  The Director 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 for future permits to the offending Permittee or its subcontractors. (Ord. 1209, 8-24-1998); (Ord. 1333, 03-13-2006)

 

707.23: LOCATION OF FACILITIES:

A.    Undergrounding: to the extent not inconsistent with applicable law or regulation, or unless otherwise permitted by an existing franchise or Minnesota Statutes section 216B.34, or unless existing aboveground facilities are repaired or replaced, new construction and the installation of new facilities and replacement of old underground facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes, if required by the Director.

B.    Corridors: The Director may assign specific corridors within the right of way, or any particular segment thereof as may be necessary, for each type of equipment that is or; pursuant to current technology, the Director expects will someday be located within the right of way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.

Any registrant who has facilities in the right of way in a position at variance with the corridors established by the Director shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right of way, unless this requirement is waived by the Director 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 this Chapter, any facilities found in a right of way that has 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 facilities and restoring the right of way to a useable condition.

D.    Limitation of Space: to protect health, safety, and welfare or when necessary to protect the right of way and its current use, the Director 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 Director 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. (Ord. 1209, 8-24-1998)

707.24: RELOCATION OF FACILITIES:

A registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right of way whenever the Director for good cause requests such removal and relocation, and shall restore the right of way to the same condition it was in prior to said removal or relocation. The Director may make such request to prevent interference by the company's equipment or facilities with: a) a present or future City use of the right of way, b) a public improvement undertaken by the City, c) an economic development project in which the City has an interest or investment, d) when the public health, safety and welfare require it, or e) when necessary to prevent interference with the safety and convenience of ordinary travel over the right of way.

Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities from any right of way which has been vacated in favor of a nongovernmental entity unless and until the reasonable costs thereof are first paid to the person therefore. (Ord. 1209, 8-24-1998)

707.25: PREEXCAVATION FACILITIES LOCATION:

In addition to complying with the requirements of Minnesota Statutes sections 216D.01 through 216D.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said facilities. Any registrant whose facilities are less than twenty inches (20") below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its equipment and the best procedure for excavation. (Ord. 1209, 8-24-1998)

707.26: DAMAGE TO OTHER FACILITIES:

When the Director does work in the right of way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the Director shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing.

Each registrant shall be responsible for the cost of repairing any equipment 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. (Ord. 1209, 8-24-1998)

707.27: RIGHT-OF-WAY VACATION:

A.    Reservation fright: If the City vacates a right of way which contains the facilities of a registrant, and if the vacation does not require the relocation of registrant's or permittee's facilities, the City shall reserve, to and for itself and all registrants having facilities in the vacated right of way, the right to install, maintain and operate any facilities in the vacated right of way and to enter upon such right of way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.

B.    Relocation of Facilities: If the vacation requires the relocation of registrant's or permittee's facilities; and: 1) if the vacation proceedings are initiated by the registrant or permittee, the registrant or permittee must pay the relocation costs; or 2) if the vacation proceedings are initiated by the City, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the City and the registrant or permittee; or 3) if the vacation proceedings are initiated by a person or persons other than the registrant or permittee, such other person or persons must pay the relocation costs. (Ord. 1209, 8-24-1998)

707.28: INDEMNIFICATION AND LIABILITY:

By registering with the Director, or by accepting a permit under this Chapter, a registrant or permittee agrees as follows:

A.    Limitation of Liability: By reason of the acceptance of a registration or the grant of a right-of-way permit, the City does not assume any liability: 1) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or 2) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities by registrants or activities of registrants.

B.    Indemnification: A registrant or permittee shall indemnify, keep, and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection, or operation of registrant's or permittee's facilities located in the right of way.

The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the local government unit's negligence as to the issuance of permits or inspections to ensure permit compliance. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts that the registrant or permittee reasonably believes will cause injury or damage, and the performance is nevertheless ordered or directed by the City after receiving notice of the registrant's or permittee's determination.

C.    Defense: If a suit brought against the City under circumstances where the registrant or permittee is required to indemnify, the registrant or permittee, at its sole cost and expense, shall defend the City in the suit if written notice of the suit is promptly given to the registrant or permittee within a period in which the registrant or permittee is not prejudiced by the lack or delay of notice.

If the registrant or permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent of the City. Consent will not be unreasonably withheld.

This part is not, as to third parties, a waiver of any defense, immunity, or damage limitation otherwise available to the City.

In defending an action on behalf of the City, the registrant or permittee is entitled to assert in an action every defense, immunity, or damage limitation that the City could assert in its own behalf. (Ord. 1209, 8-24-1998)

707.29: APPEAL:

A.    A right-of-way user that: 1) has been denied registration; 2) has been denied a permit; 3) has had permit revoked; or 4) believes that the fees imposed are not in conformity with Minn. Stat. 237.163, Subd. 6; or 5) disputes a determination of the Director regarding Section 707.23 Subd. 2 of this Ordinance, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. 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. (Ord. 1333, 3-13-2006)

B.    Upon affirmation by the City Council of the denial, revocation, or fee imposition, the right-of-way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City Council and right-of-way user. If the parties cannot agree on an arbitrator, the matter must be resolved by a three (3) person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the right-of-way user and one selected by the other two (2) arbitrators. The costs and fees of the single arbitrator shall be borne equally by the City and right-of-way user. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. (Ord. 1209, 8-24-1998)

707.30: ABANDONED AND UNUSABLE FACILITIES:

A.    Discontinued Operations: A registrant who has determined to discontinue its operations in the City must either:

1. Provide information satisfactory to the Director that the registrant's obligations for its facilities in the right of way under this Chapter have been lawfully assumed by another registrant; or

2. Submit to the Director a proposal and instruments for transferring ownership of its facilities to the City. If a registrant proceeds under this clause, the City may, at its option:

a. Purchase the facilities; or

b. Require the registrant, at its own expense, to remove it; or

c. Require the registrant to post an additional bond or an increased bond amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities.

B.    Abandoned Facilities: Facilities of a registrant who fails to comply with subsection A of this Section, and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned facilities are 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: 1) abating the nuisance, 2) taking possession of the facilities and restoring them to a usable condition, or 3) requiring removal of the facilities by the registrant, or the registrant's successor in interest.

C.    Removal: Any registrant who has unusable and abandoned facilities in any right of way shall remove it from that right of way during the next scheduled excavation, unless this requirement is waived by the Director. (Ord. 1209, 8-24-1998)

707.31: RESERVATION OF REGULATORY AND POLICE POWERS:

A permittee's or registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. (Ord. 1209, 8-24-1998)

707.32: FRANCHISE; FRANCHISE SUPREMACY:

The City may, in addition to the requirements of this Chapter, require any person which has or seeks to have equipment located in any right of way to obtain a franchise to the full extent permitted by law, now or hereinafter enacted. The terms of any franchise which are inconsistent with any provision of this Chapter, whether granted prior or subsequent to enactment of this Chapter, shall control and supersede the conflicting terms of this Chapter. All other terms of this Chapter shall be fully applicable to all persons whether franchised or not. (Ord. 1209, 8-24-1998)

707.33: SEVERABILITY:

If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency 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. If a regulatory body or a court of competent jurisdiction should determine by a final, nonappealable order that any permit, right or registration issued under this Chapter or any portions of this Chapter is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving sixty (60) days' written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit,   right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. Nothing in this Chapter precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. (Ord. 1209, 8-24-1998)


 

 

 

 

 

TITLE 8
PUBLIC WORKS


CHAPTER 801
MUNICIPAL WATER SYSTEM

 

SECTION:

 

801.01:        General Operation

801.02:        Compliance with Chapter Required

801.03:        Supply from One Service

801.04:        Use Confined to Premises

801.05:        Tapping of Mains

801.06:        Application for Water Connection

801.07:        Location and Inspection of Shutoff Box Prior to Excavation

801.08:        Excavation and Construction Requirements

801.09:        Supervision by Plumber

801.10:        Location of Curb Stop Boxes

801.11:        Notice of Connection

801.12:        Connection Fees

801.13:        Property Assessments

801.14:        Turning on Water

801.15:        Water Meters

801.16:        Water Rates and Collection of Charges

801.17:        Repair of Leaks

801.18:        Use of Water for Air Conditioners

801.19:        Restrictions against Sprinkling and Other Limitations

801.20:        Liability for Deficiency or Shutoffs

801.21:        Willful Damage to System

801.22:        Discontinuance for Violations

801.23:        Abandoned Services

801.24:        Fire Hydrants

801.25:        Connections Beyond City Boundaries

801.26:        Private Water Supplies

801.27:        Private use of Water Towers

801.01: GENERAL OPERATION:

The City Municipal water system ("the water system") shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this Chapter. (Ord. 388, 4-22-63)

801.02: COMPLIANCE WITH CHAPTER REQUIRED:

No person shall make, construct or install any water service installation or make use of any water service which is connected to the water system except in the manner provided in this Chapter. (Ord. 388, 4-22-63)

801.03: SUPPLY FROM ONE SERVICE:

A.    No more than one housing unit or building shall be supplied from one service connection except by special permission of the Public Works Director.

B.    A separate connection shall be required for each dwelling unit constructed on or after September 19, 1979, in R-1 or R-2 Districts as defined in Title 10 of this Code. A separate connection shall be required in R-2 Districts for all dwelling units if there are separate parcels. (Ord. 883, 7-13-81)

801.04: USE CONFINED TO PREMISES:

No person shall permit water from the water system to be used for any purpose except upon their own premises unless written consent is obtained from the Public Works Director. (Ord. 288, 4-22-63)

801.05: TAPPING OF MAINS:

No person except persons employed by the City shall tap any distributing main or pipe of the water supply system, or insert stopcock or ferrules. (Ord. 388, 4-22-63)

801.06: APPLICATION FOR WATER CONNECTION:

A.    Application: All applications for service installations and for water service shall be made to the Chief Code Enforcement Officer on printed forms furnished by the City.

B.    Information Required and Fee: All applications for service installation shall be made by the owner or agent of the property to be served and shall state the size and location of service connection required. The applicant shall, at the time of making application, pay to the City the amount of fees or deposit required for the installation of the service connection as provided in this Chapter.

C.    Application after Installation: When service connections have been installed, application for water service may be made to the Chief Code Enforcement Officer either by the owner, agent, tenant or occupant of the premises.

D.    Size of Connection and Meters: The size of water service connection and meters shall be subject to approval of the Public Works Director upon review of submitted engineering calculations for flow requirements. (Ord. 388, 4-22-63; amd. 1995 Code)

E.    Meter Spacer: A meter spacer with tailpiece couplings will be furnished to the contractor or plumber at the time a connection permit is issued. Meter spacers will be picked up when Department of Public Works installs meter after completion of water service installation.

F.    Notification: The plumber shall notify the Chief Code Enforcement Officer within twenty four (24) hours after piping is complete and ready for meter installation giving street address and permit number. (Ord. 409, 12-23-63)

G.    Water Billings: Water billings shall start at the time of installation of the water meter or, in the event the meter is not installed, seven days after completion of outside piping, and shall be calculated upon the minimum quarterly rate prorated on a monthly basis. (Ord. 455, 2-8-65; amd. 1990 Code)

801.07: LOCATION AND INSPECTION OF SHUTOFF BOX PRIOR TO EXCAVATION:

Before any grading or excavation is started, the water shutoff box shall be located and checked for damage by the contractor. Location ties will be furnished by the Chief Code Enforcement Officer at the time connection permit is issued. If the shutoff box cannot be located or is found bent or in a damaged condition, the Public Works Director is to be called at once. The contractor assumes all responsibility for damage to shutoff box unless the Public Works Director certifies that damage existed before excavation or grading started. (1990 Code; amd. 1995 Code)

801.08: EXCAVATION AND CONSTRUCTION REQUIREMENTS:

A.    Permit Required: No excavation shall be made until a permit for the connection has been issued.

B.    Separate Trenches; Exception: No water service pipe or water connection shall be installed in the same trench or closer than ten feet (10') horizontally to a sewer trench or drain laid, or to be laid, either in the street or in private property, except that the water pipe on private property may be in a common trench with a sewer drain approved by the Public Works Director. The horizontal distances between the sewer pipe and the water service is at least ten feet (10') at the property line and that the water service pipe approaches the sewer trench at an angle with the property line of not less than forty five degrees (45o) and having bends with not less than three foot (3') radius.

C.    Conditions for Single Trench: Where it is desired to lay the water service pipe and the building drain or building sewer pipe less than ten feet (10') apart, the water service pipe shall be above the sewer pipe and, unless impractical, it shall be placed at least two feet (2') above the sewer and on a solid shelf excavated at one side of the trench.

D.    Sewer Pipe: The sewer pipe shall be constructed of substantial material which is corrosion-resistant and installed so as to remain watertight as approved by the Public Works Director.

E.    Water Service Pipe: The water service pipe shall be watertight and corrosion resistant of a material approved by the Public Works Director.

F.    Foundation and Backfill: In all cases precautions shall be taken to assure a firm foundation for the pipes. The intervening space between the pipes shall be backfilled with compact earth. (Ord. 530, 3-20-67).

801.09: SUPERVISION BY PLUMBER:

All piping connections from curb box to house supply piping shall be made under the supervision of a plumber licensed by the City. (Ord. 399, 8-12-63; amd. 1995 Code)

801.10: LOCATION OF CURB STOP BOXES:

Curb stop boxes will be installed at a point on the property line most suitable to the property and shall be left in an accurate vertical position when backfilling is completed. Curb stop boxes will be installed at an approximate depth of seven feet (7') below the grade established by the City Engineer. (Ord. 388, 4-22-63; amd. 1995 Code)

801.11: NOTICE OF CONNECTION:

If, from any cause, the plumber or contractor laying the service pipe should fail to have the connection made at the time specified in the application, notice must be given the Chief Code Enforcement Officer fixing another day on which the plumber or contractor wishes to make connection. The notice must be given at least two (2) days previous to the excavation for laying of the service pipe and the connection must be made before four thirty o'clock (4:30) P.M., except in special cases, and then the work shall be done only upon a written order from the Chief Code Enforcement Officer. (Ord. 388, 4-22-63; amd. 1995 Code)

801.12: CONNECTION FEES:

A.    Connection Permit: A permit must be obtained to connect to the existing water service leads at the curb box, and interior plumbing. The fee for the permit shall be established by City Council resolution. No permit shall be issued except to a plumber licensed by the City. (Ord. 1009, 3-23-87; amd. 1995 Code)

B.    Additional Charges: Additional charges shall be paid at the time of making application for tapping of water. Taps from three-fourths inch (3/4") to two inches (2") shall be performed by the City. Each tap will include the physical tapping of the watermain, the installation of the corporation stop and the supplying of a curb box, riser pipe and cap to be installed by a licensed plumber. The costs for the tap shall be set by City Council resolution. Installation of service line, installation of curb stop and box and restoration of street surface where a curb box and service lead is not installed, which charges shall be as follows:

1. Installation on Unsurfaced Street: Where the installation is to be on an unsurfaced street, the amount to be charged shall be fixed by the Public Works Director based upon the estimated cost of installing the service.

2. Installation on Surfaced Street: Where the installation is upon a surfaced street, there shall be a fee established by the City Council for restoration of a typical road mix bituminous street. For the restoration of a higher type street, such fee as will be set by the Public Works Director. All backfill materials shall be mechanically compacted in twelve inch (12") layers to the density of the adjacent material in the roadway area, in accordance with the Minnesota Highway Department standard specifications, to the existing street grade. (Ord. 548, 8-14-67; amd. 1995 Code)

801.13: PROPERTY ASSESSMENTS:

The permit fee for water main tapping shall be paid for each connection in the amount specified in Section 801.12 of this Chapter. In addition, before any permit shall be issued, the following conditions shall be complied with:

A.    Certification by Public Works Director: No permit shall be issued to tap or connect with any water main of the City directly or indirectly from any lot or tract of land unless the Public Works Director shall have certified:

1. That such lot or tract of land has been assessed for the cost of construction of the water main with which the connection is made; or

2. If no assessment has been levied for such construction cost, the proceedings for levying such assessment have been or will be completed in due course; or

3. If no assessment has been levied and no assessment proceedings will be completed in due course, that a sum equal to the portion of cost of constructing said water main would be assessable against said lot or tract has been paid to the City. (Ord. 388, 4-22-63; amd. 1995 Code)

B.    Additional Connection Fee:

1. If no such certificate can be issued by the Public Works Director, no permit to tap or connect to any water main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the said main which would be assessable against said lot or tract to be served by such tapping connection, including interest at a rate equal to the interest rate of the original assessment and continuing for a period of twenty (20) years or the amount of years the assessment was payable, whichever is less. Interest may be waived or decreased when it is determined by the Public Works Director that the improvement was not subject to utilization until a later date.

2. The assessable cost is to be determined by the Public Works Director upon the same basis as any assessment previously levied against other property for the said main. If no such assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have been or which shall be charged for similar tapping or connection with such main, determined on the basis of the total assessable cost of the main, allocated on a frontage basis, acreage basis, or both. (Ord. 745, 12-30-74; amd. 1995 Code)

801.14: TURNING ON WATER:

No person except an authorized City employee shall turn on or off any water supply at the stop box without permission from the Public Works Director. Authorized City employees shall be allowed access to stop boxes at all times. (Ord. 388, 4-22-63; amd. 1995 Code)

801.15: WATER METERS:

A.    Meters Required: Except for extinguishment of fires, no person, except authorized City employees, shall use water from the water system or permit water to be drawn from the water system unless the same be metered by passing through a meter supplied or approved by the City. No person not authorized by the Public Works Director shall connect, disconnect, take apart or in any manner change, cause to be changed or interfere with any such meter or the action of such meter. (Ord. 388, 4-22-63)

1. Master Meter: Commercial or industrial buildings shall be metered with one master meter of adequate size as approved by the Director of Public Works.

2. Auxiliary Meters: If additional or auxiliary meters are desired for recording the subdivision of such supply, they must be furnished and set up by the owner or consumer at the owner or consumer's expense and the owner or consumer must assume all responsibility of reading, billing and maintaining the auxiliary meters. (Ord. 662, 3-13-72)

B.    Installation: All water meters shall be installed in accordance with the standards set by the Public Works Director. (Ord. 388, 4-22-63; amd. 1995 Code)

C.    Security Deposit: A security deposit to be made by customers for water meters and payment for the water meter shall be made in advance of installation for all meters in an amount established by City Council resolution. This deposit will be refunded when the property ownership is transferred. Remote reading devices on water meters will be required except where otherwise determined by the Public Works Director. (Ord. 733, 8-12-74; amd. 1995 Code)

D.    Maintenance and Repair: The City shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them if necessary. However, where replacement, repair or adjustment of any meter is rendered necessary by the act, neglect, including damage from hot water backup or carelessness of the owner or occupant of the premises, any expense caused the City shall be charged against and collected from the water consumer. (Ord. 388, 4-22-63)

E.    Rereading Meter: A consumer may, by written request, have their meter reread by depositing the amount stated below with the Finance Officer. In case a test should show an error of over five percent (5%) of the water consumed, the deposit will be refunded to the consumer, a correctly registering meter will be installed and the bill will be adjusted accordingly if the meter erred in favor of the City. Such adjustment shall not extend back more than one billing period from the date of the written request. The deposit charges for meter testing shall be an amount equal to the City's cost. (Ord. 733, 8-12-74; amd. 1995 Code)

F.    Meters City Property: All water meters shall be and remain the property of the City.

G.    Employees Granted Free Access: Authorized City employees shall have free access at reasonable hours of the day to all parts of every building and premises connected with the water system for reading of meters and inspections. (Ord. 388, 4-22-63)

H.    Rental Fee: A rental fee equal to the interest rate paid on customer security deposits, will be charged the customer for the use of City water meters. The rental fee may be set off or credited against any interest due the customer on the security deposit. (Ord. 733, 8-12-74)

801.16: WATER RATES AND COLLECTION OF CHARGES:

A.    Accounts, How Kept: All accounts shall be kept on the books of the Finance Officer by the house and street number, under the account number assigned and by the name of the owner or of the person signing the application for service. All bills and notices sent out by the Finance Officer shall be sent to the house or street number of the property. If nonresident owners or agents desire personal notice sent to a different address, they shall file an application with the Finance Officer. Any error in address shall be promptly reported to the Finance Officer. (Ord. 388, 4-22-63; 1995 Code)

B.    Water Rates:

1. Regular Rate; Minimum Rate: The rate due and payable by each water user within the City for water taken from the water system shall be payable quarterly in an amount set by the Council and kept on file in the City Manager's office in the form of a rate schedule. (1990 Code)

2. Faulty Meter: In case the meter is found to have stopped or to be operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously in comparable periods of the year.

3. Proration: Where service is for less than a quarterly period, the quarterly charge will be prorated on a monthly basis. (Ord. 388, 4-22-1963)

4. Automatic Sprinkler System: Where a connection is made to an automatic sprinkler system for standby service only, on either Municipal or private water mains, a charge for such service shall be made on an annual basis in an amount set by the Council, and kept on file in the City Manager's office, in the form of a rate schedule. (1990 Code)

These rates shall apply in all cases where automatic sprinklers are installed and where fire gates and other outlets are sealed. Meters or detector check valves must be installed on such services as required by the Public Works Director. An additional charge for volume used based on subsection B1 of this Section shall be due and payable by the user for usage over one thousand (1,000) gallons per year. (Ord. 936, 12-19-1983)

5. Rates Outside City Limits: Rates due and payable by each water user located beyond the territorial boundaries of the City shall be determined by special contract. (Ord. 388, 4-22-1963)

6. Unconnected Service Pipe:

a. Where a service pipe is connected to the stop box and laid into the building with no intention of connecting to the building piping for use immediately, there shall be the same minimum rates charged as in subsection B1 of this Section. (Ord. 496, 7-18-1966)

b. A meter shall be installed on the street valve in the house and a remote register outside regardless of whether inside piping is connected. (1990 Code)

7. Discontinued Use: In the event the water customer elects to discontinue the use of the Municipal water, the regular or minimum charge shall continue until such date as the service pipe is excavated and disconnected at the stop box. (Ord. 496, 7-18-1966)

8. Head of Household: The City Council may establish reduced water rates for any residence in which the owner and head of the household is receiving retirement survivors' insurance or disability insurance under the Social Security Act, 42 U.S.C. section 301, as amended. (Ord. 620, 4-27-1970; 1995 Code)

C.    Payment of Charges: Any prepayment or overpayment of charges may be retained by the City and applied on subsequent quarterly statements. (Ord. 407, 11-18-1963; 1990 Code)

D.    Action to Collect Charges: Any amount due for water charges in excess of ninety (90) days past due on October 1 of any year shall be certified to the County Auditor for collection with real estate taxes in the following year. This certification shall take place regardless of who applied for water services, whether it was the owner, tenant or other person. All applications for water service shall contain an explanation in clear language that unpaid water bills will be collected in real estate taxes in the following year. The City shall also have the right to bring a civil action or other remedies to collect unpaid charges. (Ord. 661, 3-13-1972)

E.    Penalty For Late Payment: Each quarterly billing for water service not paid when due shall incur a penalty charge of ten percent (10%) of the amount past due. (1990 Code, per letter dated 1-31-1997)

801.17: REPAIR OF LEAKS:

It shall be the responsibility of the consumer or owner to maintain the service pipe from the water main into the house or building. In case of failure upon the part of any consumer or owner to repair any leak occurring in such pipe within twenty four (24) hours after verbal or written notice, the water will be shut off and will not be turned on until the leak is repaired. When the waste of water is great, or when damage is likely to result from the leak, the water may be turned off immediately pending repairs. A water shutoff charge shall be made in an amount set by City Council resolution. (Ord. 530, 3-20-1967; 1995 Code)

801.18: USE OF WATER FOR AIR CONDITIONERS:

A.    Permit Required: Permits shall be required for the installation of all new air conditioning systems to the public water system. Said permit shall be on forms as provided by the City.

B.    Water Conserving and Regulating Devices: All air conditioning systems which are connected directly or indirectly with the public water system must be equipped with water conserving and water regulating devices as approved by the Public Works Director. (Ord. 388, 4-22-1963)

801.19: RESTRICTIONS AGAINST SPRINKLING AND OTHER LIMITATIONS:

All water customers and consumers shall be governed by the applicable regulations promulgated by the Board of Water Commissioners of the City of Saint Paul as to limitations in the time and manner of using water and such other applicable regulations promulgated by the City Council affecting the preservation, regulation and protection of the water supply. (Ord. 388, 4-22-1963)

801.20: LIABILITY FOR DEFICIENCY OR SHUTOFFS:

The City shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections or from any other cause whatever. In case of fire, or alarm of fire, or in making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary. (Ord. 388, 4-22-1963)

801.21: WILLFUL DAMAGE TO SYSTEM:

No person shall remove or damage any structure, appurtenance or property of the water system, fill or partially fill any excavation or raise or open any gate constructed or maintained for the water system. (Ord. 388, 4-22-1963)

801.22: DISCONTINUANCE FOR VIOLATIONS:

Water service may be shut off at any stop box connection whenever:

A.    Violation: The owner or occupant of the premises serviced or any person working on any pipes or equipment which are connected with the water system, has violated or threatens to violate any of the provisions of this Chapter.

B.    Nonpayment of Charges: Any charge for water, service, meter or any other financial obligation imposed on the present or former owner or occupant of the premises served is unpaid.

C.    Fraud or Misrepresentation: Fraud or misrepresentation by the owner or occupant of the premises served in connection with an application for service. (Ord. 388, 4-22-1963)

801.23: ABANDONED SERVICES:

A.    Abandoned Service Installations: All service installations that have been abandoned or have not been used for three (3) years shall be disconnected at the main by the City and all pipe and appurtenances removed shall be the property of the City. Any expense of the City shall be charged to the property.

B.    New Building/Increased Service: When new buildings are erected on the site of old ones and it is desired to increase or change the old water service, no connections with the mains shall be made until all the old service shall have been removed and the main plugged by the City. Any expense of the City shall be charged to the property. (Ord. 394, 3-27-1963)

801.24: FIRE HYDRANTS:

All publicly owned hydrants shall remain visible and accessible from the roadway for maintenance and emergency use. All sides, including top, shall have a minimum three foot (3') clear zone. No person other than authorized City employees shall operate fire hydrants or interfere in any way with the water system without first obtaining a permit to do so from the Public Works Director as follows:

A.    Permit: Permit to use a fire hydrant shall be issued for each individual job or contract and for a minimum of thirty (30) days and for such additional thirty (30) day periods as the Public Works Director shall determine. The permit shall state the location of the hydrant and shall be for the use of that hydrant and none other. (Ord. 409, 12-23-1963; 1995 Code)

B.    Deposit: The user shall make an advance cash deposit set by City Council resolution to guarantee payment for water used and to cover breakage and damage to hydrant, which shall be refunded upon expiration of the permit, less applicable charges for use. (Ord. 733, 8-12-1974; 1995 Code)

C.    Rental Charge: The user shall pay a rental charge set by City Council resolution. (Ord. 936, 12-19-1983; 1995 Code)

D.    Hydrant Rentals: There shall be a rental fee for fire hydrants, set by City Council resolution, payable by each owner (including the City) upon whose property such hydrant is situated. (Ord. 394, 5-27-1963; 1995 Code)

E.    Temporary Connection to Fire Hydrants: An owner of a private water system may make a temporary aboveground connection to a fire hydrant, subject to the time periods, conditions and payment as specified in subsection C of this Section. In addition, the method of connection to the private system shall conform to all existing requirements of the City Code and the type of meter used shall meet the approval of the Public Works Director. (Ord. 523, 1-9-1967; 1995 Code)

801.25: CONNECTIONS BEYOND CITY BOUNDARIES:

Where water mains of the City are in any street or alley adjacent to or outside the corporate limits of the City, the City Council may issue permits to the owners or occupants of properties adjacent or accessible to such water mains to make proper water service pipe connections with such water mains of the City and to be supplied with water in conformity with the applicable provisions of this Chapter and subject to the contract between the City and the City of Saint Paul for supply of water. (Ord. 388, 4-22-1963)

801.26: PRIVATE WATER SUPPLIES:

A.    Connection to Water System Prohibited: No water pipe of the water system shall be connected with any pump, well, tank or piping that is connected with any other source of water supply. (Ord. 388, 4-22-1963)

B.    Continued Use after Connection to System: Private wells may be maintained and continued in use after connection is made to the water system, provided there is no means of cross-connection between the private well and Municipal supply at any time. Hose bibbs that will enable the cross-connection of the two systems are prohibited on internal piping of the well supply system. The threads on the boiler drain of the well volume tank shall be removed or the boiler drain bibb replaced with a sink faucet. Where both private and City systems are in use, outside hose bibbs shall not be installed on both systems.

C.    New Construction:

1. Water Main Available: All new homes or buildings shall connect to the Municipal water system if a water main is available to the property unless the City Council approves a private well where unusual circumstances exist.

2. Water Main Unavailable: Where new homes or buildings do not have a water main available to the property, the City Council shall determine whether and under what conditions the Municipal water system will be extended to serve the property or a private well allowed. (Ord. 530, 3-20-1967)

D.    Existing Private Water System: Existing private water systems may be continued and maintained. Private wells serving such systems may not be drilled without a permit from the Director of Public Works or the City Council. (Ord. 891, 12-14-1981)

E.    Permit Required: No person shall drill any well without first obtaining a permit. Application for such permit shall state the character, location and size of the proposed well. The permit fee shall be set by City Council resolution. (Ord. 891, 12-14-1981)

F.    Requirements For Issuance: The Director of Public Works shall issue such permits only if one of the following exists:

1. The well will only serve one single-family residence, and the use of the Municipal system would create a health problem for the occupants of such single-family dwelling.

2. The well is to be used for monitoring purposes only and will be abandoned in accordance with State regulations at a set future date.

3. All other wells shall require a permit from the City Council. The City Council will issue such permits only after a determination that the private well will not interfere with the Municipal system and that the property cannot be served by the existing Municipal system. (Ord. 891, 12-14-1981; 1995 Code)

4. Upon the completion of the drilling of each and every well, the well driller shall notify the Chief Code Enforcement Officer and shall furnish the Chief Code Enforcement Officer with a visual pumping test of sufficient duration to determine the yield which shall be of a minimum rate of ten (10) gallons per minute. Within ten (10) days after such a test of a well, the well driller shall file an affidavit with the Chief Code Enforcement Officer setting forth the results of the test, the capacity of the well, the pumping level, the depth of casing from grade and a description of the screen or rock formation. (Ord. 276, 5-19-1959; 1995 Code)

G.    Well Pumps: No person shall install or replace a pump without first obtaining a permit to do so. Application for a permit to install or replace a pump for a well shall be made in writing to the Chief Code Enforcement Officer and shall state the manufacturer, type, horsepower and rating of the proposed pump to be installed or replaced. The permit fee shall be set by City Council resolution. (Ord. 873, 12-22-1980; 1995 Code)

801.27: PRIVATE USE OF WATER TOWERS:

A.    Permit Required: No person shall in any way use any Municipal water tower for private use without first obtaining a permit from the City Council to do so.

B.    Fee: If the permit is issued by the City Council, it shall be valid only as long as the applicant pays to the City the fee as set by City Council resolution. The permit must be renewed annually.

C.    Cancelling Permits: The City Council may at any time cancel any permit issued to a private person to in any way use any City Municipal water tower by returning to the person the unused portion of the annual fee. (Ord. 419, 4-20-1964; 1995 Code)


 

CHAPTER 802
SEWER USE AND REGULATIONS

 

SECTION:

 

802.01:        General Operation

802.02:        Supervision

802.03:        Connection Required

802.04:        Application for Sewer Connection

802.05:        Revocation of Contractor License

802.06:        Construction Requirements

802.07:        Use of Certain Buildings Restricted

802.08:        Prohibited Discharges

802.09:        Tampering Prohibited

802.10:        Certain Connections Prohibited

802.11:        Entry upon Private Property

802.12:        Rates and Charges

802.13:        Industrial User Strength Charges

802.14:        Transport and Dumping of Sewage

802.01: GENERAL OPERATION:

The entire Municipal sanitary sewer system shall be operated as a public utility and convenience from which revenues will be derived, subject to the provisions of this Chapter. (Ord. 218, 9-4-56)

802.02: SUPERVISION:

The Chief Code Enforcement Officer shall supervise all house sewer connections made to the Municipal sanitary sewer system and excavations for the purpose of installing or repairing the same. (Ord. 219, 9-4-56; amd. 1995 Code)

802.03: CONNECTION REQUIRED:

A.    Existing Buildings: Any building used for human habitation and located on property adjacent to a sewer main, or in a block through which the system extends, shall be connected to the Municipal sanitary sewer system within two (2) years from the time a connection is available to any such property.

B.    New Construction: All buildings constructed on property adjacent to a sewer main or in a block through which the system extends shall be provided with a connection to the Municipal sanitary sewer system for the disposal of all human wastes.

C.    Senior Citizen Deferral: In cases where the owner of an existing building is receiving a senior citizens deferral of special assessments for the cost of the sewer main and no health hazard exists, the City Council may defer the requirement for a connection to the sanitary sewer system until such time as the senior citizen deferral expires or a health hazard exists. (Ord. 901, 3-10-82)

802.04: APPLICATION FOR SEWER CONNECTION:

A.    Permit; Fees: Any person desiring a connection to the Municipal sanitary sewer system for property not previously connected with the system shall make application for a permit to the Chief Code Enforcement Officer, accompanied by such information as required by the Chief Code Enforcement Officer, together with a permit and inspection fee as set by City Council resolution;  provided, however, that a separate permit may be issued for that portion of the sewer connection extending from the property line to the main sewer or other outlet for which permit the fee shall be as set by City Council resolution and a separate permit may also be issued for that portion of the sewer extending from the house or building to the property line for which the permit fee shall be as set by City Council resolution. Inspection of the sewer service from the main to the building shall be performed by the Chief Code Enforcement Officer to ensure compliance to all applicable codes. (Ord. 1009, 3-23-87; amd. 1995 Code)

B.    Additional Building Permit Fees: In addition to the building permit fees established in Section 901.06 and in addition to any other fees established in this Code there is hereby established a fee to pay and reimburse the City for all sums which the City shall be required to pay to the Metropolitan Waste Control Commission because of all construction.

C.    Additional Fees to Pay for Unassessed Property and to reimburse the City for Metropolitan Sewer Board Charges: The permit fee for connection to the City sanitary sewer system shall be paid for each connection in the amount specified in subsections A and B of this Section. In addition thereto, before any permit shall be issued, the following conditions shall be complied with:

1. No permit shall be issued to connect with any sanitary sewer system of the City directly or indirectly from any lot or tract of land unless the Public Works Director shall have certified:

a. That such lot or tract of land has been assessed for the cost of construction of the sanitary sewer main with which the connection is made; or

b. If no assessment has been levied for such construction cost, the proceedings for levying such assessment have been or will be completed in due course; or

c. If no assessment has been levied and no assessment proceedings will be completed in due course, that a sum equal to the portion of cost of constructing said sanitary sewer main which would be assessable against said lot or tract has been paid to the City; or

d. That all charges and fees as required by subsection B, which are fees to reimburse the City for all sums paid to the Metropolitan Sewer Board required by the construction of new buildings are paid. (Ord. 688, 12-18-72)

2. If no such certificate can be issued by the Public Works Director, no permit to connect to any sanitary sewer main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the said sanitary sewer main which would be assessable against said lot or tract to be served by such connection for the main, including interest at a rate equal to the interest rate of the original assessment from the date of the original assessment and continuing for a period of twenty (20) years or the amount of years the assessment was payable, whichever is less. Interest may be waived or decreased when it is determined by the Public Works Director that the improvement was not subject to utilization until a later date. Said assessable cost is to be determined by the Public Works Director upon the same basis as any assessment previously levied against other property for the main. If no such assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have been or which shall be charged for similar connection with said main, determined on the basis of the total assessable cost of said main, allocated on a frontage basis, acreage basis or both. (Ord. 745, 12-30-74)

D.    Licenses Required: Permits shall be issued only to such persons who are duly licensed by the City to engage in the business of plumbing who have filed with the City the insurance certificates required under subsection F of this Section; provided, however, that permit may be issued to any person who is duly licensed by the City as a sewer contractor and who has filed with the City the insurance certificates required under subsection F for building and repairing that portion of the house or building sewer extending from the property line to the main sewer or other outlet. (Ord. 234, 8-6-57; amd. 1995 Code)

E.    License Fees: The annual license fee shall be as set by City Council resolution.

F.    Insurance:

1. Before any required permit is issued, the licensee applying for the permit shall file with the City Manager a certificate of insurance covering the licensee for the period covered by the license in the minimum liability amount of six hundred thousand dollars ($600,000.00).

2. The certificate shall state that the policies covering the licensee shall not be canceled without ten (10) days' written notice to the City. (Ord. 531, 3-20-67; amd. 1995 Code)

802.05: REVOCATION OF CONTRACTOR LICENSE:

A.    Violation: The City Council shall have power to revoke any license upon satisfactory proof that the holder of said license has willfully violated any of the provisions of this Chapter.

B.    Reinstatement: A revoked license shall not be reinstated in any manner for a period of six (6) months.

C.    Claim by City: The failure to pay, within sixty (60) days, any legitimate claim the City may have against a contractor shall constitute cause for revocation of license. (Ord. 233, 7-23-57; amd. 1995 Code)

802.06: CONSTRUCTION REQUIREMENTS:

A.    Materials: All pipes shall be constructed of materials approved by the Public Works Director.

B.    Joints and Connections: All joints and connections shall be constructed of materials approved by the Public Works Director.

C.    Grades:

1. Unless otherwise, all house sewers shall have a grade of not less than one-eighth inch (1/8") per foot. A grade of one-quarter inch (1/4") per foot should be used wherever practical. The contractor shall check grades before construction proceeds. Wherever possible, the connecting sewer shall join the building at an elevation which is below the basement floor of such building. (Ord. 219, 9-4-56)

2. In the event that a sewer service exists from the main sewer to a point outside of the street, the contractor shall excavate and expose the upper end of the service pipe. The elevation of the pipe leaving the structure shall be determined, and the difference between the two (2) pipes shall be sufficient so that a minimum grade of one-eighth inch (1/8") per foot is maintained. (1990 Code)

D.    Alignment: No connecting sewer shall contain bends or a combination of bends which at any point shall be greater than forty five degrees (45o), and no more than two (2) bends, regardless of angle, shall be permitted in any single house connection except where manholes or, in case of slab home, cleanouts are constructed at such points and in manner as directed by the Public Works Director. No connecting sewer shall be laid parallel to any bearing wall or footing unless further distant than three feet (3') from any such bearing wall or footing. No connecting sewer shall be laid within twenty feet (20') of any existing well. (Ord. 234, 8-6-57)

E.    Trenching and Backfilling:

1. All excavations shall be open trench work unless otherwise authorized by the City Engineer. The foundation in the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good and firm earth, the earth shall be pared or molded to give a full support to the lower third of each pipe. Bell holes shall be dug to provide ample space for pouring of joints. Care must be exercised in backfilling below the center line of the pipe in order to give it proper support.

2. Backfilling shall be placed in layers and solidly tamped or packed up to two feet (2') above the pipe. Backfilling shall not be done until the section to be backfilled has been inspected and approved by the Public Works Director.

F.    Use of Existing Sewer Services: Existing sewer services or portions of such sewers may be approved for use by the Public Works Director. The Public Works Director may request that the old sewer be excavated for the purpose of facilitating inspection. No cesspool or septic tank shall be connected to any portion of a house sewer that is also laid across or over any existing cesspool or septic tank, the existing cesspool or septic tank shall first be pumped clean and filled with earth   to the surrounding ground level. Where a sewer is laid across or over any existing cesspool or septic tank, only material approved by the Public Works Director shall be used for that portion of the connecting sewer which is laid across or over the existing cesspool or septic tank.

G.    Connections at "Y" Only: Every connecting sewer shall be connected to the Municipal sewer system at the "Y" designated for the property served by the connection, except where otherwise expressly authorized by the Public Works Director. Where expressly authorized by the Public Works Director, all connections made at points other than the designated "Y" shall be made only under the direct supervision of the Public Works Director in such manner as the Public Works Director may direct.

H.    Tunneling: Tunneling for distances of not more than six feet (6') is permissible in yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall be at least one size larger than the pipe to be laid.

I.     Independent Systems Required:

1. The drainage and plumbing system of each new building and of new work installed in an existing building shall be separate from and independent of that of any other building except where provided in this subsection and every building shall have an independent connection with a public sewer when such is available. (Ord. 219, 9-4-56; amd. 1995 Code)

2. A separate connection shall be required for each dwelling unit constructed on or after September 19, 1979, in  R-1, R-2, R-4, R-5 and R-6 Districts as defined in Title 10 of this Code. A separate connection shall not be required for apartment-type buildings as determined by the Public Works Director. (Ord. 855, 9-10-79; amd. 1995 Code)

J.     Exception to Independent Sewer System Requirement: Under the following limited circumstances, the requirement for an independent sewer system provided in subsection I of this Section need not be met:

1. Where one building stands to the rear of another building on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building drain from the front building may be extended to the rear building and the whole will be considered as one building drain. Where such a building drain is extended, a cleanout shall be provided immediately inside the rear wall of the front building.

2. A new structure on one parcel may be permitted to connect to an existing sewer line serving an adjacent parcel when the following conditions are met:

a. The alternative construction of a new sewer service to serve the parcel would create a hardship due to the necessity of crossing a railroad or roadway by method other than open cut or as determined by the Public Works Director.

b. The owners of the property will sign and record an instrument, in perpetuity, for joint use and maintenance of the shared service, which instrument specifically holds the City harmless and releases the City from any and all claims relating to the shared service. A copy of said instrument will be filed with the City for approval by the City Attorney.

c. The Public Works Director determines that the shared sewer has adequate capacity for anticipated flows.

d. A cleanout is provided at the junction point of the two (2) services. (Ord. 926, 5-22-83; amd. 1995 Code)

K.   Repair of Public Right of Way: No connection to the City sanitary sewer system shall be finally approved until all streets, pavements, curbs and boulevards or other public improvements have been restored to their former condition to the satisfaction of the Public Works Director. (219, 9-4-56; amd. 1995 Code)

L.    Costs and Maintenance:

1. Installation and Connection: All costs and expenses incidental to the installation and connection to the Municipal sewer system shall be borne by the owner and the owner shall indemnify the City for any loss or damage that may, directly or indirectly, be occasioned by the installation of the sewer connection, including restoring streets and street surface.

2. Maintenance: It shall be the responsibility of the owner or occupant to maintain the sewer service from the main sewer into the house or building. (Ord. 532, 3-20-67)

802.07: USE OF CERTAIN BUILDINGS RESTRICTED:

No person shall use any building or allow any other person to use any building which is not connected to the Municipal sanitary sewer system as required by Section 802.03 of the City Code. (Ord. 414, 4-6-64)

802.08: PROHIBITED DISCHARGES:

All discharge into the City's sanitary sewer system shall be in conformance with the Waste Discharge Rules adopted by the Metropolitan Waste Control Commission. (1995 Code)

802.09: TAMPERING PROHIBITED:

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Municipal sewer system. (Ord. 218, 9-4-56)

802.10: CERTAIN CONNECTIONS PROHIBITED:

No building located on property lying outside the limits of the City shall be connected to the Municipal sanitary sewer system unless authorization is obtained from the City Council. (Ord. 218, 9-4-56; amd. 1995 Code)

802.11: ENTRY UPON PRIVATE PROPERTY:

The Public Works Director and other duly authorized employees of the City, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the Municipal sanitary sewer system. (Ord. 218, 9-4-56; amd. 1995 Code)

802.12: RATES AND CHARGES:

A.    Charges for Use: A charge is hereby imposed upon every person whose premises are served, either directly or indirectly, by the sanitary sewer system within the City, for the use of the facilities of said sewer system and for connection to the system. Such charges shall be in an amount set by the Council and shall be kept on file in the City Manager's office in the form of a rate schedule. (Ord. 592, 2-17-69; amd. 1990 Code)

B.    Supplemental Charges for Industrial Sewage Wastes: In respect to property which shall be connected to the City sewer for the disposal of industrial sewage wastes, which shall by virtue of its strength and volume be subject to supplementary charges by the Metropolitan Waste Control Commission, the City may impose a supplemental charge based generally upon and at least equal to the amount of the Metropolitan Waste Control Commission supplemental charge.

C.    Payment of Charges: Any prepayment or overpayment of charges may be retained by the City and applied on subsequent quarterly statements.

D.    Penalty for Late Payment: Each quarterly billing for sewer charges not paid when due shall incur a penalty charge of ten percent (10%) of the amount past due. (Ord. 592, 2-17-69; amd. 1995 Code)

E.    Action to Collect Charges: Any amount due for sewer charges, including Metropolitan Waste Control Commission sewer charges, in excess of ninety (90) days past due on October 1 of any year shall be certified to the County Auditor for collection with real estate taxes in the following year. This certification shall take place regardless of who applied for sewer services, whether it was the owner, tenant or other person. The City shall also have the right to bring a civil action or other remedies to collect unpaid charges. (Ord. 661, 3-13-72; amd. 1995 Code)

802.13: INDUSTRIAL USER STRENGTH CHARGES:

The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota, in order to receive and retain grants in compliance with the Federal Water Pollution Control Act is required to impose industrial user strength charges to recover operation and maintenance cost of treatment works attributable to the strength of discharge of industrial waste. The City shall collect industrial strength charges as dictated by the Metropolitan Waste Control Commission rules and Minnesota State Statutes and adopts the same by reference. (1995 Code)

802.14: TRANSPORT AND DUMPING OF SEWAGE:

The cleaning and/or emptying of the contents of any privy vault, septic tank, cesspool, sink or private drain located in the City shall be done in an inoffensive manner and the contents shall be placed in and be removed from the premises in closed, tight covered barrels, receptacles or tank trucks so as to prevent the scattering, dropping or leaking while being transported and shall be discharged or destroyed so as not to be offensive to surrounding property owners. (Ord. 168, 9-15-53; amd. 1995 Code)


 

CHAPTER 803
STORM WATER DRAINAGE

SECTION:

 

803.01:        Storm Water Drainage Utility

803.02:        Connection to Storm Sewers

803.01: STORM WATER DRAINAGE UTILITY:

A.    Establishment: The Municipal storm sewer system shall be operated as a public utility pursuant to Minnesota Statute, section 444.075, from which revenues will be derived subject to the provisions of this Section and Minnesota statutes. The storm water drainage utility will be part of the Public Works Department and under the administration of the Public Works Director.

B.    Definition: "Residential equivalent factor, (REF)" - One REF is defined as the ratio of the average volume of runoff generated by one acre of a given land use to the average volume of runoff generated by one acre of typical single-family residential land during a standard one year rainfall event.

C.    Fees: Storm water drainage fees for parcels of land shall be determined by multiplying the REF for a parcel's land use by the parcel's acreage and then multiplying the REF for a parcel's land use by the parcel's acreage and then multiplying the resulting product by the storm water drainage rate. The REF values for various land uses are as follows[19]:

For the purpose of calculating storm water drainage fees, all developed one-family and duplex parcels shall be considered to have an acreage of one-third (1/3) acre. The storm water drainage rate used to calculate the actual charge per property shall be established by City Council Resolution.

D.    Credits: The City Council may adopt policies recommended by the Public Works Director, by resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response substantially different from the standards. Such adjustments of storm water drainage fees shall not be made retroactively.

E.    Exemptions: The following land uses are exempt from storm water drainage fees:

1. Public rights of way.

2. Vacant, unimproved land with ground cover.

F.    Payment of Fee: Statements for storm water drainage fee shall be computed every three (3) months and invoiced by the Finance Officer for each account on or about the fifth day of the month following the quarter. Such statement shall be due on or before the last day of the month in which the statement is mailed. Any prepayment or overpayment of charges shall be retained by the City and applied against subsequent quarterly fees.

G.    Recalculation of Fee: If a property owner or person responsible for paying the storm water drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the Public Works Director made within twelve (12) months of mailing of the invoice in question by the City.

H.    Penalty for Late Payment: Each quarterly billing for storm water drainage fees not paid when due shall incur a penalty charge of ten percent (10%) of the amount past due.

I.     Certification of Past Due Fees on Taxes: Any past due storm water drainage fees, in excess of ninety (90) days past due on October 1 of any year, may be certified to the County Auditor for collection with real estate taxes in the following year, pursuant to Minnesota Statute, section 444.075, subdivision 3. In addition, the City shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. (Ord. 937, 1-9-84; amd. 1995 Code)

803.02: CONNECTION TO STORM SEWERS:

A.    Permit Required: No person shall connect any drain to a storm sewer of the City without first obtaining a permit to do so.

B.    Granting of Permits: The Public Works Director shall grant permits only to applicants who are licensed by the City.

C.    Hook Up Permit Fee: The fee for a permit to hook up to a City storm sewer shall be set by City Council resolution. (Ord. 377, 9-10-62; amd. 1995 Code)

D.    Additional Fees: Before any hook up permit shall be issued, the following conditions shall be complied with:

1. No permit shall be issued to connect with any storm sewer system to the City directly or indirectly from any lot or tract of land unless the Public Works Director shall have certified:

a. That such lot or tract of land has been assessed for the cost of construction or the storm sewer main or line with which the connection is made, or

b. If no assessment has been levied for such construction cost, the proceedings for levying such assessment have been or will be completed in due course, or

c. If no assessment has been levied and no assessment proceedings will be completed in due course, that a sum equal to the portion of cost of constructing said storm sewer main which would be assessable against said lot or tract has been paid to the City, or

2. If no such certificate can be issued by the Public Works Director no permit to connect to any storm sewer main shall be issued unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the said storm sewer main which would be assessable against said lot or tract to be served by such connection. Said assessable cost is to be determined by the Public Works Director upon the same basis as any assessment previously levied against other property for the said main, including interest at a rate equal to the interest rate of the original assessment from the date of the original assessment and continuing for a period of twenty (20) years or the amount of years the assessment was payable, whichever is less. Interest may be waived or decreased, when it is determined by the Public Works Director that the improvement was not subject to utilization until a later date. If no such assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have been or which shall be charged for similar storm sewer improvements, determined on the basis of the total assessable cost of said main or line, allocated on a frontage basis, acreage basis, or both.

3. No building permit shall be issued for any building where the affected lot or parcel of land has been benefited by an assessed storm sewer improvement unless the provisions of this subsection have been complied with. (Ord. 745, 12-30-74; amd. 1995 Code)


 

 

 

 

 

TITLE 9
BUILDING REGULATIONS


CHAPTER 901
BUILDING CODE

SECTION:

901.01:        Adoption of Code

901.02:        Designated Building Official

901.03         Code Enforcement Officers

901.04:        Conflict of Interest

901.05:        Reserved

901.06:        Permits, Inspections and Fees

901.07:        Reserved

901.08:        State Surcharge on Building Permit Fees

901.09:        Permits Required

901.10:        Street Assessments

901.11:        Deposit for Protection of Concrete Curbs, to Ensure Cleaning of Streets and to Ensure Compliance with Building Code

901.12:        Work within Public Right-of-Way

901.13:        Reserved

901.14:        Completion; Inspection

901.15:        Expiration of Permits

901.16:        Permits not Construed as Waiver of Violation

901.01: ADOPTION OF CODE:

The 2003 Minnesota State Building Code (MSBC) one copy of which is on file in the office of the designated building official, has been adopted by Minnesota Statutes 16B.59 to 16B.75 as a uniform building code applicable throughout the state, superseding any other building code of any municipality.  The most recent revisions, and subsequent amendments to such code are hereby adopted as the building code of the city and incorporated in this chapter as completely as if set out in full.  (Ord. 1237,3-13-2000, eff 5-1-2000), (Ord. 1289, 8-4-2003, eff 1-1-2004)

901.02: DESIGNATED BUILDING OFFICIAL:

The designated building official shall receive and process applications, inspect premises, ascertain compliance with the building code, issue permits and perform such other work under the building, zoning and subdivision codes as may be delegated to him by the city manager or community development director. (1990 Code), (Ord. 1289, 8-4-2003, eff 1-1-2004)

901.03: CODE ENFORCEMENT OFFICERS:

The code enforcement officers shall perform such work in enforcing the building code and other portions of the city code as may be delegated to each by the building official or community development director or as provided for in the city code. (Ord. 1058, 3-16-1989; amd. 1995 Code), (Ord. 1289, 8-4-2003, eff 1-1-2004)

901.04: CONFLICT OF INTEREST:

No code enforcement officer shall have any financial interest in any concern engaged in a business relationship with the city or engage in any business relationship with the city within such code enforcement officer's respective field. (1990 Code)

901.05: RESERVED SECTION

(Ord. 679, 9-11-1972; amd. 1995 Code), (Ord. 1289, 8-4-2003, eff 1-1-2004)

901.06: PERMITS, INSPECTIONS AND FEES:

The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, section 16B and as listed in the most current Fees Resolution adopted by the City Council. Permit fees shall be assessed for work governed by this code and work governed by the city code. The amount of permit fees shall be the total of the following:

A.    The amount of building permit and other fees shall be as determined by the most current Fees Resolution adopted by the City Council.

B.    In addition, an amount equal to eight percent (8%) of the building permit fee established by subsection A of this section, to be used to defray the cost of fire safety inspections. (Ord. 1237, 3-13-2000, eff. 5-1-2000)

C.    When a plan is required to be submitted, a plan checking fee shall be paid. Plan checking fees for all buildings, except for construction costs in R-1 and R-2 zones which do not involve new single family structures, and are of less than fifteen thousand dollars ($15,000.00), shall be sixty five percent (65%) of the building permit fee as set forth in section 901.06 of this chapter except as modified in MSBC Section 1300. (Ord. 1110, 4-13-1992)

(Ord. 1289, 8-4-2003, eff 1-1-2004)

901.07: RESERVED SECTION

(Ord. 1289, 8-4-2003, eff 1-1-2004)

901.08: STATE SURCHARGE ON BUILDING PERMIT FEES:

In addition to the permit fees established in section 901.06A of this chapter, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statutes, section 16B.70 and Chapter 1300 of the MSBC. (Ord. 1289, 8-4-2003, eff 1-1-2004)

901.09: PERMITS REQUIRED:

A.    Permits shall be required as specified in the MSB Code.

B.    Permits shall be required for the following to verify compliance with the city code. Fees, based on valuation, shall be as established in the most current Fees Resolution adopted by the City Council:

§      Fences over four (4’) feet tall (new and replacement)

§      Walls over four (4’) feet tall (new and replacement)

§      Driveways (new and replacement)

§      Drain tile installations (new and replacement)

§      Sheds

§      Permanent and Temporary Signage

 C.   Moving Of Dwellings or Buildings:

       1. Permit Required: The applicant for a permit to move a building or dwelling shall pay a fee as established in the most current Fees Resolution adopted by the City Council. Inspection of buildings outside the city limits shall be charged on an hourly rate and include a mileage charge for city vehicles. (Ord. 528, 3-13-1967)

       2. Application: The applicant for a permit to move a building to a new location within this municipality shall file an application in accordance with subsection 1004.01F of this code.

D.    Demolition Permits: The applicant for a permit to demolish or wreck a building or in-ground pool shall pay a fee as established in the most current Fees Resolution adopted by the City Council. 

E.    Gas Apparatus:

       1. Installation Of Gas Piping And Repairs Or Alterations To Existing Gas Piping: For the installation of the necessary gas piping and for the repair or alterations of existing gas piping to furnish gas for heat, light or power to a building or structure, the permit fee charge shall be as established in the most current Fees Resolution adopted by the City Council.

       2.Heating,ventilation and air conditioning (HVAC) Equipment: For installation, repair, or alteration of HVAC equipment, the permit fee charge shall be as established in the most current Fees Resolution adopted by the City Council.

F.    Plumbing:

       Plumbing Fixtures, Devices And Connections: For the installation, alteration, repair, or extension of plumbing work the permit fee charge shall be as established in the most current Fees Resolution adopted by the City Council.

G.    Excavations, Grading And Surfacing: For the excavation, grading, surfacing or filling for any building, structure, plot or area of ground, the permit fee charge shall be as listed in the most current Fees Resolution adopted by the City Council. No person, firm nor corporation shall do any excavating, grading, surfacing or filling in the City until they are equipped with certain communication equipment (such as cellular or mobile phones or two-way radios) which allows access to emergency call number 911. (Ord. 873, 12-22-80; amd. Ord. 1161, 5-22-95)

H.    Signs, Billboards And Marquees:

       1.  All sign fees shall be as established in the most current Fees Resolution adopted by the City Council.

I.     Designated Building Official To AscertainValue Of Construction: Whenever in this Chapter the permit charge is based upon market value of the work to be done, the Designated Building Official shall ascertain such value. (Ord. 528, 3-13-67)

J.     Special Permits: The fee for all special events, temporary tents, temporary sales permits not specified by this Code shall be as listed in the most current Fees Resolution adopted by the City Council.

K.   Minimum Fee: The minimum fee for any permit whether or not such permit is mentioned in this Code shall be twenty-five dollars ($25.00). (Ord. 873, 12-22-80; amd. 1995 Code)

 (Ord. 1289, 8-4-2003, eff 1-1-2004)

901.10: STREET ASSESSMENTS:

A.    No permit shall be issued to construct any building upon any lot or tract of land unless the Finance Officer shall have certified:

1. That such lot or tract of land has been assessed for the cost of construction of any public roads, curbs or sidewalks contiguous to said lot or tract of land.

2. If no assessment has been levied for such construction cost, the proceedings for levying such assessments have been or will be completed in due course.

B.    If no such certificate can be issued by the Finance Officer, no permit to construct any building shall be issued unless the applicant shall pay a fee which shall be equal to the portion of the cost of construction of the public road, curb or sidewalk which would be assessable against said lot or tract to be served by such road, curb or sidewalk. Said assessable cost is to be determined by the Public Works Director upon the same basis as any assessment previously levied against other property for the road, curb or sidewalk, including interest at a rate equal to the interest rate of the original assessment from the date of the original assessment and continuing for a period of twenty (20) years or the amount of years the assessment was payable, whichever is less. Interest may be waived or decreased when it is determined by the Public Works Director that the improvement was not subject to utilization until a later date. (Ord. 745, 12-30-74)

901.11: DEPOSIT FOR PROTECTION OF CONCRETE CURBS, TO ENSURE CLEANING OF STREETS AND TO ENSURE COMPLIANCE WITH BUILDING CODE:

At any time a permit is applied for on any new construction and on any remodeling project or addition which in the reasonable opinion of the Designated Building Official  involves more than fifty percent (50%) of the cost evaluation of the existing structure, the permit shall also require a cash deposit. In the case of a permit issued for a project involving a dwelling or accessory structure, the amount of such deposit shall be four hundred dollars ($400.00). In the case of any other project, the deposit shall be the greater of four hundred dollars ($400.00) or one percent (1%) of the total valuation as determined from the building permit, but not exceeding two thousand dollars ($2,000.00). Such deposit shall be required and applied as necessary to:

A. Protect against damage to the abutting street, concrete curb or other City facility occurring by reason of such construction, and

B. Defray the cost of cleaning streets if the City is required to do so.

 

The deposit, or unused portion, shall be refundable upon issuance of an occupancy certificate. (Ord. 1289, 8-4-2003, eff 1-1-2004)

901.12: WORK WITHIN PUBLIC RIGHT-OF-WAY:

A permit shall be required for any work such as sidewalk construction, curb or gutter construction, driveways, tree planting, boulevards, drainage, etc., which is proposed to be done within the public right-of-way. See Section 707 of the City Code. (Ord.1289, 8-4-2003, eff 1-1-2004)

901.13: RESERVED SECTION

(Ord. 1289, 8-4-2003, eff 1-1-2004)

901.14: COMPLETION; INSPECTION:

Within five (5) working days after the work has been completed, the person who has acquired any permit required under this Code shall notify the Designated Building Official  that work has been completed. (Ord. 637, 11-9-70) (Ord. 1289, 8-4-2003, eff 1-1-2004)

901.15: EXPIRATION OF PERMITS:

A.  Any permit issued under the Building Code shall become invalid at the end of 180 days from the date of issuance unless the work for which the permit was issued has been started. This time limit may be extended by the Designated Building Official  providing that application for such extension of time has been made in writing previous to the expiration of said permit.

B.    A permit shall expire after work has been abandoned or suspended for 180 days.

(Ord. 1289, 8-4-2003, eff 1-1-2004)

901.16: PERMITS NOT CONSTRUED AS WAIVER OF VIOLATION:

In the event an owner or agent is charged with a violation of law, including any provision of this Code or other regulation, it shall be no defense that a permit was issued pursuant to this Chapter. (Ord. 842, 2-12-79)


 

CHAPTER 902
FIRE PREVENTION

 

SECTION:

 

902.01:        Adoption of Minnesota State Fire Code

902.02:        Establishment and Duties of Fire Marshal

902.03:        Permits Required

902.04:        Fire Prevention Inspections

902.05:        Explosives and Blasting Agents

902.06:        Storage of Flammable Liquids

902.07:        Bulk Storage of Liquefied Petroleum Gas

902.08:        Open Flame Fire on Apartment Balconies

902.09:        New Materials, Process or Occupancies

902.10:        Evidence of Compliance with Code

902.11:        Revocation of Permits

902.12:        Day Care Facilities Fire Code Inspection

902.13         Appeal

902.01: ADOPTION OF MINNESOTA STATE FIRE CODE:

The most recent edition of the Minnesota State Fire Code, as published by the International Fire Code Institute and adopted by the State Fire Marshal, along with all amendments to that edition adopted by the State Fire Marshal are adopted by reference and made a part of the City Code. (1995 Code) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.02: ESTABLISHMENT AND DUTIES OF FIRE MARSHAL[20]:

A.    The Minnesota State Fire Code shall be enforced by the office of the Fire Marshal of the City.

B.    The Fire Marshal shall be appointed by the Fire Chief. (Ord. 976, 6-24-85)

C.    Whenever the term State Fire Marshal or Fire Chief appear in the Minnesota State Fire Code, it shall include the Fire Marshal of the City. (Ord. 1060, 5-22-89)

(Ord. 1289, 8-4-2003, eff 1-1-2004)

D.    The Chief of the Fire Department may detail members of the Fire Department as assistant Fire Marshals.

E.    A report of the office of the Fire Marshal shall be made annually and shall be transmitted to the City Manager. It shall contain all proceedings under this Code with such statistics as the City Manager may require. (Ord. 976, 6-24-85)

902.03: PERMITS REQUIRED:

A permit from the Fire Marshal is required to conduct the following:

 

A.    Install any automatic fire sprinkler system.

B.    Install any automatic fire suppression or extinguishing system. (Ord. 1060, 5-22-89)

C.    Modify an automatic sprinkler, fire suppression system or fire extinguishing system. (Ord. 1095, 7-22-91)

D.    Install any aboveground or underground liquid fuel storage tank.

E.    Install any aboveground or underground liquefied gas storage tank.

F.    Install or modify any fire alarm detection or signaling system when the value of the installation or modification exceeds one thousand dollars ($1,000.00).

G.    Remove an underground liquid fuel storage tank. (Ord. 1060, 5-22-89)

H.    Clean and degrease commercial hoods and ducts. (1995 Code)

 

A fee, as established in Section 901.06 of this Code shall be paid for each permit required by this Section. A plan check fee as authorized in Section 901.06 of this Code is required. (Ord. 1060, 5-22-89; amd. 1995 Code) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.04: FIRE PREVENTION INSPECTIONS:

Fire Inspection personnel of the City are authorized to conduct fire prevention inspections of any and all Group A, B, E, H, I, F, M, S, and R occupancies as defined in the Minnesota State Building Code, located within the City. (Ord. 1060, 5-22-89; amd. 1990 Code) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.05: EXPLOSIVES AND BLASTING AGENTS:

A.    Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents are to be Prohibited: Storage of explosives and blasting agents is prohibited in all areas other than those zoned I-1 and I-2 and then only when stored in accordance with NFPA No. 495.

B.    Establishment of Motor Vehicle Routes for Vehicles Transporting Explosives and Blasting Agents[21]: Designated routes for vehicles transporting explosives and blasting agents are hereby established as follows: State Trunk Highway 36 from Rice Street west to the west City limits, State Highway 280 from the south City limits to the confluence with STH No. 36 and Interstate 35W to the north City limits, Snelling Avenue north of STH No. 36 to County Road "C", County Road "C" from Snelling Avenue west to Long Lake Road, Fairview Avenue from County Road "C" north to the intersection of Terrace Drive, Long Lake Road south from County Road "C" to Terminal Road, Terminal Road west to the Minnesota Transfer Railway tracks, and St. Croix Street south from Terminal Road to STH No. 36. (Ord. 867, 9-22-80)

902.06: STORAGE OF FLAMMABLE LIQUIDS:

A.    Outside Aboveground Tanks: The limits referred to in the Minnesota State Fire Code in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows: All areas other than that area bounded by Cleveland Avenue, STH No. 36, the north City limits and the west City limits.

B.    New Bulk Plants: The limits referred to in the Minnesota State Fire Code in which new bulk plants for flammable liquids are prohibited are hereby established as follows: All areas other than that area bounded by Cleveland Avenue, STH No. 36, the north City limits and the west City limits. (Ord. 867, 9-22-80; amd. 1995 Code)

(Ord. 1289, 8-4-2003, eff 1-1-2004)

C.    Other Nonresidential Areas:

1. Permit: Notwithstanding the limits for aboveground storage tanks established in subsections A and B above, such storage tanks in other nonresidentially zoned areas may be allowed by issuance of a permit approved by the City Council. The permit is subject to review and recommendations of the Fire Marshal and to conditions imposed by the City Council.

2. Requirements: Storage tanks permitted by this subsection shall be designed to meet all applicable State and Federal regulations and setback requirements, shall be located in rear yards and shall be screened from eye level view from adjacent properties and public streets by buildings, landscaping or by a screen wall. Screen walls shall be constructed of similar and compatible materials to that of the principal structure.

3. Annual Review: Annually, the City Council shall review the site and tank permit for compliance with the original permit.

4. Termination for Noncompliance: The City Council may terminate the permit for noncompliance or require additional improvements consistent with this subsection.

5. Automatic Expiration; Extension of Permit: Such use of the land shall automatically expire five (5) years after the original date of approval. Thereafter the applicant may apply for an annual one year extension of the permit. (Ord. 1128, 9-27-93)

902.07: BULK STORAGE OF LIQUEFIED PETROLEUM GAS:

A.    Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gas Is to Be Restricted: The limits referred to in the Minnesota State Fire Code in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: All areas except those areas zoned I-1 and I-2. Such storage is permissible in B-1, B-1B, B-2 and B-3 Districts by conditional use permit issued by the City Council. (Ord. 867, 9-22-80; amd. 1995 Code) (Ord. 1289, 8-4-2003, eff 1-1-2004)

B.    Protection Systems: All bulk storage facilities for liquefied petroleum gas containing two thousand (2,000) gallons water capacity or more shall be stored in tanks protected from fire by one of the following protection systems:

1. Preaction Water Spray System: A preaction water spray system designed in accordance with National Fire Protection Association Standard No. 15 which is hereby adopted by reference.

2. Fire Proof Insulation: Tanks coated with a water based, thermally activated, subliming, intumescent fireproofing insulation capable of passing a minimum fire resistance test of one hour when tested on steel pressure vessels using standard industry tests; the surface coating shall be impermeable and hard-shelled to resist weathering.

3. Mounded above Grade: Upon the submission of detailed plans and specifications and upon the written approval of the Fire Chief and the Fire Marshal, tanks may be mounded above grade. (Ord. 867, 9-22-80)

4. Shutoff Valve: Tanks shall be equipped with a valve at the outlet of the tank. The valve shall be designed to automatically shut off the flow of fuel in the event of the following conditions:

a. Excess flow of fuel.

b. Automatic detection of fire conditions.

The valve shall also be capable of manual operation. The valve shall be interconnected with all related electrical equipment. (Ord. 1060, 5-22-89)

C.    Permit Required:

1. Notwithstanding the limits for aboveground storage tanks established in subsections A and B above, such storage tanks in other nonresidentially zoned areas may be allowed by issuance of a permit approved by the City Council. The permit is subject to review and recommendations of the Fire Marshal and to conditions imposed by the City Council. Annually, the Council shall review the site and tank permit for compliance with the original permit. The Council may terminate the permit for noncompliance or require additional improvements consistent with this subsection.

2. Storage tanks permitted by this subsection shall be designed to meet all applicable State and Federal regulations and setback requirements, shall be located in rear yards and shall be screened from eye level view from adjacent properties and public streets by buildings, landscaping or by a screen wall. Screen walls shall be constructed of similar and compatible materials to that of the principal structure.

3. Such use of the land shall automatically expire five (5) years after the original date of approval. Thereafter, the applicant may apply for an annual one year extension of the permit. (Ord. 1128, 9-27-93)

902.08: OPEN FLAME FIRE ON APARTMENT BALCONIES:

A.    Except where the balconies and the building are of all masonry or steel construction, in any multiple-family dwelling classified as R-1 and R-2 occupancy by the Minnesota State Building/Uniform Fire Code, no person shall kindle, maintain or cause any fire or open flame on any balcony above ground level or on any ground floor patio within fifteen feet (15') of the structure. (Ord. 1289, 8-4-2003, eff 1-1-2004)

B.    No person shall store or use any fuel, barbecue, torch or other similar heating or lighting chemical or device in the locations designated in subsection A. above.

C.    Exception: Occupants may apply to the Fire Chief or Fire Marshal for a permit to allow barbecue grills which are affixed to the balcony and which utilize direct connection to the building's electric or natural gas system. (Ord. 1151, 9-12-94)

902.09: NEW MATERIALS, PROCESS OR OCCUPANCIES:

The City Manager, the Chief of the Fire Department and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits in addition to those now enumerated in this Code. The Fire Marshal shall post such list in a conspicuous place in the Fire Marshal's office and distribute copies to interested persons. (Ord. 867, 9-22-80)

902.10: EVIDENCE OF COMPLIANCE WITH CODE:

The City Manager or the Fire Marshal if so designated by the Manager, may accept written reports from qualified persons that any particular establishment is complying with all the regulations of the Minnesota State Fire Code. The City Manager in determining who is qualified to make such reports may consider licenses held by such individuals in other municipalities. (Ord. 867, 9-22-80) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.11: REVOCATION OF PERMITS:

The office of the Fire Marshal may revoke a permit or approval issued if any violation of the Minnesota State Fire Code is found upon inspection or where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. (Ord. 867, 9-22-80) (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.12: DAY CARE FACILITIES FIRE CODE INSPECTION:

All day care fire/life safety inspection fees shall be as established in the most current Fees Resolution adopted by the City Council. (Ord. 1289, 8-4-2003, eff 1-1-2004)

902.13: APPEAL:

(Ord. 1289, 8-4-2003, eff 1-1-2004)

An appeal of the following actions can be made to the City Council by the affected party within thirty (30) days of the affected party being notified of the actions:

 

A.    Issuance of fire prevention orders.

B.    Extension of time limits for compliance with a fire prevention order issued by the Fire Marshal.

C.    Refusal of the Fire Marshal to issue permits authorized in this Code.

D.    Revocation of a permit pursuant to this Code.

E.    Affected party claims that the Code does not apply or that the intent of the Code has been misconstrued or wrongly interpreted. (Ord. 1060, 5-22-89; amd. 1995 Code)


 

CHAPTER 903
ELECTRICAL CODE

 

SECTION:

 

903.01:        Electrical Code Adopted as Part of Minnesota State Building Code (MSBC)

903.01: ELECTRICAL CODE ADOPTED AS PART OF MINNESOTA STATE BUILDING CODE (MSBC):

The Electrical Code is an adopted section of the MSBC. Fees for electrical work shall be as established in the most current Electrical Inspection Services Contract approved by the City Council. (Ord.1289, 8-4-2003, eff. 1-1-2004)


 

CHAPTER 904
PLAN REVIEW

 

SECTION:

 

904.01:        Applicant to Provide Plans

904.02:        Review of Plans

904.01: APPLICANT TO PROVIDE PLANS:

At the time of application for a building permit involving exterior construction in all zoning classifications except R-1 and R-2, the applicant shall submit detailed plans to the City’s Designated Building Official concerning exterior lighting, signs, exterior construction material, exterior color, outside trash and refuse receptacles, screening and such other exterior factors as the Designated Building Official requests to determine compliance with the City Code. (Ord. 886, 8-10-81) (Ord. 1289, 8-4-2003, eff 1-1-2004)

904.02: REVIEW OF PLANS:

Where the exterior construction is located on any parcel zoned other than R-1 or R-2,  such plans shall be reviewed by the Designated Building Official.  (Ord. 886, 8-10-81) (Ord. 1289, 8-4-2003, eff 1-1-2004)


 

CHAPTER 905
SWIMMING POOLS

SECTION:

 

905.01:        Permit Required

905.02:        Application

905.03:        Conditions

905.04:        Multiple-Family Dwelling Areas

905.05:        Regulated Pools

905.01: PERMIT REQUIRED:

A building permit shall be required for any swimming pool with a capacity over one thousand (1,000) gallons or with a depth of over three feet (39) of water. The permit fee shall be as listed in the most current Fees Resolution adopted by the City Council.(Ord. 636, 11-9-70) (Ord. 1289, 8-4-2003, eff 1-1-2004)

905.02: APPLICATION:

An application for a building permit shall show:

A.    The type and size of pool.

B.    A site plan indicating the location of the pool; location of house, garage, fencing and other improvements on the lot; location of structures on all adjacent lots; location of filter unit, pump and wiring indicating the type of such units; location of backflush and drainage outlets; grading plan, finished elevations and final treatment (decking, landscaping, etc.) around the pool; location of existing overhead or underground wiring, utility easements, trees and similar features, location of any water heating unit. (Ord. 636, 11-9-70)

905.03: CONDITIONS:

A.    Location in Yard: Pool shall not be located within ten feet (10') of any side or rear lot line nor within six feet (6') of any principal structure (except decks) or frost footing. Pools shall not be located within any required front yard. (Ord. 1289, 8-4-2003, eff 1-1-2004)

B.    Utility Lines: Pools shall not be located beneath overhead utility lines nor over underground utility lines, nor located within any private or public utility, walkway, drainage or other easement.

C.    Inground Pools: In the case of inground pools, necessary precautions shall be taken during construction to:

1. Avoid damage, hazards or inconvenience to nearby or adjacent property.

2. Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property.

D.    Access for Construction: All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property.

E.    Backflush Water: to the extent feasible, backflush water or water from pool drainage shall be directed onto the owner's property or into approved public drainage ways. Water shall not drain onto adjacent or nearby private land.

F.    Mechanical Equipment: The filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located at least fifty feet (50') from any adjacent or nearby residential structure and not closer than ten feet (10') to any lot line.

G.    Light: Light for the pool shall be directed toward the pool and not toward adjacent property.

H.    Safety Fence: A safety fence of non-climbable type at least five feet (5') in height shall completely enclose the pool.  Gates must be self-closing, self-latching, and lockable. (Ord. 1289, 8-4-2003, eff 1-1-2004)

I.     Water: Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Such water shall be subject to periodic inspection by the City. (Ord. 1289, 8-4-2003, eff 1-1-2004)

J.     Wiring: All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspection by City inspectors.

K.   Deviation from Standards: Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures.

L.    Safety Fencing: Required safety fencing shall be completely installed prior to filling a pool. (Ord. 1289, 8-4-2003, eff 1-1-2004)

M.   Nuisances: Nuisances such as undue noise, lighting of adjacent property, health and safety hazards, damage to nearby vegetation and the like shall not be permitted.

N.   Filling of Pool: Filling of pools from fire hydrants or other public facilities or drainage of pools into public streets or other public drainage ways shall require permission of the appropriate City officials. Drainage of a pool shall meet city and health agencies requirements.  (Ord. 1289, 8-4-2003, eff 1-1-2004)

O.   Service Drop Conductors: No swimming pool shall be placed or constructed so as to be under any service drop conductors and any other open overhead wiring, nor within ten feet (10') horizontally from the pool edge, diving structure, observation stands, towers or platforms. No service drop conductors and other open overhead wiring shall be installed over or by any existing swimming pool except in conformance with this subsection. (Ord. 636, 11-9-70)

905.04: MULTIPLE-FAMILY DWELLING AREAS:

Private swimming pools intended for and used by the occupants of a multiple-family dwelling and the guests of the occupants of said dwelling shall adhere to the following regulations:

A.    Lot Lines: No part of the water surface of the swimming pool shall be less than fifty feet (50') from any lot line.

B.    Service Equipment: No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located less than fifty feet (50') from any lot line.

C.    Fencing: The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening, including, but not limited to, landscaping shall be placed between the pool area and adjacent single-family district lot lines.

D.    Deck Areas: All deck areas, adjacent patios and other similar areas used in conjunction with the swimming pool shall be located at least thirty feet (30') from any lot line in an adjacent single-family district. (Ord. 636, 11-9-70)

905.05: REGULATED POOLS:

A.    Definition: All artificial pools, including any structure, basin, chamber or tank containing a body of water for swimming, diving, relaxation, recreational bathing, treatment pools, therapeutic pools, special pools for water therapy, whirlpool baths, spas and cold plunges, except those located on public school property or a single-family residential property, are subject to the provisions of subsections B and C of this Section.

B.    Inspection: The County Health Department is authorized to conduct such inspections as are deemed necessary to ensure compliance with all Minnesota State rules and regulations as they apply to water standards and shall have the right of entry at any reasonable hour to said pools for this purpose.

C.    Water Standards: Those provisions set forth in MHD - 141, Rules and Regulations of the Minnesota Department of Health, relating to public swimming pools, 1971, as amended, are hereby adopted as an ordinance regulating the disinfection and quality of water in, and the cleaning pools in the city as defined in subsection A of this Section, and are hereby incorporated in and made a part of this Chapter as completely as if set out herein in full. (Ord. 946, 3-26-84)


 

 

 CHAPTER 906
BUILDING MAINTENANCE AND PRESERVATION CODE

 

SECTION:

 

906.01:        Adoption

906.02:        Conflicts and Interpretation

906.03:        Administration

906.04:        Definitions

906.05:        General Requirements

906.06:        Light, Ventilation and Occupancy Limitations

906.07:        Plumbing Facilities and Fixture Requirements

906.08:        Mechanical and Electrical Requirements

906.09:        Fire Safety Requirements

906.10:        Referenced Standards

906.01: ADOPTION

There is hereby adopted by reference, the code referred to as the International Property Maintenance Code, 2003 edition, as published by the International Code Council, Inc., (ICC) for the establishment of minimum acceptable standards for the maintenance of existing buildings, structures, premises and facilities to protect health, safety and general welfare. Each and all of the standards, regulations and requirements, save and except such portions as are hereinafter deleted, amended or modified, as set about and specified in the International Property Maintenance Code, 2003 edition, are hereby adopted, referred to, incorporated and made a part hereof as if fully set out at length herein.

Not less than one copy of the said copyrighted International Property Maintenance Code, 2003 edition, shall be on file in the office of the City Manager and open for public inspection at all times.

Not less than one City of Roseville revised and codified version (as authorized by the ICC) of the said copyrighted International Property Maintenance Code, 2003 edition, shall be on file in the office of the City Manager and in the Community Development Department and open for public inspection at all times.

906.02: CONFLICTS AND INTERPRETATIONS

In the event any provision of this article and any provision of the International Property Maintenance Code, 2003 edition, conflicts with or is inconsistent in any manner with any section of the Roseville City Code or other codes adopted by reference therein, or parts thereof, the provisions of this article and the International Property Maintenance Code, 2003 edition, shall supersede and take precedence over such portion or portions in conflict or inconsistent therewith.

906.03: ADMINISTRATION

A.    General

1. Title. These regulations shall be known as the Building Maintenance and Preservation Code of the City of Roseville, Minnesota, hereinafter re­ferred to as “this code.”

2. Scope. The provisions of this code shall apply to all exist­ing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ven­tilation, space, heating, sanitation, protection from the ele­ments, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penal­ties.

3. Intent. This code shall be construed to secure its ex­pressed intent, which is to ensure public health, safety and wel­fare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing struc­tures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, addi­tions to and change of occupancy in existing buildings shall comply with the current edition of the Minnesota State Building Code.

4. Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitu­tional, such decision shall not affect the validity of the remain­ing portions of this code.

B.    Applicability

1. General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 906.03 A. Where, in a specific case, different sec­tions of this code specify different requirements, the most re­strictive shall govern.

2. Maintenance. Equipment, systems, devices and safe­guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occu­pied dwelling, except for such temporary interruption as neces­sary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise speci­fied herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.

3. Application of other codes. Repairs, additions or alter­ations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the current edition of the Minnesota State Building Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the In­ternational Zoning Code.

4. Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the juris­diction or its officers or agencies relating to the removal or de­molition of any structure which is dangerous, unsafe and unsanitary.

5. Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.

 

6. Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.

7. Referenced codes and standards. The codes and stan­dards referenced in this code shall be those that are listed in Chapter 8 and in the current edition of the Minnesota State Building Code, and, considered part of the requirements of this code to the prescribed extent of each such reference. Where differ­ences occur between provisions of the current edition of the Minnesota State Building Code and the referenced standards, the provisions of the current edition of the Minnesota State Building Code shall apply.

8. Requirements not covered by code. Requirements nec­essary for the strength, stability or proper operation of an exist­ing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.

C.    Property Maintenance Inspection

1. General. The Codes Coordinator shall be known as the code official.

2. Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.

3. Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees.

4. Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdic­tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage ac­cruing to persons or property as a result of an act required or permitted in the discharge of official duties.

Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property mainte­nance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provi­sions or by reason of any act or omission in the performance of official duties in connection therewith.

D.    Duties And Powers Of The Code Official

1. General. The code official shall enforce the provisions of this code.

2. Rule-making authority. The code official shall have au­thority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable be­cause of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance re­quirements specifically provided for in this code, or of violat­ing accepted engineering methods involving public safety.

3. Inspections. The code official shall make all of the re­quired inspections, or shall accept reports of inspection by ap­proved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

4. Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei­zures. If entry is refused or not obtained, the code official is au­thorized to pursue recourse as provided by law.

5. Identification. The code official shall carry proper iden­tification when inspecting structures or premises in the perfor­mance of duties under this code.

6. Notices and orders. The code official shall issue all nec­essary notices or orders to ensure compliance with this code.

7. Department records. The code official shall keep offi­cial records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or struc­ture to which such records relate remains in existence, unless otherwise provided for by other regulations.

8. Coordination of inspections. Whenever in the enforce­ment of this code or another code or ordinance, the responsibil­ity of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practica­ble so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or con­flicting orders. Whenever an inspector from any agency or de­partment observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector’s authority to enforce, the inspector shall report the findings to the code official having jurisdiction.

E.    Approval

1. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code of­ficial shall have the authority to grant modifications for individ­ual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and pur­pose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the de­partment files.

2. Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa­tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code offi­cial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the mate­rial, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

3. Required testing. Whenever there is insufficient evi­dence of compliance with the provisions of this code, or evi­dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.

a. Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the ab­sence of recognized and accepted test methods, the code of­ficial shall be permitted to approve appropriate testing procedures performed by an approved agency.

b. Test reports. Reports of tests shall be retained by the code official for the period required for retention of pub­lic records.

4. Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces­sary, placed in good and proper working condition and ap­proved.

F.    Violations

1. Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.

2. Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 906.03.G.

3. Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 906.03.G. shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall insti­tute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or ter­mination of the unlawful occupancy of the structure in viola­tion of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority hav­ing jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

4. Violation penalties. Any person, firm or corporation who shall violate any pro­vision of this code shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as a misdemeanor offense. Each day upon which a violation con­tinues shall be deemed a sepa­rate offense.

5. Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the ju­risdiction from instituting appropriate action to restrain, cor­rect or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con­duct, business or utilization of the building, structure or pre­mises.

G.    Notices And Orders

1. Notice to person responsible. Whenever the code offi­cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 906.03.G.2. and 906.03.G.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 906.03.H.5.

2. Form. Such notice prescribed in Section 906.03.G.1. shall be in accordance with all of the following:

a. Be in writing.

b. Include a description of the real estate sufficient for iden­tification.

c. Include a statement of the violation or violations and why the notice is being issued.

d. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro­visions of this code.

d. Inform the property owner of the right to appeal.

e. Include a statement of the right to file a lien in accor­dance with Section 906.03.F.3.

3. Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

a. Delivered personally;

b. Sent by certified or first-class mail addressed to the last known address; or

c. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

4. Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 906.03.F.4.

5. Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, trans­feree, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur­nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

H.    Unsafe Structures And Equipment

1. General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

2. Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not provid­ing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structur­ally unsafe or of such faulty construction or unstable foun­dation, that partial or complete collapse is possible.

3.Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

a. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment re­quired by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

b. Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or oc­cupied contrary to law.

4. Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

5. Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, no­tice shall be posted in a conspicuous place in or about the struc­ture affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 906.03.G.3. If the notice pertains to equip­ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 906.03.G.2.

6. Placarding. Upon failure of the owner or person respon­sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec­tive equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

a. Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or re­moves a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

7. Prohibited occupancy. Any occupied structure con­demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

I.     Emergency Measures

1. Imminent danger. When, in the opinion of the code offi­cial, there is imminent danger of failure or collapse of a build­ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu­pation of the structure, or when there is actual or potential dan­ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of se­curing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

2. Temporary safeguards. Notwithstanding other provi­sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

3. Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or or­der the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and pro­hibit the same from being utilized.

4. Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

5. Costs of emergency repairs. Costs incurred in the per­formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

6. Hearing. Any person ordered to take emergency mea­sures shall comply with such order forthwith. Any affected per­son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.

J.     Demolition

1. General. The code official shall order the owner of any premises upon which is located any structure, which in the code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise un­fit for human habitation or occupancy, and such that it is unrea­sonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessa­tion of normal construction of any structure for a period of more than two years, to demolish and remove such structure.

2. Notices and orders. All notices and orders shall comply with Section 906.03.G.

3. Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and re­moved, either through an available public agency or by contract or arrangement with private persons, and the cost of such de­molition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

4. Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig­nated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the re­port shall so state.

K.   Means Of Appeal

1. Means of Appeal. Any person shall have the right to appeal to the Roseville City Council or its designee, a decision of the Building Codes Official or a notice or order issued under this code. An application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or the requirements of this code are adequately satisfied by other means.

906.04:  DEFINITIONS:

A.    General

1. Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.

2. Interchangeability. Words stated in the present tense in­clude the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plu­ral and the plural, the singular.

3. Terms defined in other codes. Where terms are not de­fined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, In­ternational Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes.

4. Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

5. Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.”

B.    General Definitions

APPROVED. Approved by the code official.

BASEMENT. That portion of a building which is partly or completely below grade.

BATHROOM. A room containing plumbing fixtures includ­ing a bathtub or shower.

BEDROOM. Any room or space used or intended to be used for sleeping purposes.

CODE OFFICIAL. The official who is charged with the ad­ministration and enforcement of this code, or any duly autho­rized representative.

CONDEMN. To adjudge unfit for occupancy.

DWELLING UNIT. A single unit providing complete, inde­pendent living facilities for one or more persons, including per­manent provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.

EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or opera­tors of such premises.

EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by re­moving or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

GUARD. A building component or a system of building com­ponents located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walk­ing surface to a lower level.

HABITABLE SPACE. Space in a structure for living, sleep­ing, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

IMMINENT DANGER. A condition which could cause seri­ous or life-threatening injury or death at any time.

INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

INOPERABLE MOTOR VEHICLE. A vehicle which can­not be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identify­ing mark of a nationally recognized testing laboratory, inspec­tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufac­turer attests to compliance with applicable nationally recog­nized standards.

LET FOR OCCUPANCY OR LET. To permit, provide or of­fer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a re­corded or unrecorded agreement of contract for the sale of land.

OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.

 

OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.

OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such per­son, and the executor or administrator of the estate of such per­son if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.

PUBLIC WAY. Any street, alley or similar parcel of land es­sentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occu­pied as a one- or two-family dwelling.

ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

RUBBISH. 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, crockery and dust and other similar materials.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove crimi­nal intent as a part of its case. It is enough to prove that the de­fendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

STRUCTURE. That which is built or constructed or a portion thereof.

TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.

VENTILATION. The natural or mechanical process of sup­plying conditioned or unconditioned air to, or removing such air from, any space.

WORKMANLIKE. Executed in a skilled manner; e.g., gener­ally plumb, level, square, in line, undamaged and without mar­ring adjacent work.

YARD. An open space on the same lot with a structure.

906.05: GENERAL REQUIREMENTS:

A.    General

1. Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

2. Responsibility. The owner of the premises shall main­tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require­ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, room­ing unit, housekeeping unit or premises which they occupy and control.

3. Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

B.    Exterior Property Areas

1. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu­pant shall keep that part of the exterior property which such oc­cupant occupies or controls in a clean and sanitary condition.

2. Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.

     Exception: Approved retention areas and reservoirs.

3. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

4. Weeds. All premises and exterior property shall be main­tained free from weeds or plant growth in excess of 8”. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

     Upon failure of the owner or agent having charge of a prop­erty to cut and destroy weeds after service of a notice violation, they shall be subject to prosecution in accordance with Section 906.03.F.3. and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

5. Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by ap­proved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to elimi­nate rodent harborage and prevent reinfestation.

6. Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abut­ting or adjacent public or private property or that of another ten­ant.

7. Accessory structures. All accessory structures, includ­ing detached garages, fences and walls, shall be maintained structurally sound and in good repair.

8. Motor vehicles. Except as provided for in other regula­tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

9. Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.

     It shall be the responsibility of the owner to restore said sur­face to an approved state of maintenance and repair.

C.    Exterior Structure

1. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

2. Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces re­painted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or cor­rosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior sur­faces. Surfaces designed for stabilization by oxidation are ex­empt from this requirement.

3. Premises identification. Buildings shall have ap­proved address numbers placed in a position to be plainly legi­ble and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).

4. Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

5. Foundation walls. All foundation walls shall be main­tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

6. Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

7. Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man­ner that creates a public nuisance.

8. Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

9. Overhang extensions. All overhang extensions includ­ing, but not limited to canopies, marquees, signs, metal awn­ings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

10. Stairways, decks, porches and balconies. Every exte­rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

11. Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed sur­faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

12. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

13. Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

a. Glazing. All glazing materials shall be maintained free from cracks and holes.

b. Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

14. Insect screens. During the period from May 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or uti­lized in food for human consumption are processed, manufac­tured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.

     Exception: Screens shall not be required where other ap­proved means, such as air curtains or insect repellent fans, are employed.

15. Doors. All exterior doors, door assemblies and hard­ware shall be maintained in good condition. Locks at all en­trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 906.09.B.

16. Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur­face drainage water.

17. Guards for basement windows. Every basement win­dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.

18. Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro­vided with devices designed to provide security for the occu­pants and property within.

D.    General Requirements

1. Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting specifica­tions set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than 1-inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer’s specifications and maintained in good work­ing order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit without the use of a key, tool, combination thereof or any other special knowledge or effort.

2. Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices.

3. Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house­keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.

E.    Interior Structure

1. General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

2. Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

3. Interior surfaces. All interior surfaces, including win­dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, de­cayed wood and other defective surface conditions shall be cor­rected.

4. Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be main­tained in sound condition and good repair.

5. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

6. Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head­ers or tracks as intended by the manufacturer of the attachment hardware.

F.    Handrails And Guardrails

1. General. Every exterior and interior flight of stairs hav­ing more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verti­cally above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, bal­cony, porch, deck, or ramp or other walking surface.

Exception: Guards shall not be required where exempted by the adopted building code.

G.    Rubbish And Garbage

1. Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.

2. Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

a. Rubbish storage facilities. The owner of every oc­cupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsi­ble for the removal of rubbish.

b. Refrigerators. Refrigerators and similar equip­ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.

3. Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or ap­proved garbage containers.

a. Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin­erator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.

b. Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until re­moved from the premises for disposal.

H.    Extermination

1. Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or ro­dents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After ex­termination, proper precautions shall be taken to prevent reinfestation.

2. Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

3. Multiple occupancy. The owner of a structure contain­ing two or more dwelling units, a multiple occupancy, a room­ing house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occu­pant to prevent such infestation in the area occupied, the occu­pant shall be responsible for extermination.

906.06  LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS:

A.    General

1. Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.

2. Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli­ance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any pre­mises that do not comply with the requirements of this chapter.

3. Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or me­chanical ventilation complying with the International Building Code shall be permitted.

B.    Light

1. Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the out­doors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.

2. Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with at least a 60­watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be il­luminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.

3. Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

C.    Ventilation

1. Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the win­dow in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 906.06.B.1.

     Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation open­ings to the outdoors shall be based on a total floor area being ventilated.

2. Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habit­able spaces as required by Section 906.06.C.1, except that a window shall not be required in such spaces equipped with a mechani­cal ventilation system. Air exhausted by a mechanical ventila­tion system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.

3. Cooking facilities. Unless approved through the certifi­cate of occupancy, cooking shall not be permitted in any room­ing unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormi­tory unit.

     Exception: Where specifically approved in writing by the code official.

4. Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local ex­haust ventilation system shall be provided to remove the con­taminating agent at the source. Air shall be exhausted to the exterior and not be re-circulated to any space.

5. Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer’s instructions.

D.    Occupancy Limitations

1. Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

2. Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan di­mension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls.

3. Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm).

Exceptions:

1. In one-and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height.

2. Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, gird­ers, ducts and similar obstructions.

3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included.

4. Bedroom requirements. Every bedroom shall comply with the requirements of Sections 906.06.D.4.a. through 906.06.D.4.e.

a. Area for sleeping purposes. Every bedroom occu­pied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m2)of floor area for each occupant thereof.

b. Access from bedrooms. Bedrooms shall not con­stitute the only means of access to other bedrooms or habit­able spaces and shall not serve as the only means of egress from other habitable spaces.

Exception: Units that contain fewer than two bedrooms.

c. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.

d. Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.

e. Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not lim­ited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing fa­cilities and water-heating facilities requirements of Section 906.07.; the heating facilities and electrical receptacle require­ments of Section 906.08.; and the smoke detector and emergency escape requirements of Section 906.09.

5. Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area require­ments of Table 906.06.D.5. or Section 1002.02 of the Roseville City Code, whichever is more restrictive.

TABLE 906.06.D.5. MINIMUM AREA REQUIREMENTS SPACE

MINIMUM AREA IN SQUARE FEET

1-2 occupants

3-5 occupants

6 or more occupants

Living rooma,b

No requirements

120

150

Dining roomab

No requirements

80

100

Bedrooms

Shall comply with Section 906.06.D.4.

For SI: 1 square foot = 0.093 m2.

�.a. See Section 906.06.5.b. for combined living room/dining room spaces.

�.b. See Section 906.06.5.a..for limitations on determining the minimum occupancy area for sleeping purposes.

a. Sleeping area. The minimum occupancy area re­quired by Table 906.06.D.5. shall not be included as a sleeping area in determining the minimum occupancy area for sleep­ing purposes. All sleeping areas shall comply with Section 906.06.D.4.

b. Combined spaces. Combined living room and din­ing room spaces shall comply with the requirements of Ta­ble 906.06.D.5. if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

6. Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

a. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.

b. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

c. The unit shall be provided with a separate bathroom con­taining a water closet, lavatory and bathtub or shower.

d. The maximum number of occupants shall be three.

7.  Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equip­ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary

disposal of food wastes and refuse, including facilities for tem­porary storage.

 

906.07:  PLUMBING FACILITIES AND FIXTURE REQUIREMENTS:

A.    General

1. Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.

2. Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the require­ments of this chapter.

B.    Required Facilities

1. Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.

2. Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

3. Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be pro­vided for each ten occupants.

4. Employees’ facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to em­ployees.

a. Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or dis­posable cups next to a sink or water dispenser. Drinking fa­cilities shall not be located in toilet rooms or bathrooms.

C.    Toilet Rooms

1. Privacy. Toilet rooms and bathrooms shall provide pri­vacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking de­vice shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.

2. Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.

3. Location of employee toilet facilities. Toilet facilities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.

Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the em­ployees’ regular working area to the facilities.

4. Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.

D.    Plumbing Systems And Fixtures

1. General. All plumbing fixtures shall be properly in­stalled and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of per­forming the function for which such plumbing fixtures are de­signed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

2. Fixture clearances. Plumbing fixtures shall have ade­quate clearances for usage and cleaning.

3. Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occu­pants or the structure by reason of inadequate service, inade­quate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to elimi­nate the hazard.

E.    Water System

1. General. Every sink, lavatory, bathtub or shower, drink­ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an ap­proved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.

2. Contamination. The water supply shall be main­tained free from contamination, and all water inlets for plumb­ing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vac­uum breaker or an approved permanently attached hose con­nection vacuum breaker.

3. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pres­sures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

4. Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus­tion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

F.    Sanitary Drainage System

1. General. All plumbing fixtures shall be properly con­nected to either a public sewer system or to an approved private sewage disposal system.

2. Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from ob­structions, leaks and defects.

G.    Storm Drainage

1. General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be dis­charged in a manner that creates a public nuisance.

906.08: MECHANICAL AND ELECTRICAL REQUIREMENTS:

A.    General

1. Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.

2. Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip­ment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.

B.    Heating Facilities

1. Facilities required. Heating facilities shall be provided in structures as required by this section.

2. Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera­ture of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.

     Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.

3. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or im­plied, to furnish heat to the occupants thereof shall supply heat during the period from September 30th to April 1st to maintain a tempera­ture of not less than 68°F (20°C) in all habitable rooms, bath­rooms, and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte­nance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.

4. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 30th to April 30th to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.

 Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vig­orous physical activities.

5. Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.

C.    Mechanical Equipment

1. Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.

2. Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

     Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.

3. Clearances. All required clearances to combustible ma­terials shall be maintained.

4. Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.

5. Combustion air. A supply of air for complete combus­tion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.

6. Energy conservation devices. Devices intended to re­duce fuel consumption by attachment to a fuel-burning appli­ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.

D.    Electrical Facilities

1. Facilities required. Every occupied building shall be provided with an electrical system in compliance with the re­quirements of this section and Section 906.08.E.

2. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional fa­cilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 am­peres.

3. Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu­pants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be cor­rected to eliminate the hazard.

E.     Electrical Equipment

1. Installation. All electrical equipment, wiring and appli­ances shall be properly installed and maintained in a safe and approved manner.

2. Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Ev­ery laundry area shall contain at least one grounded-type recep­tacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit inter­rupter protection.

3. Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.

F.    Elevators, Escalators And Dumbwaiters

1. General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate prop­erly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator.

2. Elevators. In buildings equipped with passenger eleva­tors, at least one elevator shall be maintained in operation at all times when the building is occupied.

Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

G.    Duct Systems

1. General. Duct systems shall be maintained free of ob­structions and shall be capable of performing the required func­tion.

906.09: FIRE SAFETY REQUIREMENTS:

A.    General

1. Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

2. Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com­pliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any pre­mises that do not comply with the requirements of this chapter.

B.    Means Of Egress

1. General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Inter­national Fire Code.

2. Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed.

3. Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.

4. Emergency escape openings. Required emergency es­cape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Re­quired emergency escape and rescue openings shall be opera­tional from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.

C.    Fire-Resistance Ratings

1. Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.

2. Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or ob­structed or otherwise made inoperable.

D.    Fire Protection Systems

1. General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combi­nation thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code.

2. Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in rental properties within all residential occupancies regardless of occupant load at all of the following locations:

a. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

b. In each room used for sleeping purposes.

c. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabit­able attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

Single or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code.

3. Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station smoke alarms shall receive their primary power from the building wir­ing provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.

Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alter­ations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.

4. Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all interven­ing doors closed.

Exceptions:

1. Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind.

2. Smoke alarms in existing areas are not required to be in­terconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or base­ment available which could provide access for intercon­nection without the removal of interior finishes.

906.10: REFERENCED STANDARDS:

This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the pro­mulgating agency of the standard, the standard identification, and, the effective date and title. The application of the referenced standards shall be as specified in Section 906.03.B.7.

 

(Ord. 1332, 1-30-2006)

 

International Code Council

ICC

5203 Leesburg Pike, Suite 600 Falls Church, VA 22041

Standard

 

reference

 

number

Title

 

ICC EC—03

ICC Electrical Code™ — Administrative Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

IBC—03

International Building Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

IEBC—03

International Existing Building Code™ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

IFC—03

International Fire Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 

IMC—03

International Mechanical Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 

IPC—03

International Plumbing Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IZC—03

International Zoning Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

 

Excerpts reprinted from the International Property Maintenance Code with permission from the International Code Council.

 

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TITLE 10
ZONING


CHAPTER 1001
GENERAL PROVISIONS

 

SECTION:

 

1001:01:       Purpose

1001:02:       Scope

1001.01: PURPOSE:

A.    The provisions of this Zoning Title shall be minimum requirements adopted to protect the public health, safety, morals, comfort and general welfare of the people. It shall divide the City into use districts for restricting and regulating the locations, erection, construction, reconstruction, alteration and use of buildings, structures and land and for regulating the population densities throughout the City.

B.    Said restrictions and regulations are for the purpose of protecting the character and stability of the residential, business and manufacturing areas and to promote the orderly development of such areas; to provide adequate light, air and convenience of access to property; to provide regulations which will limit congestion in the public right of ways; to prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them; to provide compatibility between different land uses; to provide for administration of said Code; to provide for amendments; to prescribe penalties for the violation of said restrictions and regulations. (Ord. 275, 5-12-59)

1001.02: SCOPE:

Except as provided in this Title, no building, structure or land shall be occupied or used which is not in conformity with the regulations and terms of this Title. (Ord. 275, 5-12-59)


 

CHAPTER 1002
RULES AND DEFINITIONS

 

SECTION:

 

1002.01:       Rules

1002.02:       Definitions

1002.01: RULES:

The language set forth in this title shall be interpreted in accordance with the following rules of construction:

A.    Whenever a word or term defined in section 1002.02 of this chapter appears in the text, its meaning shall be construed as set forth in the definition in section 1002.02 of this chapter. Other words or terms shall be construed as having their common meaning.

B.    All measured distances expressed in feet shall be to the nearest tenth of a foot. (Ord. 275, 5-12-1959)

1002.02: DEFINITIONS:

As used in this title, the following words and terms shall have the meanings ascribed to them in this section:

ACCESSORY USE OR STRUCTURE: A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the principal building or use. (Ord. 1286, 08-04-2003)

ADVERTISING SIGN: See chapter 1009 of this title.

AIRPORT OR HELIPORT: Any premises which is used, or intended for use, for the landing and takeoff of aircraft and any appurtenant areas which are used or intended for use for port buildings or other port structures or rights of way.

ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.

ANTENNA: Equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of, or outside of, any building or structure. For purposes of this section, antenna does not include "satellite dish antenna".

ANTENNA-SATELLITE DISH: A parabolic shaped television or radio signal receiver (including all supporting apparatus) which is located on the ground or exterior of or outside of any building or structure. Said antenna is considered an accessory use to the principal building or structure.

ANTENNA STRUCTURE-COMMERCIAL: Any pole, spire or structure, or any combination, to which an antenna is or could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires, and braces erected for the commercial use of, or vendor of, information.

ANTENNA STRUCTURE-PRIVATE: Any pole, spire or structure, or any combination, to which an antenna is or could be attached or which is designed for an antenna to be attached and all supporting lines, cables, wires and braces erected for the noncommercial and non-vendor use of information. (Ord. 1166, 5-28-1996)

APARTMENT HOTEL: A hotel which contains dwelling units or dwelling units and lodging rooms, and in which at least fifty percent (50%) of the gross floor area devoted to residential use shall be allocated to such dwelling units. Services ordinarily furnished by hotels, such as a drugstore, tearoom, barbershop, newsstand, when such are located entirely within the building with no separate entrances from the street and having no sign or display visible from the outside of the building indicating existence of such use, may be furnished.

AUTO REDUCTION YARD: An open lot or yard where three (3) or more unlicensed motor vehicles, or the remains of unlicensed motor vehicles, are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment, except the storage of operative vehicles in conjunction with an established used auto and/or truck business or any other premises used for wrecking or storing of motor vehicles not in running condition.

AUTO REPAIR; MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding, and painting. (Ord. 1286, 08-04-2003)

AUTO REPAIR; MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or plan, engine transmission or differential; incidental body or fender work, minor painting or upholstering service to passenger vehicles and trucks not exceeding three-quarter (3/4) ton capacity.  (Ord. 1286, 08-04-2003)

BASEMENT: Any area of a structure, including crawl spaces, having its floor below the first story, regardless of the depth of excavation below ground level.  (Ord. 1286, 08-04-2003)

BINGO HALL: A principal or accessory use of a structure or property to operate a bingo hall licensed under chapter 304 of this code and Minnesota statutes section 349.164. (Ord. 1244, 12-18-2000)

BUILDING: Any structure for the shelter or enclosure of persons, animals or property of any kind.  (Ord. 1286, 08-04-2003)

BUILDING HEIGHT: Building height is to be measured from the average established curb level or from the average ground level at the building line, whichever is higher, to the top of the cornice of a flat roof, to the flat roof portion of a mansard roof and to the mean height between eaves and ridge for a pitched or hipped roof.  (Ord. 1286, 08-04-2003)

BULK OR MASS: Signifies the size in area and volume of buildings in terms of floor area and floor area ratio, the location of building walls in relation to lot lines and to exterior walls of other buildings.  (Ord. 1286, 08-04-2003)

CITY TOWER SITE: A location(s) in the city on which is or may be located one or more antennas available for connection and use by any person, firm or corporation in accordance with the provisions of chapter 1012 of this title and upon execution of a lease with the city. (Ord. 1166, 5-28-1996)

DAY CARE FACILITY: A facility that provides non-medical care for children or adults in need of personal services supervision or assistance essential; for sustaining activities of daily living or for the protection of the individual on less than a 24-hour basis. The facility must meet all state standards for registration and inspections. (Ord. 1286, 08-04-2003)

DAY CARE FACILITY, IN-HOME: A single family home in which a permanent occupant of the dwelling provides for the care of children or adults. Those receiving care are not related to the occupant or to each other and are not the legal wards or foster children of the attendant adult. For the purposes of this Code, such activities shall meet all requirements of home occupations. The home must meet all standards for registration and inspection and not exceed state limits for number of clients. (Ord. 1286, 08-04-2003)

DOG KENNEL: Any premises where three (3) or more dogs over three (3) months of age are kept, except where a special multiple dog license (3 or 4 dogs) is issued pursuant to section 501.20 of this code. (Ord. 1034, 4-25-1988; amd. 1995 Code)

DRY-CLEANING SERVICE FACILITY: A facility for dry cleaning clothing which:

A. Uses only the nonflammable dry-cleaning solvent perchloroethylene (PERC) or similar nonflammable solvents approved for use in dry-cleaning plants by the federal environmental protection agency;

B. Accomplishes all transfers of clothing from the cleaning machines to the dryers by the dry-to-dry method, removing the majority of cleaning solvent before moving clothes to dryers to minimize in-plant cleaning solvent exposure;

C. Deodorizes the dryer exhaust by passing the exhaust over a refrigerated coil or through a carbon absorption unit before the exhaust is discharged into the outside air. The exhaust so discharged containing no more than one hundred (100) parts per million (1,000,000) of the dry cleaning solvents;

D. Recycles all solvent removed from dryer exhaust;

E.  Provides fresh make-up air of at least five hundred (500) cubic feet per minute to each dry cleaning machine; and

F.  Disposes of all dry cleaning process byproducts in conformity with Federal Environmental Protection Agency requirements. (Ord. 1023, 11-23-87), (Ord. 1286, 08-04-2003)

DWELLING: A building, or portion thereof, occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, rooming houses or tourist homes; or a trailer, tent, cabin or trailer coach.

DWELLING, ATTACHED: A dwelling which is joined to other dwellings at one or both sides by a common wall or walls.  (Ord. 1286, 08-04-2003)

DWELLING CAPACITY:  The maximum occupancy of a dwelling unit based on the allowed number of residents living in a dwelling unit. (Ord. 1286, 08-04-2003)

DWELLING, DETACHED: A residential building which is entirely surrounded by open space on the same lot.

DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A residential building or portion thereof containing one dwelling unit. (Ord. 1286, 08-04-2003)

DWELLING, TWO-FAMILY: A residential building containing two (2) dwelling units. (Ord. 275, 5-12-59; amd. 1995 Code)

DWELLING UNIT: Residential accommodations, with separate lockable exterior and interior entrances, including complete bathroom and kitchen facilities permanently installed, which are arranged, designed, used or intended as living quarters.  Where a private garage is structurally attached, it shall be considered as a part of the building in which the dwelling unit is located. (Ord. 1286, 08-04-2003)

ELECTRONIC EQUIPMENT, MEDICAL INSTRUMENTATION DEVICES: Electronic equipment and medical instrumentation devices shall mean both computer hardware and software, word processing equipment, calculators, biomedical, biotechnical,  medical supplies, prosthetic devices and similar products. (Ord. 895, 1-11-82), (Ord. 1286, 08-04-2003)

FAMILY: Family shall mean one of the following:

  1. Any group of people living together as a single housekeeping unit, all of whom are related by blood, marriage, or adoption plus children who are under foster care.
  2. Up to four people not so related, living together as a single housekeeping unit.
  3. Any group of people living together as a single housekeeping unit, if no more than two adult members function as the heads of the household group and the remaining members are dependent upon them for care and direction due to age, physical disability, a mental incompetency or for other reasons.
  4. Any individual, who is the owner, living and maintaining a common household and using a common cooking and kitchen facility.

(Ord. 1286, 08-04-2003)

FLOOR AREA: (For the purpose of determining off-street parking and off-street loading requirements.) The sum of the gross horizontal floor area of the various floors of a building measured in square feet and from inside walls; excluding area devoted primarily to storage, aisles, lunch rooms, and fitting rooms.   However, floor area shall not include restrooms and hallways. (Ord. 1286, 08-04-2003)

 

FLOOR AREA, GROSS: (For the purpose of determining the floor area ratio conversions of existing structures and maximum size of business establishments.) The sum of the gross horizontal area of the various floors of a building measured in square feet from exterior wall to exterior wall. Unoccupied basements and space devoted to off-street parking shall not be included. (Ord. 1286, 08-04-2003)

FLOOR AREA RATIO: The numerical value obtained through dividing the gross floor area of a building or buildings, excluding accessory structures, by the net lot or parcel of land area on which such building or buildings are located. (Ord. 275, 5-12-59) (Ord. 1286, 08-04-2003)

FUEL STATION: A place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. (Ord. 1286, 08-04-2003)

FUNERAL CHAPEL: A facility where funeral arrangements are made and memorial and/or funeral services for the dead are held. This use does not include embalming or other preparation of dead bodies for final disposition. (Ord. 1286, 08-04-2003)

GARAGE, PRIVATE: A detached accessory building or portion of the principal building, including a carport, which is used for storing passenger vehicles, trailer of the occupant, or  trucks of a rated capacity not in excess of three quarters (3/4) ton. (Ord. 1286, 08-04-2003)

GARAGE, PUBLIC: Any building where automotive vehicles are painted, repaired, rebuilt or stored for compensation.  (Ord. 1286, 08-04-2003)

GARAGE SALE: A sale of used household and personal items conducted on residential premises, where the property sold consists of items owned by the occupant of the premises at which the sale takes place, or by friends of such occupant and where the sale is conducted by such occupant or friends, and not by an agent or any other person to whom a commission, fee or salary is paid. Items for sale shall not have been purchased for resale or received on consignment for the purpose of resale. Except during the sales day and one day before and after for setup, items for sale shall be stored within the garage, screened from view with opaque fencing or screening or stored in the residence. No permit is required for a sale which meets the criteria of this Section. A property owner may apply for a garage sale promotion permit in which the applicant requests the City Council to vary or approve additional conditions beyond those stated in this Code. (Ord. 1287, 08-04-2003)

GROSS SURFACE AREA: See Chapter 1009.

GROUND FLOOR AREA: The lot area covered by an occupied portion of  a building measured from the exterior faces of exterior walls, but excluding open terraces and garages.  (Ord. 1286, 08-04-2003)

HOME OCCUPATION: Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises. (Ord. 1286, 08-04-2003)

HOTEL: Any building or portion thereof occupied as the temporary abiding place of individuals and containing three (3) or more guest rooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by three (3) or more individuals for compensation, whether the compensation be paid directly or indirectly. (Ord. 1286, 08-04-2003)

JUNK YARD: An area where waste, discarded or salvaged materials are bought, sold, exchanged, stored, boiled, cleaned, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a manufacturing process or recycling collection and distribution center when within an enclosed area or building shall not be included. (Ord. 1286, 08-04-2003)

LAWN AND GARDEN CENTER:  A retail establishment  where the primary sales are limited to lawn, garden and indoor horticultural products and garden tools, equipment and supplies reasonably related to the care, construction and maintenance of lawns and gardens. (Ord. 1286, 08-04-2003)

LOADING SPACE: A space accessible from a street, alley or way in a building or on a lot for the use of trucks while loading and unloading merchandise or materials.

LODGING ROOM: A commercial residence or hotel room rented as sleeping and living quarters.  In a suite of rooms  each room which provides sleeping accommodations shall be counted as one lodging room.

LOT: A parcel of land, abutting on a public street, being a lot designated in a recorded plat or a parcel occupied by a principal building on or before  May 21, 1959, or being a parcel of record of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide the yards required by this Code. (Ord. 1286, 08-04-2003)

LOT AREA: The area of a horizontal plane within the lot lines.

LOT CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed one hundred thirty five degrees (135o).

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINE: A property boundary line of any lot held in single ownership, except that where any portion of a lot extends into the abutting public street or alley, the lot line shall be deemed to be the street or alley right of way line adjacent to the lot. (Ord. 1286, 08-04-2003)

LOT LINE, FRONT: That boundary of a lot which abuts a street, and in the case of a corner lot, it shall be the shortest dimension on a public street. Should the dimensions be equal, the owner shall designate the front for the record.

LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line for setback purposes shall be deemed to be a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front line. (Ord. 1286, 08-04-2003)

LOT LINE, SIDE: Any boundary of a lot which is not a front or a rear lot line.

LOT, THROUGH: A lot which has a pair of opposite lot lines along two (2) substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. (Ord. 1286, 08-04-2003)

LOT WIDTH: The mean horizontal distance between the side lot lines of a lot measured within the lot boundaries at the required front yard setback. (Ord. 275, 5-12-59; amd. 1995 Code)

LOW IMPACT PUBLIC OR QUASI-PUBLIC USE: Activities which are sponsored by a public or quasi-public organization which have minor impact in terms of traffic generation, hours of operation, activities conducted or light and noise generated on the surrounding properties. Low impact public or quasi-public uses include activities employing no more then ten (10) employees on site for any one activity, requiring not more than fifteen (15) parking spaces for any one activity exclusive of public assembly and not involving retailing, wholesaling or warehousing of materials other than normal office supplies. For the purposes of this Title, a public use is any area, building or structure held, used or controlled exclusively for public purposes by any department or branch of any government. A quasi-public use is any use which is essentially public as in its services rendered although under private control or ownership. (Ord. 874, 1-2-81)

MAIL ORDER SALES AND LIMITED PRODUCTION: Receiving of mail orders from consumers, processing of such orders including the manufacture, assembly, storage and shipping of such products from the site direct to consumers only. (Ord. 1286, 08-04-2003)

MANUFACTURED HOME:  A type of structure that is transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 24 body feet or more in length, or, when erected on site, is 320 or more square feet. (The measure is exclusive of travel hitches and other carrying devices.)  This structure is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of  HUD (1976) and complies with the standards established under this chapter. (Ord. 1286, 08-04-2003)

MINI-STORAGE (SELF-STORAGE) FACILITIES: A building or group of buildings having the following characteristics: control access and secured areas which contain varying sizes of individually compartmentalized and controlled access stalls or lockers for the dead storage of the customer's goods or possessions. Access to all storage units shall be oriented into interior courtyards fully enclosed by buildings or walls, except for ingress and egress openings. Exterior finish shall be face brick or equal. (Ord. 1036, 5-9-88) (Ord. 1286, 08-04-2003)

MODERATE IMPACT PUBLIC OR QUASI-PUBLIC USE: Activities which are sponsored by a public or quasi-public organization which, due to its area requirements, traffic generation, parking requirements, hours of operation, number of employees or light and noise generated, have a moderate impact on surrounding properties. Moderate impact public or quasi-public uses include activities with more than ten (10) employees on site for any one activity, requiring more than fifteen (15) parking spaces for any one activity, exclusive of those parking spaces required for public assembly and not involving retailing, wholesaling or warehousing of materials other than normal office supplies. For the purposes of this Title a public use is a use of any area, building or structure held, used or controlled exclusively for public purposes by any department or branch of any government. A quasi-public use is any use which is essentially public as in its services rendered, although it is under private control or ownership. (Ord. 874, 1-12-81)

MORTUARY: A facility where funeral arrangements are made and/or funeral services for the dead are held and where dead bodies are embalmed or otherwise prepared for final disposition. (Ord. 863, 5-12-80)

MOTEL: A building or group of buildings used primarily for the temporary residence of motorists or travelers. (Ord. 1286, 08-04-2003)

MOTOR FREIGHT TERMINAL (TRUCK TERMINAL): A building in which freight brought by motor truck is assembled and sorted for routing in intrastate and interstate shipment. (Ord. 275, 5-12-59)

MOTOR VEHICLE: Any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle.

MOTOR VEHICLE DEALER: Any person licensed by the state and engaged in the business of selling, purchasing and generally dealing in new and used motor vehicles having an established place of business for the sale, trade and display of new and used motor vehicles and having in such motor vehicle dealer's possession new and used vehicles for the purposes of sale or trade. (Ord. 854, 9-10-79) (Ord. 1286, 08-04-2003)

NON-CONFORMING PRE-EXISTING STRUCTURE or USE: Any building or structure which was legally existing on May 21, 1959, which would not conform to the applicable conditions if the building or structure were to be erected under this Code. Such a structure or use may be continued but may not be extended, expanded, intensified, or changed unless to a conforming use. (Ord. 275, 5-12-59) (Ord. 1286, 08-04-2003)

NON-CONFORMING ILLEGAL STRUCTURE, USE, OR LOT:  A lot, building, structure, premises, or use illegally established when it was initiated, created, or constructed, which did not conform with the applicable conditions or provisions of the City Code for the district in which the structure or use is located. (Ord. 1286, 08-04-2003)

NON-MOTORIZED PATHWAYS: On-road and off-road pathways which are used for pedestrian, bicycle and other non-motorized means of transportation, the specifications of which shall be established by the Public Works Director. (Ord. 925, 5-9-83)

NOXIOUS MATTER: Material which is capable of causing injury or malaise to living organisms or is capable of causing detrimental effect upon the health or the psychological, social or economic well-being of human beings. (Ord. 275, 5-12-59)

NURSERY SCHOOLS: A public or private facility, licensed by the state, the principal function of which is to provide an educational experience outside of the family home for children of preschool age. (Ord. 1286, 08-04-2003)

NURSING HOME:  A state licensed establishment having accommodations for the continuous care of two (2) or more invalid, infirm, aged convalescent patients or disabled persons that are not related. (Ord. 1286, 08-04-2003)

OFFICE SHOWROOM:  A facility in which up to 50% of the total floor area is utilized for the conduct of a business that involves the display and sale of goods or merchandise on the premises. (Ord. 1286, 08-04-2003)

OFFICE WAREHOUSE:  A facility in which up to 50% of the total floor area is utilized for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises. (Ord. 1286, 08-04-2003)

PARKING SPACE: A nonpermeable surface located in a permanently maintained area, either within or outside of a building, of sufficient size to store one automobile.  (Ord. 878, 3-23-81; amd. 1995 Code) (Ord. 1286, 08-04-2003)

PARKING STRUCTURE: A non-occupiable accessory structure used to park vehicles in multiple stories and which is not considered a part of the building coverage of the site. (Ord. 1286, 08-04-2003)

PLANNED UNIT DEVELOPMENT (PUD): See Chapter 1008.

PRINCIPAL STRUCTURE:  The main structure for that use to which the premises are devoted and principal purposes for which the premises exist. (Ord. 1286, 08-04-2003)

RECREATIONAL VEHICLE: Any properly and currently licensed vehicular, portable structure which is (a) built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses; (b) any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation; (c) any portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle; and (d) any folding structure, mounted on wheels and designed for travel, recreation and vacation use. (Ord. 1286, 08-04-2003)

RESIDENTIAL BOUTIQUE SALE:  The sale of handcrafted items conducted on residential premises, where the items sold are made by the occupant of the premises at which the sale takes place, or by friends of such occupant, and where the sale is conducted by said occupant or friends of such occupant and not by an agent or any other person to whom a commission, fee or salary is paid.  Items for sale shall be made in the home and not purchased for resale from any retail or wholesale business source nor received on consignment for the purpose of resale. (Ord. 1146, 8-22-1994) (Ord. 1287, 8-4-2003)

Restaurant, Class I – Traditional: An establishment where customers are served their food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within a building and which does not serve liquor.  Traditional restaurants may also be a café, cafeteria or buffet, coffee shop, and/or deli.  Drive-through facilities are not allowed. (Ord. 1286, 08-04-2003)

Restaurant, Class II – Fast Food Convenience: An establishment where customers are served their food from a counter or in a motor vehicle, in disposable packages prepared to leave the premises or to be taken to a table or booth for consumption on the premises.  Fast Food Convenience can be a café, coffee shop, and/or deli.  Fast Food Convenience can include drive-through facilities. (Ord. 1286, 08-04-2003)

Restaurant, Class III – Traditional wITH/Intoxicating/Non-Intoxicating (3.2 beer, wine and/or strong beer): An establishment where customers are served their food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within a building and which has a license to serve only beer and wine. 

Restaurant, Class IV – Traditional with/On-Sale Liquor Service (full service bar): An establishment where customers are served their food in or on non-disposable dishes within a building that is licensed to serve on-sale liquor which are consumed on the premises.  This type of restaurant may offer as an accessory use take-out and/or deli facilities, live entertainment or dancing.  (Ord. 1286, 08-04-2003)

Restaurant, Class V – Drive-In: An establishment that serves food in or on either disposable or non-disposable dishes where customers primarily order and consume food within their vehicles. (Ord. 1286, 08-04-2003)

Restaurant, Class VI - Take Out and Delivery: An establishment which by design of physical facilities, services, or packaging procedures, permits or encourages the purchase of prepared ready-to-eat foods to be either picked-up or delivered for off premises consumption.  (Ord. 1286, 08-04-2003)

SETBACK: The minimum horizontal distance between a structure and lot line, ordinary high-water mark, pond, or other structure, or right-of-way easement.  Distances are to be measured from the most outwardly extended portion of the structure wall at ground level, except as provided hereinafter. (Ord. 1286, 08-04-2003)

SHOPPING CENTERS: A group of four (4) or more contiguous units combined in a single, architecturally unified building, containing at least forty thousand (40,000) square feet of commercial gross area, located on a single site, along with on-site parking which is provided in direct relationship to the types and sizes of the stores contained within the building. (Ord. 958, 7-23-84), (Ord. 1286, 08-04-2003)

STAND, ROADSIDE: A temporary structure for the display and sale of products with no space for customers within the structure itself. (Ord. 275, 5-12-59) (Ord. 1286, 08-04-2003)

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under floor space is more than six feet (6') above grade, as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade as defined herein at any point, such basement or unused under floor space shall be considered as a story. (Ord. 1286, 08-04-2003)

STORY, FIRST: The first story is the lowest story in a building which qualifies as a "story" as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter or more than eight feet (8') below grade at any point. (Ord. 275, 5-12-59; amd. 1990 Code) (Ord. 1286, 08-04-2003)  

STREET: A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property. (Ord. 1286, 08-04-2003)

STRUCTURAL ALTERATION: Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or exterior walls.

STRUCTURE: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. (Ord. 1286, 08-04-2003)

TWENTY FOUR HOUR USES: Any commercial use that is regularly open for business or involves other significant, outdoor activity during any hour between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Ord. 1234, 12-15-1999, eff. 1-1-2000)

USE, INTERIM: A temporary use of property until a particular date or until the occurrence of a particular event as determined by the city council. (Ord. 1086, 1-14-1991)

VETERINARY CLINIC: A veterinary care facility for small animal diagnostic and surgical procedures, owned and managed by an on-site state of Minnesota licensed veterinarian. A veterinary clinic shall not mean kennels for normal lodging or training of animals. (Ord. 1178, 4-14-1997)

YARD: A required open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this code. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. (Ord. 1286, 08-04-2003)

YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines and from the abutting front street right-of-way line to the front building line in depth. On a corner lot, the side facing a street, which has a street address, is a front yard. (Ord. 1286, 08-04-2003)

YARD, REAR: A yard extending across the full width of the lot lying between the rear lot line of the lot and the nearest line of the principal building. (Ord. 1286, 08-04-2003)

YARD, SIDE: A yard extending along a side lot between the front and rear yards. (Ord. 275, 5-12-1959)

 

 


 

CHAPTER 1003
ZONING DISTRICTS AND MAPS

 

SECTION:

 

1003.01:       Districts Established

1003.02:       Official Map; Designations

1003.03:       Boundaries

1003.04:       Map a Part of Code

1003.05:       Maintenance of Map; Amendments

1003.06:       Prohibited Uses in all Zoning Districts

1003.01: DISTRICTS ESTABLISHED:

For the purpose of this zoning code, the city is hereby organized into the following districts:

A.    Residence Districts:

R-1           Single-family residence districts

R-2           Two-family residence districts

R-3           General residence district

R-3A        Multi-family residence district; three to twenty four units

R-4           Three- and four-family residence district

R-5           Three- to eight-family residence district

R-6           Townhouse district

R-7           Apartment park districts

R-8           Mobile home districts

POS         Park & Open Space district (Ord.1287, 8-4-2003, Codified 6-30-2005)

B.    Business Districts:

B-1           Limited business district

B-1B        Limited retail districts

B-2           Retail business districts

B-3           General business districts

B-4           Retail office service district

B-6           Mixed use business park districts

S-C          Shopping center district

C.    Industrial Districts:

I-1            Light industrial districts

I-2            General industrial districts

I-2A         Modified general industrial districts

D.    Planned Unit Development Districts:

PUD         Planned unit development district

(Ord. 500, 8-8-1966; amd. Ord. 572, 4-29-1968; Ord. 756, 6-23-1975; Ord. 895, 1-11-1982; 1995 Code; Ord. 1276, 12-16-2002)

1003.02: OFFICIAL MAP; DESIGNATIONS:

The location and boundaries of the districts established by this code are set forth on the zoning map, consisting of fifteen (15) sections entitled the official zoning map of the city dated May 12, 1959, which is hereby adopted as the official zoning map of the city, and is incorporated herein and made a part of this code. (Ord. 275, 5-12-1959)

A.    Single-Family Residence District: All the lands and areas in the city on said zoning map are zoned R-1, single-family residence district, unless otherwise designated. (Ord. 275, 5-12-1959; amd. 1995 Code)

B.    Two-Family Residence District: All lands and areas in the city designated on said zoning map as R-2 are hereby zoned R-2, two-family residence district.

C.    General Residence District: All lands and areas in the city designated on said zoning map as R-3 are hereby zoned R-3, general residence district. (Ord. 275, 5-12-1959)

D.    Three- to Twenty Four-Family Residence District: All lands and areas in the city designated on said zoning map as R-3A are hereby zoned R-3A, three- to twenty four-family residence district.

E.    Three- and Four-Family Residence District: All lands and areas in the city designated on said zoning map as R-4 are hereby zoned R-4, three- to four-family residence district.

F.    Three- to Eight-Family Residence District: All lands and areas in the city designated on said zoning map as R-5 are hereby zoned R-5, three- to eight-family residence district.

G.    Townhouse District: All lands and areas in the city designated on said zoning map as R-6 are hereby zoned R-6, townhouse district.

H.    Apartment Park District: All lands and areas in the city designated on said zoning map as R-7 are hereby zoned R-7, apartment park district. (Ord. 500, 8-8-1966)

I.     Mobile Home District: All lands and areas in the city designated on said zoning map as R-8 are hereby zoned R-8, mobile home district. (Ord. 756, 6-23-1975)

J.     Limited Business District: All lands and areas in the city designated on said zoning map as B-1, are hereby zoned B-1, limited business district. (Ord. 275, 5-12-1959)

K.   Limited Retail: All lands and areas in the city designated on said zoning map as B-1B are hereby zoned B-1B, limited retail district. (Ord. 572, 4-29-1968)

L.    Retail Business District: All lands and areas in the city designated on said zoning map as B-2, are hereby zoned B-2, retail business district.

M.   General Business District: All lands and areas in the city designated on said zoning map as B-3 are hereby zoned B-3, general business district. (Ord. 275, 5-12-1959)

N.   Retail Office Service District: All lands and areas in the city designated on said zoning map as B-4 are hereby zoned B-4, retail office service district. (Ord. 895, 1-11-1982)

O.   Shopping Center District: All lands and areas in the city designated on said zoning map as S-C are hereby zoned S-C, shopping center district.

P.    Light Industrial District: All lands and areas in the city designated on said zoning map as I-1 are hereby zoned I-1, light industrial district.

Q.   General Industrial District: All lands and areas in the city designated on said zoning map as I-2 are hereby zoned I-2, general industrial district. (Ord. 275, 5-12-1959)

R.   Park and Open Space District. (Ord.1287, 8-4-2003, Codified 6-30-2005)

1003.03: BOUNDARIES:

District boundary lines on said zoning map are intended to follow lot lines, the center lines of streets and alleys, the center lines of streets or alleys projected, railroad right-of-way lines, the center of watercourses or the corporate limits lines, all as they existed on May 21, 1959. (Ord. 275, 5-12-1959)

1003.04: MAP A PART OF CODE:

The zoning map, together with everything shown on such map and all amendments, shall be as much a part of this code as though fully set forth and described herein. (Ord. 275, 5-12-1959)

1003.05: MAINTENANCE OF MAP; AMENDMENTS:

It shall be the responsibility of the city manager to maintain the zoning map. Amendments shall be recorded on such zoning map within a reasonable time after official publication of amendments. The official zoning map shall be kept on file in the city offices and shall be open to public inspection at all times during which the city offices are customarily open. (Ord. 275, 5-12-1959; amd. 1995 Code)

1003.06: PROHIBITED USES IN ALL ZONING DISTRICTS:

Any use of land that is regulated by a licensing procedure is prohibited in all districts unless a license has been issued pursuant to the city code. (Ord. 1089, 2-25-1991)


 

CHAPTER 1004
RESIDENCE DISTRICTS

 

SECTION:

 

1004.01:       General Requirements in All Residence Districts

1004.015:     Land Uses Within Residential District

1004.016:     Land Uses Dimensional Requirements Residential Districts

1004.02:       R-1 Single-Family Residence Districts

1004.03:       R-2 Two-Family Residence Districts

1004.04:       R-3 General Residence District

1004.05:       R-3A Multi-Family Residence District; Three to Twenty-Four Units

1004.06:       R-4 Three to Four-Family Residence District

1004.07:       R-5 Three to Eight-Family Residence District

1004.08:       R-6 Townhouse District

1004.09:       R-7 Apartment Park Districts

1004.10:       R-8 Mobile Home Districts

1004.11:       Public Park and Open Space District

1004.01: GENERAL REQUIREMENTS IN ALL RESIDENCE DISTRICTS[22]:

The following minimum requirements shall apply to all buildings that may be erected, converted or structurally altered in residence districts: (Ord. 275, 5-12-1959)

A.    Accessory Buildings in Residential Districts:

1. Number Allowed: Each residentially zoned or used parcel shall be allowed up to two (2) detached accessory buildings and one garden shed, based upon certain maximum limitations identified in this section.

2. Garden Shed: The size of the allowed garden shed shall be limited to a maximum area of one hundred twenty (120) square feet, a maximum height of twelve feet (12'). The one allowable garden shed shall not be considered an accessory building.

3. Detached Accessory Building Size Limit: Total detached accessory building area shall be limited to forty percent (40%) of a required rear yard area, up to a maximum size of eight hundred sixty four (864) square feet. The forty percent (40%) rear yard limitation is calculated by taking the width of the subject lot or parcel and multiplying it by the required rear setback depth of thirty feet (30'), then multiplying that number by 0.4 or forty percent (40%).

4. Requirements for Increasing Maximum Size: The size of detached accessory buildings may be increased from a total of eight hundred sixty four (864) square feet to a maximum total size of one thousand eight (1,008) square feet. A public hearing and approval of a conditional use permit in accordance with section 1013.01 of this title, and provided all other applicable provisions of this section are met, is necessary. Conditions may be attached to the permit to mitigate the impact on adjacent properties, including, but not limited to, increased setbacks, landscape screening, architectural color and detail requirements, drainage provisions, and limiting additional exterior storage. When reviewing an application for a conditional use permit, the planning commission and City Council shall consider the following criteria:

a. Impact on traffic.

b. Impact on parks, streets and other public facilities.

c. Compatibility of the site plan, internal traffic circulation, landscaping and structures with contiguous properties.

d. Impact of the use on the market value of contiguous properties.

e. Impact on the general public health, safety and welfare.

f. Compatibility with the city's comprehensive plan.

5. Overall Area: The overall area of attached garage and detached accessory building(s) shall not exceed the exterior dimensional footprint of the principal structure, excluding any attached garage footprint.

6. Maximum Total Surface Area: Including detached accessory structures, principal structures, pavement surfaces (asphalt, concrete and/or brick, stone or other paver), the total impervious surface on a residential lot or parcel shall not exceed thirty percent (30%) of the total lot or parcel size.

7. Location: No accessory building or garden shed shall be erected or located within any front yard. Accessory buildings and/or a garden shed shall be located behind the established front building line of the principal structure. On through lots and lakeshore lots, accessory buildings and/or a garden shed may be located between the road right-of-way line and the principal structure, provided they meet the required front yard setback of thirty feet (309.) (Ord. 1287, 8-4-2003)

8. Minimum Setbacks: A garden shed and/or accessory buildings shall be set back a minimum of five feet (5') from a side yard or rear yard lot line and a minimum of six feet (6') from any other building or structure on the same lot or parcel, and on corner side lots, behind the building line of the principal structure.  Garden sheds may only be located in the rear yard.  (Ord. 1287, 8-4-2003)

9. Prohibited Location: Accessory buildings and/or a garden shed shall not be located within any public or private utility or drainage easement.

10. Height: Accessory buildings shall not exceed one story or fifteen feet (15') in height and the wall height shall not exceed nine feet (9') in height. The overall height of an accessory building shall not exceed the overall height of the principal structure on the parcel (building height is determined from section 209 of the uniform building code).

11. In-Ground Garages: Where the natural grade of a lot at the building line of a house is eight feet (8') or more above the established curb level, an accessory building for vehicle storage (garage) may be erected within any yard, provided that one-half (1/2) of the wall height or more is below grade level. Such an accessory building shall be set back a minimum of twenty feet (20') from any right of way.

12. Accessory Building and Garden Shed Color, Design and Materials: The exterior color, design, and/or materials of an accessory building shall be similar to the principal structure. Corrugated metal siding and corrugated metal roofs shall be prohibited.

13. Driveway Required: Any accessory building capable of storing one or more motorized vehicles shall be provided with a hard-surfaced driveway to an adjacent public street. However, if the primary purpose of the building is for residential (not commercial) equipment, material, seasonally used recreational vehicle or a seasonally driven vehicle or collectible, a hard surface is not required.

14. Requirements For Districts Other Than R-1 and R-2: Accessory buildings in districts other than R-1 and R-2 districts shall be placed in the rear yards.  (Ord. 1287, 8-4-2003)

15. Building Permit Required: A building permit shall be required for all detached accessory buildings and a garden shed. A building permit application must include a site plan establishing all property lines and required dimensional setbacks, roof and surface drainage plan and building elevations. (Ord. 1246, 2-12-2001)

B.    General Density Requirements, Exceptions and Credits:

1. The total minimum lot requirements for structures housing three (3) or more dwelling units in any R district may be reduced by one hundred (100) square feet per dwelling unit if the property involved is contiguous to a B or an I district.

2. The total minimum lot area requirements for structures housing three (3) or more dwelling units in any R district may be decreased by three hundred (300) square feet for each parking space that is provided under the principal use structure or, in some other manner, underground which allows use of the grade level above such space for other parking, yard or recreation space. 

(Ord. 1287, 8-4-2003)

C.    General Lighting Regulations: Any illumination, whether affixed to a building or otherwise, within a lot in any R district shall not be permitted to beam beyond the lot lines wherein it is located. (Ord. 275, 5-12-1959; amd. 1990 Code; Ord. 1089, 2-25-1991; 1995 Code)

D.    Parking: Reserved, See Sections 1018 & 1004.12 (Ord. 1287, 8-4-2003)

E.    Pre-existing Setbacks: If, after May 21, 1959, existing houses on fifty percent (50%) or more of the frontage of any block have a predominant front yard different from that herein specified, all buildings hereafter erected shall conform to the average front yard set-back of the two adjacent houses on the same side of the street, provided this regulation shall not be interpreted so as to require a front yard of more than forty feet (40') in depth. (Ord. 275, 5-12-1959)  (Ord. 1287, 8-4-2003)

F.    Residence Relocations:

1. Policy: It shall be the stated policy of the City to maintain a harmonious and high standard of residential development and to protect such areas from deleterious effects through ensuring that both new and relocated dwellings from other areas, both within the City and from outside, shall meet specified requirements.

2. Relocations Permitted On Condition: Relocations of dwellings shall be permitted in the zoning district where all necessary specifications