HomeMy WebLinkAboutCity Council Ordinance 2011-29CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2011-29
AN ORDINANCE AMENDING CHAPTERS 1-14 AND 20
OF THE PLYMOUTH CITY CODE
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Amendment. Section 105 of the City Code (Definitin of Terms;
Interpretation; Conflicts) is amended to read as follows:
105.01. Definitions of Commonly Used Terms. Subdivision 1. Unless the language or
context clearly indicates that a different meaning is intended, the following words, terms and
phrases (which shall be capitalized in the Code text), for the purpose of the provisions of this
Code, shall have the following meanings:
Subd. 2. "Administrative Services Director" means the chief financial officer for the
City.
Subd. -23. "Alarm System" means an assembly of equipment and devices (or a single
device such as a solid state unit) arranged to signal the presence of a hazard. For the purposes of
this ordinance, the alarm, when triggered, must be directly connected to a central monitoring
agency which then notifies the pPolice and/or #Fire dDepartments of an emergency to which
public safety personnel must respond, or may emit an audible signal which will require urgent
attention and to which public safety personnel are expected to respond.
Subd. -34. "Alarm User" means the person, firm, partnership, association, corporation,
company or organization of any kind on whose premises an alarm system is maintained. "Alarm
User" includes persons occupying dwelling units for residential purposes.
Subd. 45. "All -Terrain Vehicle" means a motorized flotation -tired vehicle of not less than
three low-pressure tires, but not more than six tires, that is limited in engine displacement of less
than 800 cu. centimeters and total dry weight less than 600 pounds.
Subd. 66. (Repealed, Ord. No. 2001-12)
Subd. 67. (Repealed, Ord. No. 2001-12)
Subd. -78. "Animal' shall mean all living creatures, not human, endowed with sensation
and power of voluntary movement, and includes mammals, birds, amphibians and reptiles.
Ordinance 2011-29
Page 2
Subd. 99. "At Large" means an animal off the property of its owner and not under
restraint of the owner or a member of the owner's immediate family.
Subd. -910. "Building" means any structure subject to the provisions of Section 400 of
this Code. The term also includes farm buildings and dwellings.
Subd. 47011. "Building Drain" and "Building Sewer" have the meanings given them by
the State Building Code.
Subd 12 "Building Official" means the Plymouth BuildingOfficialor his/her designee.
Subd. X13. "Burner" means a firebox, barrel or similar container used for an outdoor
fire, but not including grills or barbecues used principally for the cooking of food. (Ord. 94-12,
7111/94)
Subd. 4$:1314. "Burning Permit" means a permit issued by eider anOpen Burning
Inspector authorizing fires exempted from the general provisions hereof, and setting conditions
therefore. (Ord. 94-12, 7111/94)
Subd. 44.15. "Calendar Year" means the period from January 1 through December 31 of
each year.
Subd. 44-.A16. "Camp Fire" means a fire set for cooking, warming, or ceremonial
purposes, which is not more than three feet in diameter by three feet high, and has had the
ground 25 feet from the base of the fire cleared of all combustible material. Camp fire sites shall
not be located closer than 25 feet to any structure. (Ord. 94-12, 7/11/94)
Subd. 4-217. "Charter" means the Charter for the City of Plymouth, Minnesota effective
January 1, 1993, as set forth in Appendix VI.
Subd. 418. "City" means the City of Plymouth, Minnesota and all the territory lying
within its boundaries over which it has jurisdiction.
Subd. 4419. "City Attorney" means the Plymouth City Attorney.
Subd. 4320. "City Clerk" means the Plymouth City Clerk or an employee of the City
appointed as Deputy City Clerk.
Subd 21 "City Engineer" means the Plymouth City Engineer or his/her designee.
Subd. 44-.A22. "City Manager" means the Plymouth City Manager or a employee of th
City desigaeAed by the City Manag his/her designee. (Ord. 2002-12, 3126/2002)
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Page 3
Subd. 4-623. "Code", "this Code" or "Code of Ordinances" means the Plymouth City
Code adopted by ordinance in 1969 as recodified in 1979 and 1993, as organized, compiled and
codified herein.
Subd. 24. "Communi1y Development Director" means the Plymouth Community
Development Director or his/her designee.
Subd. 4-725. "Community Service Officer" means an employee of the City, designated by
the City Manager and assigned to the police department, exercising limited law enforcement,
code enforcement and related duties under the supervision of the Chief of Police.
Subd. 4-826. "Comprehensive Plan" means the series of maps, reports, Statement of
Goals, Objectives and Criteria; and documents prepared by the Planning Commission and
adopted by the City Council to designate long-range orderly growth and development of the
community; including, but not limited to: a Land Use Guide Plan, a Thoroughfare Guide Plan,
Community Facilities Plan and policies for Plan execution.
Subd. 4-927. "Council" means the Plymouth City Council.
Subd. -2028. "County" means Hennepin County, Minnesota.
Subd. 2-229. "Current Service" means one or more of the following: snow, ice, or rubbish
removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from
private property; elimination of sight obstructions within rights-of-way; removal or elimination
of public health or safety hazards from private property, excluding any hazardous building
included in Plymouth City Code Minnesota Statutes, Section 463.15 to 463.26, as amended;
installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or
other dust treatment of streets; repair of sidewalks and alleys; the operation of a street lighting
system; and unpaid alarm system permit fees required under Section 1155 of this Code.
Subd. 2-330. "Dangerous Animal" means any Animal which has attacked, molested,
bitten, confined or assaulted a person or domestic Animal, or which otherwise has demonstrated
that it poses a significant risk of causing harm or injury to persons or domestic Animals.
Subd. X431. "Disease Control Area" means the entire area within City limits, except
those areas annually designated by the Forester as "no control zones" pursuant to State Statute.
(Ord. 94-12, 7/11 /94)
Subd. 241432. "Distinguished or Characterized by an Emphasis Upon" means the
dominant or principal theme of the object referenced. For instance, when the phrase refers to
films "which are distinguished or characterized by an emphasis upon the exhibition or display of
specified anatomical areas," or "specified sexual activities." (Ord. 2002-12, 3/26/2002)
NOW
Subd. 2-229. "Current Service" means one or more of the following: snow, ice, or rubbish
removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from
private property; elimination of sight obstructions within rights-of-way; removal or elimination
of public health or safety hazards from private property, excluding any hazardous building
included in Plymouth City Code Minnesota Statutes, Section 463.15 to 463.26, as amended;
installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or
other dust treatment of streets; repair of sidewalks and alleys; the operation of a street lighting
system; and unpaid alarm system permit fees required under Section 1155 of this Code.
Subd. 2-330. "Dangerous Animal" means any Animal which has attacked, molested,
bitten, confined or assaulted a person or domestic Animal, or which otherwise has demonstrated
that it poses a significant risk of causing harm or injury to persons or domestic Animals.
Subd. X431. "Disease Control Area" means the entire area within City limits, except
those areas annually designated by the Forester as "no control zones" pursuant to State Statute.
(Ord. 94-12, 7/11 /94)
Subd. 241432. "Distinguished or Characterized by an Emphasis Upon" means the
dominant or principal theme of the object referenced. For instance, when the phrase refers to
films "which are distinguished or characterized by an emphasis upon the exhibition or display of
specified anatomical areas," or "specified sexual activities." (Ord. 2002-12, 3/26/2002)
Ordinance 2011-29
Page 4
Subd. 2413.33. "DNR" means the Minnesota Department of Natural Resources.
Subd. 2-534. "Emergency Ordinance" is an ordinance necessary for the immediate
preservation of the public peace, health, morals, safety or welfare in which the emergency is
defined and declared in the preamble to the ordinance.
Subd. 2:1.35. "Employee, Employ, And Employment" describe and pertain to any
person who performs any service on the premises of a sexually oriented business on a full-time,
part-time or contract basis, regardless of whether the person is denominated as an employee,
independent contractor, agent, or by another status. "Employee" does not include a person
exclusively on the premises for repair or maintenance of the premises, or for the delivery of
goods to the premises. (Ord. 2002-12, 312612002)
Subd. 2-5-.B36. "Escort" means a person who, for consideration, agrees or offers to act as
a companion, guide, or date for another person, or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person. (Ord. 96-29, 12/11/96)
Subd. 2-5,07. "Escort Agency" means a person or business association who furnishes,
offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a
fee, tip, or other consideration. (Ord. 96-29, 12/11/96)
Subd. 25-838. "Establish or Establishment" means and includes any of the following:
(1) the opening or commencement of any sexually oriented business as a new
business;
(2) the conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
(3) the addition of any sexually oriented business to any other existing
sexually oriented business; or
(4) the relocation of any sexually oriented business.
(Ord. 96-29, 12111196, Ord. 2002-12, 3126/2002)
Subd. X39. "False Alarm" means any activation of an Alarm System that results in a
response by the Police or Fire Department where an emergency situation does not exist. "False
Alarm" includes, but is not limited to, activation of an Alarm System through mechanical failure,
malfunction, improper installation, or the negligent use or maintenance of the Alarm System by
its owner or lessee or by the owner's or lessee's employees or agents. "False Alarm" does not
include activation of the alarm by utility company power outages or by climatic conditions such
as tornadoes, lightning, earthquakes, other violent conditions of nature, or any other conditions
which are clearly beyond the control of the alarm manufacturer, installer and owner. "False
Alarm" does not include activation of an Alarm System as the result of an effort or order to
upgrade, install, test, or maintain the system, if the Police/Fire Dispatcher and, where applicable,
Ordinance 2011-29
Page 5
central monitoring agency for the Alarm System are each notified in advance of said upgrade,
installation, test or maintenance. (Ord. 2001-08, 2/27/2001)
Subd. 2-740. "Fire Alarm System" means an Alarm System designed, installed, or
operated to prompt a response by the fire department.
Subd. 2-541. "Fire Inspector" means an employee of the City, designated by the Ci
assigned to the eCommunity dDevelopment dDepartment-,ied
whose duties involve the enforcement of the Eire ECode.
Subd. 2-942. "Forester," "Tree Inspector" or "Inspector" means a person who is so
certified for tree inspection by the Minnesota Department of Agriculture.
Subd. 2-943. "Garbage" means animal and vegetable wastes and other like -waste
matter including but not limited to grease, wrappings, shells, grounds, bones, entrails, and similar
materials resulting from the handling, preparation, cooking, service and consumption of food,
and other animal wastes.
Subd. 3.044. "Gasoline Service Station" means any premises whereon the owner or
occupant conducts the business of furnishing and selling gasoline and lubricating oils or
accessories for motor vehicles.
Subd. 3145. "Health Authority" means the Health Officer or the Public Health
Sanitarian.
Subd.-32-46. "Hunting" shall mean pursuing, shooting, injuring, capturing or attempting
to pursue, shoot, injure or capture any animal.
Subd. 3347. "Individual Sewage Treatment System" or "Systems" means a sewage
treatment system or part thereof, serving a dwelling, other establishment, or group thereof, that
uses subsurface soil treatment and disposal. (Ord. 98-35, 11/04/98)
Subd. 3448. "Industrial Wastes" means the liquid wastes from industrial processes as
distinct from sanitary sewage.
Subd. 3-549. "Junk Vehicle" means any vehicle which is not in operable condition, or
which is partially dismantled, or which is used for the sale of parts or as a source of repair or
replacement parts for other vehicles, or which is kept for scrapping, dismantling or salvage of
any kind, or which is not currently licensed for operation within the State of Minnesota or by the
State of Minnesota.
Subd. 50. "Kennel" means premises where the business of selling, boarding, breeding,
treating or grooming animals is conducted. (Ord. 98-24, 7/22/98)
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Subd. 3351. "Licensee" means a person in whose name a license to operate a sexually
oriented business has been issued, as well as the individual listed as an applicant on the
application for a license. (Ord. 96-29, 12/11196)
Subd. 36. "Manager-" fneans the Plymouth City Manager.
Subd. 3-752. "Massage Therapy" means the process by which a practitioner applies
massage therapy techniques, and may apply adjunctive therapies, with the intention of positively
affecting the health and well being of the client. "Massage Therapy" is the rubbing, stroking,
kneading, tapping, positioning, causing movement, and applying touch and pressure to the body.
"Adjunctive therapies" may include (1) application of heat, cold, water, mild abrasives,
heliotherapy, topical preparations not classified as prescription drugs, (2) the use of mechanical
devices and tools which mimic or enhance manual actions (3) and instructed self care and stress
management. Massage Therapy does not include techniques traditionally practiced by
chiropractors. (Ord. 95-21, 4104/95)
Subd. 353. "Massage Therapy Center" means any premises in which Massage
Therapy is practiced, except a residence of the Massage Therapist that is used only by that
Massage Therapist for the practice of Massage Therapy at the residence. (Ord. 95-21, 4104195)
Subd. 3$54. "Massage Therapist" means a person who practices massage therapy. (Ord.
95-21, 4104/95)
Subd. 3355. "Misdemeanor" means a penal offense or crime which the Council is
empowered to make punishable with fine and/or imprisonment.
Subd. 4056. "Motor Bicycle" and "Motor Bicycle Licenses" have the meanings given
them by Minnesota Statutes, Section 168.831, as amended.
Subd. 44-57. "Motorcycle" means every motor vehicle having a seat or saddle for the use
of the rider and designed to travel on not more than three wheels in contact with the ground,
including motorscooters and bicycles with motor attached, other than those vehicles defined as
motorized bicycles in Subdivision 4(a), but excluding a tractor.
Subd. 42-58. "Motorized Bicycle" means a bicycle with fully operational pedals which
may be propelled by human power or a motor, or by both, with a motor with a capacity of less
than 50 cu. centimeters piston displacement, and a maximum of two brake horsepower, which is
capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more
than one percent grade in any direction when the motor is engaged.
Subd. 4359. "Noxious Weeds" means plants defined by the Minnesota Commissioner of
Agriculture to be injurious to public health, public roads, crops, livestock and property.
Subd. 4360. "Nude Model Studio' means any place where a person who appears in a
state of nudity or displays "specified anatomical areas" is provided to be observed, sketched,
Ordinance 2011-29
Page 7
drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money
or any form of consideration. (Ord. 96-29, 12/11/96)
Subd. 461. "Nudity, Nude or a State of Nudity" means:
(1) the appearance of a human bare buttock, anus, male genitals, female genitals,
or female breast; or
(2) a state of dress which fails to opaquely cover a human buttock, anus, male
genitals, female genitals, or areola of the female breast.
(Ord. 96-29, 12/11/96, Ord. 2002-12, 3/26/2002)
Subd. 4362. "Open Burn" "Open Burning" or "Open Fire" means a fire burning in
matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire
box, structure or vehicle, and from which the products of combustion are emitted directly to the
open atmosphere without passing through a stack, duct, or chimney. (Ord. 94-12, 7/11/94; Ord.
96-29, 12/11196)
Subd. 43-.D63. "Open Burning Inspector" means the City Forester or Fire Chief or their
respective designees
. (Ord. 94-12, 7111194; Ord. 96-29, 12/11 /96)
Subd. 464. "Operate or Cause to be Operated" means to cause to function or to put or
keep in a state of doing business. (Ord. 2002-12, 3/26/2002)
Subd. 4365. "Operator" means any person on the premises of a sexually oriented
business who is authorized to exercise operational control of the business, or who causes to
function or who puts or keeps in operation, the business. A person may be found to be operating
or causing to be operated a sexually oriented business regardless of whether that person is an
owner, part owner, or licensee of the business. (Ord. 2002-12, 3/26/2002)
Subd. 4466. "Owner" means, in the case of personal property, a person, other than a lien
holder, having the property in or title to personal property. In the case of real property, the term
means the fee owner of land, or the beneficial owner of land whose interest is primarily one of
possession and enjoyment in contemplation of ultimate ownership. The term includes, but is not
limited to, vendees under a contract for deed and mortgagors.
Subd. 4-567. "Pawnbroker" means 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 the same back again at a stipulated price, or who
loans money secured by chattel mortgage on personal property, taking possession of the property
or any part thereof so mortgaged.
Subd. 4668. "Peddler" means a person who goes from house to house, from place to
place, or from store to store conveying or transporting goods, wares or merchandise or offering
or exposing the same for sale or making sales and delivering articles to purchasers.
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Subd. 4769. "Person" means an individual, firm, partnership, association, cooperative,
corporation or other entity; the term may extend and be applied to bodies corporate and politic,
or to other unincorporated associations.
Subd. 4870. "Petty Misdemeanor" means an offense, which does not constitute a crime,
which the Council is empowered to make punishable with a fine.
Subd. 4971. "Police Alarm System" means an Alarm System designed, installed, or
operated to prompt a response by the police department.
Subd. -5-72. "Private Residential Pool" means a permanent or portable swimming pool,
located on private property under the control of the homeowner, the use of which is limited to
swimming or bathing by the owner's family or invited guests, and having a depth of two feet or
more at any point and (a) a surface area of 250 square feet or more, or (b) a volume of 3,250
gallons or more.
Subd. -5273. "Public School" means any school building, school grounds, play area,
parking lot or athletic field owned or leased by a public school district.
Subd. 3874. "Public Sewer" means a sewer receiving both surface runoff and sewage.
Subd. 3475. (Repealed) (Ord. 96-22, 9/18/96)
Subd. 34476. "Recreation Fire" has the same definition as a "Camp Fire."
(Ord. 94-12, 7/11 /94)
Subd. 3377. "Recreational Vehicle" means any Motorized Bicycle, All -Terrain Vehicle,
Motorcycle, or other motorized vehicle designed or used for a recreational purpose. The term
does not include snowmobiles as defined under the terms of Section 1325 of this Code.
Subd. 3678. "Recyclable mMaterials" has the meaning given it in Minnesota Statutes,
Section 115A.03 and includes paper, glass, plastics, metals, automobile oil, and batteries.
Subd. 3479. "Regularly Features or Regularly Shown" means a consistent or
substantial course of conduct, such that the films or performances exhibited constitute a
substantial portion of the films or performances offered as part of the ongoing business of the
sexually oriented business. (Ord. 2002-12, 3/26/2002)
Subd. 3780. "Removal Location" means a location in the City to which a building may
properly be moved and on which such building may properly be located after such moving
pursuant to Section 415.
Subd. 3$81. "Rough Fish" shall mean carp, buffalofish, sucker, redhorse, sheepshead,
dogfish, burbot, cisco, gar, goldeye and bullhead.
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Page 9
Subd. 6982. 'Rubbish" means waste products which are composed wholly or partly of
such materials as garbage, sweepings, swill, cleanings, trash, refuse, litter, industrial solid wastes
or domestic solid wastes; organic wastes or residue of animals, fruit, or other vegetable or animal
matter from kitchen, dining room, market, food establishment or any place dealing or handling
meat, fowl, fruit, grain, or vegetables; offal, animal excrete, or the carcass of animals; tree or
shrub trimmings (greater than 1/4 inch in diameter), or grass clippings, brick, plaster, wood,
metal, roofing materials, pipe or other waste matter resulting from the demolition, alteration or
construction of buildings or structures; accumulated waste materials, cans, used containers,
boxes and packing materials, Junk Vehicles, ashes, tires, junk, Christmas trees, rocks, sod, dirt,
glass, jars, bottles, auto parts, cement brick, leaves, burn barrels, household appliances, furniture,
toys, floor coverings, fabric, drain oil, solvents and fluids, or other such substance which may
become a nuisance.
Subd. 6083. "Sanitary Sewer" means a sewer which carries sewage and to which storm
surface and ground waters are not intentionally admitted ("Sanitary Sewage").
Subd. 6-184. "Sauna" means and includes a steam bath or heat or heat bathing room used
for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning,
relaxing or reducing agent, and the associated premises.
Subd. 62. "Seiweager-" means a per -soft who raleans an iadi-A"al sewage disposal system
Subd. 6-385. "School Official" means the principal, assistant principal, or any school
teacher of a Public School.
Subd. 6486. "Secondhand Goods Dealer" means a person whose regular business
includes selling or receiving tangible personal property (excluding motor vehicles) previously
used, rented, owned or leased.
Subd. 642487. "Self Service Merchandising" means open display of tobacco products
where the public has access without the intervention of an employee. (Ord. 96-4, 2/21/96)
Subd. 6488. "Semi -Nude or in a Semi-Bude Condition" means a state of dress in
which clothing covers no more than the genitals, pubic region, and areolae of the female breast,
as well as portions of the body covered by supporting straps or devices. (Ord. 96-29, 12/11/96,
Ord. 2002-12, 3/26/2002)
Subd. 6589. "Sewage Works" means all facilities for collecting, pumping, treating and
disposing of sewage.
Subd. 6690. "Sewage" means a combination of the water carried wastes from residences,
business buildings, institutions, and industrial establishments, together with such ground,
surface, and storm waters as may be present.
Subd. 6-791. "Sewer" means a pipe or conduit for carrying sewage.
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Page 10
Subd. 692. "Sexual Encounter Center" means a business or commercial enterprise
that, as one of its primary business purposes, offers for any form of consideration: a place where
two or more persons may congregate, associate, or consort for the purpose of "specified sexual
activities." The definition of sexual encounter center or any Sexually Oriented Businesses shall
not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar
professional person licensed by the sate engages in medically approved and recognized sexual
therapy. (Ord. 96-29, 12111196, Ord. 2002-12, 3/26/2002)
Subd. 693. "Sexually Oriented Arcade" means any place to which the public is
permitted or invited wherein coin-operated or slug -operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other image -producing
devices are maintained to show images to five or fewer persons per machine at any one time, and
where the images so displayed are distinguished or characterized by the depicting or describing
of "specified sexual activities" or "specified anatomical areas." (Ord. 96-29, 12/11/96)
Subd. 694. "Sexually Oriented Bookstore, Sexually Oriented Video Store, or
Sexually Oriented Store" means a commercial establishment which as a principal business
purpose offers for sale or rental for any form of consideration any one or more of the following:
(1) bBooks, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, compact discs,
computer software, digital recordings, slides, or other visual representations
which depict or describe "specified sexual activities" or "specified anatomical
areas"; or
(2) ilnstruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities."
(Ord. 96-29, 12/11196)
Subd. 6895. "Sexually Oriented Business" means a sexually oriented arcade; sexually
oriented bookstore, video store or other sexually oriented store; sexually oriented cabaret;
sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented
motel; sexually oriented motion picture theater; sexually oriented sauna; sexually oriented
theater; escort agency; nude model studio; or sexual encounter center; and other premises,
enterprises, establishments, businesses, or places open to some or all members of the public, at or
in which there is an emphasis on the presentation, display, depiction, or description of "specified
sexual activities" or "specified anatomical areas" which are capable of being seen by members of
the public. (Ord. 96-29, 12111/96)
Subd. 6€96. "Sexually Oriented Cabaret" means a nightclub, bar, restaurant, or similar
commercial establishment which regularly features:
(1) pPersons who appear in a state of semi-nude; or
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Page 11
(2) Live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities"; or
(3) 4Films, motion pictures, video cassettes, slides, compact discs, computer
software, digital recordings, or other photographic reproductions which are
characterized by the depiction or description of "specified sexual activities" or
"specified anatomical areas".
(Ord. 96-29, 12111196, Ord. 2002-12, 3/26/2002)
Subd. 6-7-.F97. "Sexually Oriented Conversation/Rap Parlor" means a conversation/rap
parlor which excludes minors by reason of age, or which provides the service of engaging in or
listening to conversation, talk, or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas". (Ord. 96-29, 12/11/96)
Subd. 67L.CC98. "Sexually Oriented Massage Parlor" means a massage parlor which
excludes minors by reason of age, or which provides for any form of consideration, the rubbing,
stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor
is distinguished or characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas". (Ord. 96-29, 12111/96)
Subd. 6-7-.H99. "Sexually Oriented Motel" means a hotel, motel or similar commercial
establishment which:
(1) eOffers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions which are
characterized by the depiction or description of "specified sexual activities" or
"specified anatomical areas"; and has a sign visible from the public right of way
which advertises the availability of this adult type of photographic reproductions;
or
(2) eOffers a sleeping room for rent for a period of time that is less than 10
hours; or
(3) aAllows a tenant or occupant of a sleeping room to subrent the room for a
period of time that is less than 10 hours.
(Ord. 96-29, 12111 /96)
Subd. H-74100. "Sexually Oriented Motion Picture Theater" means a commercial
establishment where, for any form of consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions are regularly shown which are characterized by the
depiction or description of "specified sexual activities" or "specified anatomical areas". (Ord.
96-29, 12/11/96)
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Page 12
Subd. 674101. "Sexually Oriented Sauna" means a sauna which excludes minors by
reason of age, or which provides for any form of consideration, a steam bath or heat bathing
room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a
cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
(Ord. 96-29, 12/11196)
Subd. 6-7-.K102. "Sexually Oriented Theater" means a theater, concert hall, auditorium,
or similar commercial establishment which regularly features persons who appear in a state of
nudity or semi-nude or live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities". (Ord. 96-29, 12/11/96; Ord. 2002-12,
3/26/2002)
Subd. 69103. "Shade Trees" means any deciduous or coniferous tree situated in the City.
Subd. 61104. "Shade Tree Disease" means Dutch elm disease caused by Ophiostoma
Nova-Ulmi and/or Ceratocystis Ulmi, oak wilt, caused by Ceratocystis Fageceorum, or any
disorder affecting the growth and life of shade trees.
Subd. 78105. "Shade Tree Control Program" or "Program" means a program developed
by the City to combat Shade Tree Disease in accordance with rules promulgated by the
Commissioner of Agriculture.
Subd. 74106. "Solicitor" means a person who goes from house to house, from place to
place or from street to street soliciting, or taking or attempting to take orders for sale of goods,
wares, merchandise, or personal property or services of any nature whatsoever for future delivery
or future performance whether or not such individual has, carries or exposes for sale, a sample of
the subject to such order or whether or not he is collecting advance payments for such orders.
Any such activity shall be deemed soliciting if it has as its ultimate purpose the obtaining of
orders of such nature, even though it may not purport, initially, to be an effort to obtain such an
order. (Ord. 2003-32, 11/10/2003)
Subd. 72107. (Repealed) (Ord. 96-22, 9118196)
Subd. 74108. "Specified Anatomical Areas" means:
(1) hHuman male genitals in a discernibly turgid state, even if completely and
opaquely covered; or
(2) ILess than completely and opaquely covered human genitals, public
region, buttocks, or a female breast below a point immediately above the top of
the areola.
(Ord. 96-29, 12/11/96; Ord. 2002-12, 3126/2002)
Subd. 7109. "Specified Sexual Activities" means and includes any of the following:
Ordinance 2011-29
Page 13
(1) tThe fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts;
(2) i&x acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy;
(3) mMasturbation, actual or simulated; or
(4) eExcretory functions as part of or in connection with any of the activities
set forth in (1) through (3) above.
(Ord. 96-29, 12/11 /96)
Subd. X110. (Repealed by Ord. 2002-12, 3126/2002)
Subd. 7IB111. "Substantial Enlargement' of a sexually oriented business means the
increase in floor area occupied by the business by more than 25%, as the floor area existed on the
effective date of this Ordinance. (Ord. 2002-12, 3126/2002)
Subd. 74112. "Swimming Pool" means any structure, basin, chamber, or tank containing
an artificial body of water for swimming, diving, relaxation or recreational bathing.
Subd. -74113. "Taxicab" means any motor vehicle engaged in the carrying of persons for
hire, whether over a fixed route or not, and whether the same be operated from a street stand or
subject to calls from a garage, or otherwise operated for hire except private auto deliveries as
herein defined but the term shall not include vehicles subject to control and regulation by the
Minnesota Public Utilities Commission or vehicles regularly used by undertakers in carrying on
their business.
Subd. 73114. "Taxicab Driver" means any person who drives a Taxicab, either as the
owner of the Taxicab or as an employee of a Taxicab operator.
Subd. 76115. "Taximeter" means any mechanical instrument or device by which the
charge for hire of a Taxicab is mechanically calculated, whether by distance traveled or waiting
time, or by both, and upon which charge shall be indicated by figures.
Subd. 7"116. "Tobacco Product' means 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. 96-
4,2121196)
Subd. 7"117. "Transfer of Ownership or Control" of a sexually oriented business
means and includes any of the following:
Ordinance 2011-29
Page 14
(1) tThe sale, lease, or sublease of the business;
(2) tThe transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
(3) tThe establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for transfer by bequest
or other operation of law upon the death of the person possessing the ownership
or control.
(Ord. 2002-12, 312612002)
Subd. 77. "Transient -MeFC-nuii'rmeans -any pefsvrriicui`r=icr'aur, ��-.:nvr-s==-t.,
ineefpefafien>agent,th in,does,
goods, or- tfansaets any temporary and
tFansient business selling >and,
hires, whe for- the paTese of ean=)4ag on
sueh business, has eemplied with the administmfive pem:tit requirements of the Zoning Code,
and leases,eee>9 a building,
site, par-k4ng lot, vaeant lot, motor- vehiele, e
tFafler- in a zening dist-�-,-A- vwheer--e it is a4lowed by the City Code and Zoning Code. (04 2004
1 X12
Subd. -78118. "Transient Produce Merchant" means any person who engages in or
transacts in any temporary and transient business within the City, selling the products of the farm
or garden occupied and cultivated by that person; and, who for the purposes of carrying on such
business, hires, leases, occupies, or uses, site, parking lot, vacant lot, motor vehicle, or trailer on
a site other than the property on which the produce is grown and cultivated, in a zoning district
where it is allowed by the City Code and Zoning C4"Ordinance. (Ord. 2004-03, 111312004)
Subd. 80119. "Under Restraint" means an animal controlled (i) by a fence, leash or its
owner's command within the confines of the owner's property or (ii) by a leash not exceeding six
feet in length while outside of the owner's property and under the control and direction of the
owner or a member of the immediate family, so as to be as effectively restrained, or (iii) within a
vehicle that is enclosed sufficiently so as to prevent the animal from exiting the vehicle.
Subd. 84120. "Vehicle" means a machine propelled by power other than human power,
designed to travel along the ground by use of wheels, treads, runners or slides, and transport
persons or property or pull machinery, and shall include, without limitation, automobiles, trucks,
trailers, Motorcycles and tractors.
Subd. 82121. (Repealed) (Ord. 96-22, 9/18196)
Subd. 83122. "Wild Animal" means any animal that is wild, ferocious, or vicious by
nature, habit, disposition, or character. Animals in this category include, but are not limited to,
any ape, [including chimpanzee, gibbon, gorilla, orangutan, or siamang], baboon, bear, bison,
bobcat, cheetah, crocodile, coyote, deer, [including all members of the deer family such as
antelope, elk, and moose], elephant, ferret, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx,
monkey, puma (also known as cougar, mountain lion, or panther), raptor, rhinoceros, any snake
Ordinance 2011-29
Page 15
that is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the
wild animals such as wolf/dog mixes. (Ord. 98-24, 7/22/98, Ord. 99-04; 1/19/99; Ord. 2011-06,
2/2212011)
Subd. 8-3-.A 123. "Wood" means dry, clean fuel only such as twigs, branches, limbs,
"presto lots," charcoal, cordwood or untreated dimensional lumber. "Wood" does not include
wood that is rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets
may be used for recreation fires when cut into three foot lengths. (Ord. 94-12, 7/11/94)
Subd. 54124. "Yard wWaste" means compostable materials such as grass clippings,
leaves, weeds, tree or shrub trimmings (1/4 inch in diameter or less) and other like -forms of
organic material, but does not include garbage, trees, brush and similar materials.
Subd. 53125. "Zoning God Ordinance" means The Plymouth Zoning Ordinance attached
to the City Code as e4Chapter 21.
105.03. Reference to Public Official. References to elected or appointed City officials
includes their duly authorized representatives or designee.
105.05. Definitions; Statutory. The definitions contained in Minnesota Statutes, Chapter
645, as amended, hereby are adopted by reference and are made a part of this Code as if set out
in full herein. The references in said Chapter to laws and statutes shall be interpreted herein to
mean provisions of this Code, and the references in said Chapter to the Legislature shall be
interpreted herein to mean the Council.
105.07. Definition; Internal. Terms defined in other Sections of this Code have the
meanings given them by those Sections.
105.09. Interpretation; Conflicts. Subdivision 1. Common Usage. Words and phrases
used in this Code shall be interpreted and understood in accordance with common and accepted
usage, but any technical words or phrases or such others as have acquired a specific or peculiar
meaning shall be interpreted and understood in accordance with such meaning.
Subd. 2. Statutory Rules. It is the intent of the City Council that the rules and canons of
construction, presumptions and miscellaneous provisions relating to statutory construction
contained in Minnesota Statutes, Chapter 645, apply to this Code and govern its interpretation,
and that all questions of meaning, construction and interpretation of this Code be resolved by
application of the rules contained in Chapter 645. The provisions of Minnesota Statutes, Chapter
645, as amended, are hereby adopted by reference and are as much a part of this Code as if fully
set forth herein.
105.11. Gender; Number. When any subject matter, party or person is described or
referred to by words importing the masculine gender, females as well as males, and associations
and bodies corporate as well as individuals, shall be deemed to be included. When any subject
matter, party or person is described or referred to by words importing the singular number, the
plural of such persons and bodies corporate shall be deemed to be included.
Ordinance 2011-29
Page 16
105.13. City Council Policies; Policy Manual. The Cly Council shall when directed by
the Charter or Code and from time to time, adopt and amend by resolution policies for the
implementation, interpretation, and administration of the Charter and Code and other matters of
general municipal concern. These policy resolutions shall be assembled by the City Manager in
an appropriate volume designated as "Appendix IIP' to this Code and be known as the "Policy
Manual." Copies of the Policy Manual shall be kept available by the City Clerk with the Code
for inspection by the public.
105.15. Filings;Application; Duties of Clerk. Whenever in this Code a duty is imposed
upon the City Clerk involving the filing of documents, receipt of an application, payment of a
fee, issuance of a permit or license or similar administrative action, the Cfty Clerk, at the
direction of the City Manager, may delegate the performance of the duty to an appropriate officer
or employee of the City.
105.17. Severability. Every chapter, section, subdivision, paragraph or provision of the
City Code shall be, and is hereby declared, severable from every other such chapter, section,
subdivision, paragraph or provision and if any part or portion of any of them shall be held
invalid, it shall not affect or invalidate any other chapter, section, subdivision, paragraph or
provision.
105.19. Titles. A title or caption to or in any chapter, section, subdivision, subparagraph
or other provision of the Code is for convenience only and shall not limit, expand, or otherwise
alter or control the content, wording or interpretation thereof.
105.21. Otherwise Unlawful. The City Code does not authorize an act or omission
otherwise prohibited by law.
105.23. Public Hearings and Public Meetings. Subdivision 1. Distance for Notification
Requirements. Where property owners within a specified distance of the boundaries of property
which is the subject of a public hearing or a public meeting must be notified of the hearing or
meeting, the distance shall be measured from the property line of the subject property, excluding
railroad and street rights-of-way that immediately abut the subject property.
Subd. 2. Failure to Give or Receive Notice. Failure of a property owner to receive notice
shall not invalidate the procedure. Notice requirements in addition to that required by state
statute are directory only. Failure to provide such notice shall not invalidate the proceeding.
(Ord. 95-9, 2/7/95)
Section 2. Amendment. Section 110 of the City Code (Ordinance Records and
Codification) is amended to read as follows:
110.01. Ordinances Enactment. Legislation shall be enacted by ordinances, in accordance
with the procedure set forth by the Charter, state law and this Code. Ordinances shall be
integrated into this Code in accordance with this Section.
Ordinance 2011-29
Page 17
110.03. Form of Amendments and New Ordinances. An ordinance amending this Code
shall be in writing and specify the subsection and subdivision to be amended. Language to be
added shall be underlined; language to be repealed shall be stricken or indicated by other
appropriate symbol. An ordinance repealing an entire chapter, section, subsection or subdivision
need refer only to that chapter, section, subsection or subdivision, and the text need not be
reproduced. An ordinance adding only new provisions to the Code need not be underlined. The
enacting clause of an ordinance shall read: "The City of Plymouth ordains."
110.05. Integration of Ordinances into Code. Subdivision 1. Duties of City Manama
City Attorney. The C yt Manager and City Attorney shall recommend to the Council a system
for integrating ordinances into the Code in the most expeditious manner possible. They shall
recommend to the Council rules consistent with this Section for the preparation, editing and
format of ordinances to be presented to the Council.
Subd. 2. Matters Omitted. When an ordinance is integrated into this Code, the following
matters may be omitted:
(a) Title.
(b) Enacting Clause.
(c) Section Numbers.
(d) Definition of terms identical to those contained in this Code.
(e) Validation and repealing clauses.
(f) Validating signatures and dates.
(g) Punctuation and other matters not an integral part of the text of the
ordinance.
(h) Penalty provisions.
Subd. 3. Errors. When integrating ordinances into the Code, the City Manager and City
Attorney may correct manifest grammatical, punctuation, and spelling errors; change reference
numbers to conform with sections, subsections, chapters and ordinances; substitute figures for
written words and vice versa; substitute dates for the words "the effective date of this ordinance";
and perform like actions to insure a uniform code of ordinances without, however, altering the
meaning of the ordinances enacted.
Subd. 4. Source Notes. When an ordinance is integrated into the Code, a source note
shall be added at the end of each new chapter, section, subsection or subdivision indicating the
ordinance number and section from which the same was derived.
110.07. Ordinance Records; Special Ordinances. The City Clerk is responsible for the
safe and orderly keeping of all ordinances in a manner directed by the Council. The ordinance
code may be prepared in book, pamphlet or continuously revised loose-leaf form, with copies
available, through the City Clerk, to the public free or at a reasonable cost. Any ordinance not
included in this Code by Council direction is a special ordinance. The City Clerk shall maintain
an up-to-date, indexed record of all special ordinances. The Council may direct that special
ordinances and others be included in appendices to this Code.
Ordinance 2011-29
Page 18
110.09. Effective Date of Ordinances. Ordinances are effective on the date of their
passage or on such other date as may be specified therein.
Section 3. Amendment. Section 200 of the City Code (City Council; Rules of Procedure)
is amended to read as follows:
200.01. Meetings of the Council. Subdivision 1. Regular Meetings. The Council
annually shall establish a schedule of meetings for that year. The Council may cancel any
regular meeting. At least one regular meeting shall be held in each calendar month. (Ord. 94-23,
12/05/94; Ord. 96-1, 2101 /96)
Subd. 2. Special Meetings. The Mayor or any three members of the Council may call a
special meeting of the Council upon at least 24 hours written notice to each member of the
Council. This notice shall be delivered personally to each member or shall be left at the
member's usual place of residence with some responsible person. Notice to the public shall be
given in the manner required under State law.
200.03. Initial Meeting. At the first regular Council meeting in January of each year, the
Council shall:
(1) Designate the depositories of City funds;
(2) Designate a legal newspaper of general circulation in the City as the official
newspaper;
(3) Choose one of its members as Deputy Mayor, who shall perform the duties of the
Mayor during the disability or absence of the Mayor from the City or, in case of a
vacancy in the office of Mayor, until a successor has been appointed and qualifies;
(4) Appoint such officers (including Council Secretary) and employees and such
members of boards, commissions, and committees as may be necessary.
200.05. Agenda. Subdivision 1. Reports, Requests, etc. Petitions, requests, and
communications addressed to the Council, which in the opinion of the City Manager, or by law,
necessitate advisory commission reports before disposition by the Council (except those required
by law to come before the Council initially), shall be withheld by the City Manager from the
agenda until such reports are available, at which time both the petition, request or
communication and the related report shall be placed on the agenda for the next succeeding
Council meeting.
200.07. Presiding Officer; Duties; Appeals. Subdivision 1. Appointment. The Mayor
shall be the presiding officer at all meetings of the Council. In the absence of the Mayor, the
Deputy Mayor shall preside. In the absence of both, the Councilmember with the longest term of
service on the Council shall preside.
Ordinance 2011-29
Page 19
Subd. 2. Duties. The Presiding Officer shall preserve strict order and decorum at all
meetings of the Council. The Presiding Officer shall state every question coming before the
Council, announce the decision of the Council on all subjects and decide without debate all
questions of procedure, subject, however, to the final decision of the Council on appeal. The
Presiding Officer may introduce motions, second motions, and speak on any question.
Subd. 3. Appeals. Any member may appeal to the Council from a ruling of the Presiding
Officer. If the appeal is seconded, the member may speak once solely on the question at issue,
and the Presiding Officer may explain his ruling, but no other Councilmember may participate in
the discussion. The appeal shall be sustained if it is approved by a majority of the members
present exclusive of the Presiding Officer.
200.09. Secretary; Duties. Subdivision 1. Appointment. The Council shall appoint a
Council Secretary. The Council may designate any officer or employee of the city as Secretary,
except the City Manager, Mayor or Council Member.
Subd. 2. Duties. The Secretary shall keep a journal of Council proceedings and minutes
and perform duties required under the Charter, Code, Resolution and State law.
200.11. Minutes. Subdivision 1. Who Keeps. Minutes of each Council meeting shall be
kept by the Council Secretary. In the Council Secretary's absence, the Presiding Officer shall
appoint a Secretary Pro Tem.
Subd. 2. Content. Ordinances, resolutions, and claims need not be recorded in full in the
minutes if they appear in other permanent records of the City and can be accurately identified
from the description given in the minutes.
Subd. 3. Approval. The minutes of each meeting shall be reduced to typewritten form,
shall be signed by the Secretary, and copies thereof shall be delivered to each Councilmember as
soon as practicable after the meeting. At the next regular Council meeting following such
delivery, approval of the minutes shall be considered by the Council. The minutes need not be
read aloud, but the Presiding Officer shall call for any additions or corrections. If there is no
objection to a proposed addition or correction, it may be made without a vote of the Council. If
there is an objection, the Council shall vote upon the addition or correction. If there are no
additions or corrections, the minutes shall stand approved.
Subd. 4. Inspection. Any person may inspect the minutes at reasonable times and in
accordance with this Code, the Charter and State law.
200.13. Quorum and Voting. Subdivision 1. Quorum. A majority of all of the members
of the Council elected constitutes a quorum, but a smaller number may adjourn from time to
time.
Subd. 2. Vote Rgguired. A majority vote of all members of the Council is required for
approval of ordinances and resolutions, unless a larger number is required by the Charter or by
Ordinance 2011-29
Page 20
State law. Except as otherwise provided by statute, a quorum shall prevail in all other cases
unless a member of the Council states that he/she is not voting, his/her silence shall be recorded
as an affirmative vote.
200.15. Order of Business. At the hour appointed for the meeting, the members shall be
called to order by the Presiding Officer. The Council Secretary shall call the roll and note the
absentees. Council business shall be conducted in the following order:
(a) Call to Order and Pledge of Allegiance.
(b) Roll Call.
(c) Plymouth Forum.
(d) Presentations and Public Information Announcements.
(e) Approve Agenda.
(f) Consent Agenda.
(g) Public Hearings.
(h) General Business.
(i) Reports and Staff Recommendations.
6) Adjournment.
In order to accommodate persons in the Council Chambers waiting to be heard, the Presiding
Officer may vary the above order; but public hearings shall be held at the time set in the notice of
such hearings. (Ord. 95-3, 1/17/95)
200.17. General Rules of Order. Except as otherwise provided by statute or by this
Section, the proceedings of the Council shall be in accordance with Roberts Rules of Order,
Revised.
200.19. Plymouth Forum. The Plymouth Forum will be held the first 15 minutes of each
regular Council meeting. If the entire time is not needed, the Council will proceed with the
agenda.
200.21. Procedures for Use of Consent Agenda. The Consent Agenda shall contain
routine or non -controversial items which require Council action but little deliberation. The
following rules and procedures shall govern the use of the Consent Agenda by the Gity Council:
(a) A motion to approve the Consent Agenda shall not be debated;
Ordinance 2011-29
Page 21
(b) The Consent Agenda shall normally be considered as the first item of Council
business;
(c) At the request of any Councilmember or citizen attending the meeting, an item on
the Consent Agenda shall be removed or considered elsewhere on the agenda.
200.23. Ordinances, Resolutions, Motions, Petitions and Communications. Subdivision 1.
Readings. Every ordinance and resolution shall be presented in writing. The vote on an
ordinance shall be by roll call. An ordinance or resolution need not be read in full unless a
member of the Council requests such a reading.
Subd. 2. Signing, Publication and Proof. Every ordinance passed by the Council shall be
signed by the Mayor or, in the Mayor's absence, the Deputy Mayor, attested by the City Clerk,
and filed in the ordinance book. Proof of publication of an ordinance shall be attached and filed
with the ordinance. Each resolution shall be appropriately numbered and filed by the City Clerk.
Subd. 3. Repeals and Amendments. Every ordinance or resolution repealing a previous
ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the
title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in
part. Each ordinance or resolution amending an existing ordinance or resolution or part thereof
shall set forth in full each amended section or subdivision as it will read with the amendment.
200.25. Required Attendance at Council Meetings. Subdivision 1. Rule. The Mayor and
each Council member shall attend not less than one meeting of the Council each calendar month.
Subd. 2. Non -Attendance. If the Mayor or any Council member fails to attend at least
one meeting of the Council in any month, the Mayor or Council member shall forfeit his/her full
salary for one month. This forfeiture does not apply if the Mayor or Council member notifies the
City Manager that they are on vacation or sick.
Subd. 3. City Clerk, Procedure. The City Clerk, in the event of a forfeit as provided in
Subdivision 2, shall certify the fact of such forfeit in writing, together with the applicable dates
of absence of the Mayor or Council member, to the City Manager and Administrative Services
Director. The Administrative Services Director shall, at the time of the issuance of salary checks
to the Mayor and Council member, not issue a check payable to the absent Mayor or Council
member in the amount of the monthly salary.
(Ord. 96-8, 5101/96; Ord. 2008-17, 611012008)
Section 4. Amendment. Section 215 of the City Code (Council Training and Conference
Expenditures) is amended to read as follows:
215.01. Budget. The City -Council shall annually establish a training and conference
budget for Gity Council members. (Ord. 96-21, 9118196)
Ordinance 2011-29
Page 22
215.03. (This section was repealed by Ordinance 2000-14, 4/25/2000)
Section 4. Amendment. Section 210 of the City Code (City Elections) is amended to
read as follows:
210.01. Mayor/Council Elections Generally. Subdivision 1. 4ualifications. The Mayor
and Council Members shall have the qualifications set forth in Chapter 2 of the Charter.
Subd. 2. Terms. The schedule of elections and terms of office shall be as set forth in
Sections 2.03, 12.11, 12.13 and Chapter 4 of the Charter.
210.03. Absentee Ballot C Board. Subdivision 1. Board Established. As
authorized by Minnesota Statutes, Section 283B -14203B.23, as amended, an aAbsentee bBallot
eounfing bBoard is established. The board has those powers and duties, and shall be appointed
in the manner provided by law.
Subd. 2. Examination of Ballots. The aAbsentee bBallot seuntin bBoard is authorized
to examine absentee ballot envelopes and receive or reject absentee ballots in the manner
provided by Minnesota Statutes, Sections 2033.42 and 2033.' 3203B.23, Subd. 2, as amended.
Subd. 3. Term. The aAbsentee bBallot eeuntin bBoard shall be appointed for each
general, State Primary and special election in the City.
Section 5. Amendment. Section 300 of the City Code (Administrative Code; City
Manager; Personnel) is amended to read as follows:
300.01. City Manager. The City Manager is responsible to the Council for proper
administration of City Affairs. The City Manager shall act as chief administrative officer and
chief purchasing agent of the City. The City Manager shall have a term and the powers and
duties as set forth in Chapter 6 of the Charter and as otherwise imposed under the Charter, State
law, this Code and Council resolution.
300.03. Cit.. The City Clerk is appointed by the Cily Manager for an indefinite
term. The City Clerk shall perform those duties imposed by State law, this Code, Council
Resolution and under the Charter. The City Clerk shall maintain City records, issue licenses and
permits, administer voter registration and election procedures, and maintain vital statistics
relating to the City. The City Clerk shall perform such other duties as may be assigned by the
City Manager.
300.05. Dir-eete-�of Finanee ' feasuferAdministrative Services Director. The Dir-eeteref
F;.,. nee T easur-erAdministrative Services Director is appointed by the City Manager for an
indefinite term, and shall perform those duties imposed by State law, this Code, Council
Resolution and under the Charter. The Dir-eete epee--feasero=Administrative Services
Director shall act as chief financial officer of the City and is responsible for the collection of City
Ordinance 2011-29
Page 23
revenues, the accounting for City funds, supervising the purchase of supplies and materials,
supervising the procedures relating to special assessments, and the preparation of audits at the
direction of the City Manager, and such other duties as may be assigned by the City Manager.
300.07. Criminal History Background. The Police Department is authorized to do a
criminal history background investigation on applicants for City employment. Before the
investigation is undertaken, the applicant must authorize the Police Department in writing to
undertake the investigation and to release the information to the City Manager, and other City
staff as appropriate. Should the City reject the applicant's request for employment due, partially
or solely, to the applicant's prior conviction of a crime, subject to the exception set forth in
Minnesota Statutes Section 364.09, the City Manager shall notify the applicant in writing of the
following:
(a) The grounds and reasons for the denial;
(b) The applicable complaint and grievance procedure set forth in Minnesota Statutes
Section 364.06;
(c) The earliest date the applicant may reapply for employment; and
(d) That all competent evidence of rehabilitation will be considered upon
reapplication.
(Ord. 95-30, 6/06/95)
Section 6. Amendment. Section 305 of the City Code (Administrative Code; Boards and
Commissions, and Committees) is amended to read as follows:
305.01. Generally. The Council performs the duties and exercises the powers of
administrative boards or commissions. However, the Council may establish boards or
commissions as set forth in this Section to investigate subjects or to perform quasi-judicial
functions. Additional administrative boards or commissions shall be established as required by
law or for the administration of a municipal function jointly shared with another political
subdivision.
305.03. Planning Commission. Subdivision 1. Commission Established. The Planning
Commission is established pursuant to the Mina,—sota-Municipal Planning Enabling Act,
Minnesota Statutes Chapter 462, and has the powers and duties assigned to it by that Act and by
this Code, State law and the Charter. The Planning Commission is hereby designated the
planning agency of the City pursuant to the Municipal Planning Enabling Act.
Subd. 2. Membership. The Planning Commission consists of seven members appointed
in the manner set forth in this Subsection. One member of the Commission is to be appointed
from each ward in the City. Three members of the Planning Commission are appointed from the
Ordinance 2011-29
Page 24
City at large. Members of the Commission are appointed by the Council for staggered terms of
three years, expiring on January 31 st of each year.
Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Planning
Commission are appointed by the Commission from among the members of the Commission,
subject to approval by the Mayor, for a term of one year. The Commission shall adopt its own
rules and procedures with the approval of the Council. All members of the Commission may
vote on all questions before the Commission. No member of the Commission may vote on any
question in which the member is directly or indirectly interested. The Commission shall
determine by rules the date and time of its meetings and shall set such public hearings as are
necessary and desirable or required by law or this Code.
Subd. 4. Powers and Duties. The Planning Commission shall have the powers and duties
allowed under the Charter and State law, including:
(a) To prepare a Comprehensive Plan for the future development of the City
to be submitted to the Council for implementation and to recommend
amendments of the Plan to the Council periodically as may be
necessary or desirable.
(b) To initiate, direct, and review, from time to time, a study of the provisions
of the Zoning Ge&Ordinance and the subdivision regulations and to report to the
Council its advice and recommendations with respect thereto.
(c) To study applications and proposals for amendments to the Zoning
Ge&Ordinance and applications for special permits and to advise the Council of
its recommendations thereon.
(d) To study preliminary and final plats and to advise the Council of its
recommendations thereof.
(e) To act in an advisory capacity to the Council in all matters wherein powers
are assigned to the Council by the Charter or state law, concerning comprehensive
planning, zoning, platting, changes in streets, and other matters of a general
planning nature.
305.05. Park and Recreation Commission. Subdivision 1. Creation. There is established
a Park and Recreation Advisory Commission for the City.
Subd. 2. Membership. The Park and Recreation Advisory Commission consists of seven
members appointed in the manner set forth in this subsection. One member of the Commission
is to be appointed from each ward in the City. Three members of the Commission are appointed
from the City at large. These members are appointed by the Council for staggered terms of three
years expiring on January 31" of each year. (Ord. 2003-14, 5/2712003; Ord. 2003-23,
07/22/2003; Ord. 2007-02, 1109/2007)
Ordinance 2011-29
Page 25
Subd. 3. Officers, Meetings. The Chairperson of the Commission shall be appointed by
the Commission from among the members of the Commission, subject to the approval of the
Mayor, for a term of one year. The Commission shall adopt its own rules and procedures with
the approval of the Council. All members of the Commission, including the Chairperson, may
vote on any questions before the Commission, except that no member of the Commission shall
partake in any discussion on or vote upon any question in which he or she is directly or indirectly
interested. The Commission shall determine the date and time of meetings and shall set such
public hearings as are necessary and desirable, or required by law, this Code or the Charter.
Subd. 4. Powers and Duties. The Park and Recreation Advisory Commission shall have
the powers and duties allowed under the Charter and State law, including:
(a) To hold meetings of its members, to consider such matters pertaining to
parks and public recreation programs in the City as shall be referred to the
Commission by the Council, or as the members of the Commission themselves
deem proper.
(b) To prepare a comprehensive plan for the future development of the City
park and recreation system, to be submitted to the City Council for
implementation, and to maintain said plan, and recommend amendments of the
plan to the City Council, as may become necessary or desirable.
(c) To act in an advisory capacity to the Council in all matters relating to a
park and recreation program in the City.
Subd. 5. Reports. The Commission shall make an annual written report to the Council,
not later than the last day of February of each calendar year, containing the Commission's
recommendations for the ensuing year.
305.07. Board of Adjustments and Appeals. Pursuant to Minnesota Statutes, Section
462.354, a Board of Adjustments and Appeals is hereby established. The Gity Council shall
serve as the Board of Adjustments and Appeals. The Planning Commission shall conduct
required hearings for the Board and make recommendations to it on all variance applications.
305.09. Removal of Appointees to Boards and Commissions. A member of any advisory
board or commission appointed pursuant to the provisions of this Section or the Zoning
CbdeOrdinance may be removed at any time by the Council.
305.11. Human Rights Committee. Subdivision 1. Committee Established. The Human
Rights Committee is established.
Subd. 2. Membership. The Human Rights Committee consists of seven members
appointed from the City at large. Members of the Committee shall be appointed by the City
Council for staggered terms of three years, expiring on January 31 of each year.
Ordinance 2011-29
Page 26
Subd. 3. Officers, Meetings. The Chairperson and Vice Chairperson of the Human
Rights Committee shall be appointed by the Committee from among the members of the
Committee, subject to the approval of the Mayor, for a term of one year. The Committee shall
adopt its own rules and procedures with approval of the Gity Council. All members of the
Committee, including the Chairperson, may vote on any question before the Committee. No
member of the Committee shall pass upon any question in which he or she is directly or
indirectly interested. The Committee shall determine the date and time of meetings and shall set
such public hearings as are necessary and desirable, or required by law or the City Code or City
Charter.
Subd. 4. Powers and Duties. The Human Rights Committee has the following powers
and duties:
(a) To hold meetings of its members, to consider such matters pertaining to
human rights in the City as shall be referred to the Committee by the Gity Council
or which are contained in a work plan approved by the Givy Council.
(b) Prepare a plan, for consideration by the Gity Council, for providing liaison
between local government, state government and other voluntary organizations on
matters relevant to human rights.
(c) To act in an advisory capacity to the Council in all matters relating to
human rights.
(d) To prepare an annual written report to the Council no later than the last
day of February of each calendar year, outlining the Committee's activities over
the past year and outlining those activities for the coming year.
Subd. 5. Annual Review of the Pl3nouth Human Rights Committee. The Git-)-Council
shall annually review the performance of the Plymouth Human Rights Committee. The
Committee must demonstrate that its activities and accomplishments fulfill the duties set out for
the Committee in the City Code. The Gity-Council may dissolve the Plymouth Human Rights
Committee if the Committee has not met the duties set forth in the City Code.
305.13. Resignations and Removal from Commissions or Committees. Commission or
Committee members may resign voluntarily or may be removed from office by a majority vote
of the City Council. Any vacancy in any advisory board, commission, or committee shall be
filled by appointment with a majority vote of the Gity Council. Vacancies shall be announced in
the City's official newspaper and posted within the City Hall. Applications shall be available at
the City Clerk's office and shall be forwarded within a time to be prescribed to the Git-y Council.
305.15. Compensation. Commission and Committee members shall serve without
compensation.
(Ord. 2003-23, 7/2212003; Ord. 2007-02,110912007; Ord. 2011-10, 4112/2011)
Ordinance 2011-29
Page 27
Section 7. Amendment. Section 310 of the City Code (Administrative Code;
Departments) is amended to read as follows:
310.01. City Police Department. Subdivision 1. Creation. There is hereby created a City
Police Department for the City ef P!5%neuth.
Subd. 2. Purpose. The Ddepartment shall be 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.
Subd. 3. Ghief 4 Police Chief. The Police Department shall be under the direct
supervision of the Police Chief who shall be responsible to and under the direct supervision of
the City Manager.
Subd. 4. Personnel. The Police Department consists of a Police Chief and such other
members as may be determined from time to time. The Police Chief and other personnel of the
Police Department are appointed by the City Manager for an indefinite period. All members e€
the Police Department employees sube,.ainate to the Pokee Chief shall obey the instructions of
the Police Chief and any superior officer.
Subd. 5. Duties of Police Chief. The Police Chief shall be responsible to the City
Manager for all aspects of public safety relating to the fair and just enforcement of all laws,
Charter provisions, statutes, and ordinances and the preservation of justice, law and order in the
City; for developing and implementing selection procedures for personnel of the department.
310.02. City Fire Department. Subdivision 1. Creation. There is hereby created a City
Fire Department for the City of Dia .
Subd. 2. Purpose. The Ddepartment shall be responsible for the prevention and
suppression of fires, the protection of life and property against fire, and the rendering of
emergency services.
Subd. 3. Fire Chief. The Fire Department shall be under the direct supervision of the
Fire Chief who shall be responsible to and under the direct supervision of the City Manager.
Subd. 4. Personnel. The Fire Department consists of a Fire Chief and such other
members as may be determined from time to time. The Fire Chief and other personnel of the
Fire Department are appointed by the City Manager for an indefinite period. All members�
Fire Department employees &uheFdinaNke4heT4Fe49hief shall obey the instructions of the Fire
Chief and any superior officer.
Subd. 5. Duties of Fire Chief. The Fire Chief shall be responsible to the City Manager
for all aspects of public safety relating to developing and implementing procedures and policies
Ordinance 2011-29
Page 28
pertaining to all fire activities, and for developing and implementing selection procedures for
personnel of the department.
Subd. 6. Relief Association. The members of the Fire Department may organize
themselves into a Firefighters Relief Association.
(Ord. 2001-08, 212712001)
Section 8. Amendment. Section 315 of the City Code (Disposition of Unclaimed
Property) is amended to read as follows:
315.01. Abandoned Motor Vehicles. Subdivision 1. Impoundment and Sale. The City
Police Department shall take into custody and impound any abandoned motor vehicle as defined
by Minnesota Statutes, Section 16813.02, Subd.ivisiee 2, as amended. It shall give notice of the
taking as provided by law and if the owner or any lienholder does not reclaim the vehicle within
the period provided by law, it shall provide for the sale of the vehicle to the highest bidder at
public auction or sale following two weeks' published notice. (Ord. 2001-08, 212712001)
Subd. 2. Summary Action in Certain Cases. When an abandoned motor vehicle is more
than seven model years of age, is lacking vital component parts, and does not display a license
plate currently valid in Minnesota or any other state or foreign county, it shall immediately be
eligible for sale under Subdivision 1 of this Section and shall not be subject to the notification,
reclamation, or title provisions of Minnesota Statutes 168B.01 to 168B.101, as amended.
Subd. 3. Disposition of Proceeds. The proceeds of the sale of an abandoned motor
vehicle shall be placed in the general fund of the City. If the former owner or entitled lienholder
makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of
the sale, he shall be paid the proceeds of the sale of the vehicle less the cost of towing,
preserving, and storing the vehicle and all administrative, notice and publication costs incurred in
its handling.
315.03. Other Abandoned Property. Subdivision 1. Procedure. All other property
lawfully coming into the possession of the City shall be disposed of as provided in this Section.
Subd. 2. Stora e. The department of the City acquiring possession of the property shall
arrange for its storage. If City facilities for storage are unavailable or inadequate, the department
may arrange for storage at privately owned facilities.
Subd. 3. Claim by Owner. The owner may claim the property by exhibiting satisfactory
proof of ownership and paying the City any storage or maintenance costs incurred by it. A
receipt for the property shall be obtained upon release to the owner.
Subd. 4. Sale. If the property remains unclaimed in the possession of the City for 60
days, the property may be used by the City for its own purposes or may be sold to the highest
Ordinance 2011-29
Page 29
bidder at a public auction conducted by the Cif Police Chief of the City after two weeks'
published notice setting forth the time and place of the sale and the property to be sold.
Subd. 5. Disposition of Proceeds. The proceeds of the sale shall be placed in the general
fund of the City. If the former owner makes application and furnishes satisfactory proof of
ownership within six months of the sale, he shall be paid the proceeds of the sale of his property
less the costs of storage and the proportionate part of the cost of published notice and other costs
of the sale.
Section 9. Repeal. Section 320 of the City Code (Public Works Reserve Fund) is hereby
repealed:
Section 10. Amendment. Section 325 of the City Code (Tax Levies) is amened to read as
follows:
41
Section 10. Amendment. Section 325 of the City Code (Tax Levies) is amened to read as
follows:
Ordinance 2011-29
Page 30
325.01. Increase in Tax Rate. A two thirds majority of all members of the City Council is
required to adopt a tax levy resolution that increases the City's tax rate over the prior year. Tax
rate means the quotient derived by dividing the City's tax levy by the City's net tax capacity.
325.03. Repeal. This Section may not be repealed or amended until after a public hearing
has been held by the Gity Council. A notice of the time, place, and purposes of the hearing shall
be published in the City's official newspaper twice. The two publications shall be a week apart
and the hearing shall be at least three days after the last publication. A repealing ordinance shall
not take effect for a period of one year after its adoption.
(Ord. 98-45, 12/16198)
Section 11. Amendment. Section 400 of the City Code (Building Code) is amened to
read as follows:
400.01 Building Code. The Minnesota State Building Code, established pursuant to
Minnesota Statutes 326B is hereby adopted as the building code for the City of Plymouth. The
code is hereby incorporated as completely as if fully set out herein.
A. The Minnesota State Building Code includes the following chapters of Minnesota
Rules:
1. 1300, Minnesota State Building
CodeAdministration;
2. 1301, Building Official Certification;
3. 1302, State Building Code Construction Approvals;
4. 1303, N4iresetaSpecial Provisions;
5. 1305 Adoption of the 2006 International Building Code;
-56. 1306, Special Fire Protection Systems;
67. 1307, Elevators and Related Devices;
-78. 1309, Adoption of the 2006 International Residential Code;
69. 1311, Adoption of the 2000 Guidelines for the Rehabilitation of Existing
Buildings;
910. 1315, Adoption of the 2011 National Electrical Code;
4-811. 1322, Residential Energy Code;
4-4-12. 1323, Commercial Energy Code;
4-213. 1325, Solar Energy Systems;
4414. 1335, Floodproofing Regulations;
4415. 1341, Minnesota Accessibility Code;
4-516. 1346, Adoption of the M' seta State Meeh fliealCod 2006
International Mechanical and Fuel Gas Codes;
4-617. 1350, Manufactured Homes;
418. 1360, Prefabricated Structures;
4419. 1361, Industrialized/Modular Buildings;
4-920. 1370, Storm Shelters (Manufactured Home Parks);
Ordinance 2011-29
Page 31
2-021. 4715, Minnesota Plumbing Code;
(Ord. 2006-20, 7/11/2006; Ord. 2007-18, 7/24/2007, Ord. 2009-01, 1/13/2009; Ord. 2009-06,
5/12/2009; Ord. 2011-24, 8/09/2011)
400.03 Application. Administration and Enforcement. The application, administration,
and enforcement of the code shall be in accordance with the Minnesota State Building Code.
The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute,
326B.121, Subdivision 2(d), when so established by this ordinance. The Building Inspection
Division is the code enforcement agency for the City of Plymouth, including electrical
inspections and permits. This code shall be enforced by the Minnesota Certified Building
Official designated by the City of Plymouth to administer the code in accordance with Minnesota
Statute 326B.133, Subdivision 1. (Ord. 2006-15, 6/27/2006; Ord. 2009-01, 1/13/2009)
400.05 Violations and Penalties. A violation of the code is a misdemeanor (Minnesota
Statute 326B.082, Subdivision 16) and Minnesota Rules, Chapter 1300. (Ord. 2009-01,
1/13/2009)
400.07 Permit and Fees. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Rules Chapter 1300. Permit fees shall be assessed for work governed
by this code in accordance with the fee schedule adopted in Section 1015 of the Plymouth City
Code. In addition, a surcharge fee shall be collected on all permits issued for work governed by
this code in accordance with Minnesota Statute 326B.148. (Ord. 2009-01, 1/13/2009)
400.09 The Minnesota State Building Code includes the following chapters of Minnesota
Rules:
(1) Chapter 1306, Special Fire Protection Systems.
(2) Chapter 1335, Flood Proofing Regulations, Parts 1335.0600 to 1200.
(3) Appendix Chapter J (Grading), of the 2006 International Building Code.
The following optional provisions identified in Section 400.09 (1) are hereby adopted and
incorporated as part of the building code for the City of Plymouth.
1. 1306.0020, Subpart 3.
(Ord. 2007-18, 7/24/2007)
400.11. Numbering of Houses and Buildings. Subdivision 1. Numbers Required. Each
owner and each and every occupant of a house or commercial building in the City shall place on
the front of each such house or commercial building, house or building numbers in accordance
with the instructions of the Building Official and in conformance with the following:
Ordinance 2011-29
Page 32
(a) Address numerals of one and two family dwellings shall be at least four
inches in height; shall be of durable materials; shall be of contrasting color to the
base to which they are attached.
(b) Address numbers or identification for all other dwelling buildings and
complexes, public buildings, commercial buildings and industrial buildings shall
conform with the above criteria, except that the Building Official may require
numerals exceeding four inches in height.
(c) Address numbers or identification shall be placed so to be directly and
conveniently visible from public access to the facility.
(1) In the case of one and two family units, the addressing shall be
attached to the building at the front entrance or such other location
approved or required by the Building Official.
(2) In the case of multiple dwelling and townhouse complexes,
approved addressing shall be attached to the buildings at the main entrance
nearest and adjoining driveway, public or private street or at such other
location(s) as directed by the Chief Building Official. In the case of
dwelling complexes which may be assigned a common address,
addressing shall be displayed in a manner approved by the Building
Official at the main entrance(s) to the complex.
(3) In the case of individual detached commercial and industrial
establishments, addressing shall be attached to the building at the front
entrance or at such other location as may be required by the Building
Official.
(4) In the case of attached commercial and industrial establishments,
clustered in a complex or in a multi -tenant building, approved addressing
shall be attached to the building at the main entrance(s) to the
establishment(s), nearest to the adjoining driveway, public or private
street, and at such other location(s) as directed by the Building Official. In
the case of complexes or multi -tenant buildings which may be assigned a
common address, addressing shall be displayed in a manner approved by
the Building Official at the main entrance(s) to the complex.
(5) Individual dwelling units in multi -family dwellings, and individual
tenant areas in multi -tenant commercial and industrial buildings, which
have entrances not facing on adjoining public or private street or driveway,
shall have permanent, approved addressing placed at each entrance to said
dwelling or tenant area. In the case of multi -story buildings, said
addressing shall be sequential, corresponding with the respective floor or
level.
Ordinance 2011-29
Page 33
Subd. 2. Certificate of Occupancy. No Certificate of Occupancy shall be issued for a
structure not in compliance with this Subsection.
Subd. 3. Duties of Inspector; Enforcement. It is the duty of the Building Official to
enforce this section. The Buildin Official shall give the owner or occupant of any house or
commercial building which does not conform with this section 15 days written notice within
which to comply with the terms thereof.
400.13. Building Permits; Required Information. Each application for a building permit
shall be accompanied by a site plan, drawn to scale and based upon a certified land survey which
shall include the following:
(a) All existing buildings with dimensions of each and the distance measured
perpendicular from the lot lines and from any wetlands or wetland buffers (when
applicable) to the nearest point of each building. (Ord. 2009-08, 5/12/2009)
(b) All proposed buildings with dimensions of each and distance measured
perpendicular from the lot lines and from any wetlands or wetland buffers (when
applicable) to the nearest point of each building. (Ord. 2009-08, 5/1212009)
(c) Elevations to sea level datum of the center line of the nearest street at
points where the side line of proposed buildings extended intersect said street.
(Ord. 2009-08, 5/12/2009)
(d) Proposed elevations to sea level datum of the top of foundation, garage
floor and the lowest floor.
(e) The approved lowest floor minimum elevation shall be no less than two
feet above the established 100 -year flood plain elevation as determined by the
City Storm Water Drainage Plan and/or the Federal Flood Insurance Map, subject
to approval by the City Engineer. (Ord. 2003-22, 7/22/2003; Ord. 2009-08,
5/12/2009)
(f) Existing and proposed elevations to sea level datum of grade at each
property corner and within five feet of foundation on all sides of proposed
buildings. (Ord. 2009-08, 5/12/2009)
(g) Proposed slope or grade of ground for a distance of not less than 25 feet in
front of and in back of foundation.
(h) Elevation to sea level of sanitary sewer main, if existing, at point of
connection.
(i) All existing utilities, easements, drainageways, waterways, ponds, and
wetlands on or within the property, including the location and elevation of all
emergency overflows. (Ord. 2002-10, 3/12/2002; Ord. 2009-08, 5/12/2009)
Ordinance 2011-29
Page 34
0) Indication and notation of any proposed or approved variances. (Ord.
2009-08, 5/12/2009)
(k) For single- and two-family dwellings, the location of an attached or
detached garage, containing at least one parking stall, which could be built in
addition to the dwelling within ordinance setback standards. (Ord. 2009-08,
5/1212009)
(1) Certification that the building, proposed site grading, and erosion control
measures are in accordance with the City-wide storm water drainage plans and/or
grading plans approved by the City Engineer for the specific development or
subdivision. (Ord. 2009-08, 5/12/2009)
(m) Certification that permanent iron monuments are in place at each lot
corner.
(n) Indication that permanent iron monuments are placed on each side of the
lot a distance from the front lot line equivalent to the proposed front building
setback line. In the event the distance from the side line to the proposed building
is greater than 30 feet, stakes shall be placed on the front building line a distance
not to exceed 30 feet from the proposed building. (Ord. 2009-08, 5112/2009)
(o) Location of existing buildings on adjacent properties, within 25 feet of the
lot lines, to include top of foundation elevation and distance to front and side lot
lines. (Ord. 2009-08, 5/1212009)
(p) Location of all proposed decks, porches, stairways, cantilevers, fireplaces,
bay and bow windows.
(q) Location and elevation of all sanitary and storm sewer manholes, hydrants
and catch basins.
(r) The location of all proposed driveways, curb cuts, and retaining walls,
including proposed driveway slope and height of retaining wall.
(s) Indication, with arrows, the direction of proposed surface drainage in
accordance with the City-wide storm water drainage plans and/or grading plans
approved by the City Engineer for the specific development or subdivision.
(t) For properties which abut lakes and/or ponds, indicate by contour line, the
ordinary high water level (OHWL) elevation and distance to the nearest point of
the proposed building. (Ord. 2009-08, 5112/2009)
(u) Proof proposed building is located on parcel of land abutting on a street or
highway which said street or highway has been approved by the City, and
Ordinance 2011-29
Page 35
otherwise meets the requirements of Minnesota Statutes Section 462.358, as
amended. (Ord. 94-22, 11/21/94; Ord. 2009-08, 5/12/2009)
(v) Location of erosion control devices, including any permanent or
temporary erosion control measures shown on the approved grading plan. (Ord.
95-17, 3121195; (Ord. 2009-08, 5112/2009)
(w) If the lot is subject to the City's wetland buffer regulations (subdivided
after January 3, 1995), indicate the location of the designated wetland buffer area
as shown on the approved grading plan, together with the location of permanently
installed wetland buffer monument signage. (Ord. 96-26, 10/02/96; Ord. 2009-
08, 5/12/2009)
(x) Location of all rain gardens when required. (Ord. 2002-10, 3/12/2002)
(y) For properties located within a shoreland management overlay district,
provide calculations indicating the total percentage of impervious surface area
coverage. (Ord. 2003-22, 7/22/2003; Ord. 2009-08, 5/12/2009)
(z) If the lot is subject to the City's tree preservation regulations, indicate the
construction zone and areas of tree removal and tree preservation. (Ord. 2009-08,
5/12/2009)
(aa) For single- and two-family dwellings, indicate the location, size, and
species of the two required trees, pursuant to Section 21130.03 of this Code.
(Ord. 2009-08, 5/12/2009)
400.15. Installation of Devices that Convey Ground Water. All drain tile and sump
systems, sumps, or other system or device designed to collect and convey storm water, surface
water, ground water, roof water runoff, subsurface drainage, cooling water, or unpolluted
industrial process water which are installed with new construction or in conjunction with
remodeling of existing structures shall be constructed in a permanent manner so as to discharge
the water to the Storm Water Drainage System. The installation shall be done in a manner so that
such waters are not conveyed, directed, or discharged into the municipal sanitary sewer.
400.17. Structures Abutting Water Storage Areas; Requirements. An "as built" survey,
certified by a Minnesota registered Civil Engineer or Surveyor, shall be submitted to the
Building Official indicating the elevation of the lowest floor level and the top of the installed
foundation wall for those sites which abut lakes, ponds, streams, and/or surface water drainage
routes as shown on the City's storm water drainage plan or final grading plan and therefore are
deemed to be subject to flooding and high water damage. The survey and certification shall be
compared to the established minimum elevations and approved by the Building Official prior to
any further construction above the foundation wall. Should the submitted survey data indicate
that the installed floor elevation would be less than the approved required elevation, the Building
Official shall require appropriate corrective measures before any further construction beyond the
foundation walls is permitted.
Ordinance 2011-29
Page 36
400.19. Final Inspections. Subdivision 1. Certification. Final inspections and
authorization of occupancy of all new Buildings shall be performed upon receipt of written
certification by an engineer or land surveyor registered in Minnesota that the grades and
elevations of the site and Building are in accordance with the approved plans.
Subd. 2. Extensions. In those situations where the City Manager, or such city employee
designated by the City Manager, determines that the certification required by Subdivision 1 is not
feasible due to weather conditions or other circumstances preventing action from being taken, the
permittee, prospective owner, or prospective occupant may, in lieu of the certification, submit an
agreement, acceptable to the City Manager, agreeing to provide the certification no later than six
months from the date of the agreement. The permittee, prospective owner, and/or prospective
occupant shall hold the City harmless from any conditions relating to the grading and elevation
of the site and shall bear all costs associated with correcting the grading and elevations, if
necessary, to conform with the approved plans and all costs, including legal fees, incurred by the
City in collecting costs due hereunder. If permittee, prospective owner and/or prospective
occupant or their successors or assigns fail to pay costs incurred under this Subdivision, the City
may either bring legal action or specially assess the effected property. The permittee, prospective
owner and/or prospective occupant shall enter into an Agreement setting forth the terms of this
Subdivision.
(Ord. 2003-22, 7/22/2003)
Section 12. Amendment. Section 405 of the City Code (Property Maintenance) is
amended to read as follows:
405.01. Maintenance Code. The International Property Maintenance Code, 2000 Edition, is hereby
adopted by reference and incorporated herein, subject to the amendments set forth in this Chapter.
405.02. Deletions. The following sections of the International Property Maintenance Code are
deleted: 103.2; 103.3; 108.4-108.5; 110.4; 111.4.1 through 111.8; 302.8; 302.9; 305.3.1; 305.3.2;
404.5.1 through 404.6; 502.3; 502.4; 502.4.1; 503.3; 602.4; 603.2 (exception).
405.03. Amendments. The following sections of the International Property Maintenance Code are
amended to read as follows:
10 1. 1 Title. For the purposes of this article, these regulations shall be known as the
Property Maintenance Code of the City of Plymouth, hereinafter referred to as "this code".
102.2 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. Equipment, systems, devices, and
safeguards shall not be shut off except as required to facilitate repairs. No owner, operator or
occupant shall cause any service, facility, equipment or utility which is required under this article
to be removed from or shut off from or discontinued for any occupied structure or dwelling,
except for such temporary interruption as may be necessary while repairs or alterations are in
Ordinance 2011-29
Page 37
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 owner's designated agent shall be responsible for the
maintenance of buildings, structures and premises.
102.3 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
Minnesota State Building Code, the Plymouth City Code or the Plymouth Zoning Ordinance.
102.7 Referenced Codes and Standards. All references to other codes or standards
within this code shall mean the applicable provisions of the Plymouth City Code, the Plymouth
Zoning Ordinance, or the Minnesota State Building Code, whichever is the most restrictive
requirement permitted under statute.
103.1 Enforcement. The Building Inspection Division of the City is responsible for
administering the provisions of this code, and the Building Official in charge shall be known as
the code official.
103.6 Fees. The fees for activities and services performed by the department carrying
out its responsibilities under this code, shall be set forth in Chapter X.
106.3 Prosecution of Violation. Subject to applicable court rules, the charging authority
may, in the exercise of his or her discretion, charge any person failing to comply with a notice of
violation or order served in accordance with Section 107 with an ordinance violation, and the
violation shall be deemed a strict liability offense. If the notice of violation is not complied with,
the code official may institute the appropriate proceeding at law or in equity to restrain, correct
or abate such violation or to require the removal or the termination of the unlawful occupancy of
the structure in violation of the provisions of the code or of the order or direction made pursuant
thereto.
108.1 General. When a structure or equipment is found by the code official to be found
unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such
structure may be condemned pursuant to the provisions of this code.
108.1.3 Structure Unfit for Human Occupancy. Any structure, dwelling, dwelling unit or
rooming unit or portion thereof which is damaged, decayed, dilapidated, unsanitary, unsafe,
vermin or rodent infested or which lacks provisions for basic illumination, ventilation or sanitary
facilities to the extent that the defects create a hazard to the health, safety, or welfare of the
occupants or of the public may be declared unfit for human occupancy. Whenever any structure,
dwelling, dwelling unit or rooming unit has been declared unfit for human occupancy, the code
official shall order same vacated within a reasonable time and shall post a placard on same
indicating that it is unfit for human occupancy, and any operating license previously issued for
such dwelling shall be revoked pursuant to law.
108.1.4 Prohibited Occupancy. It shall be unlawful for any structure, dwelling, dwelling
unit or rooming unit or portion thereof to be used for human occupancy until the defective
conditions have been corrected and written approval has been issued by the code official. It shall
be unlawful for any person to deface or remove the declaration placard from any such structure
dwelling, dwelling unit or rooming unit.
108.2 Hazardous and Substandard Buildings. Hazardous and substandard buildings shall
be abated in accordance with Minnesota ate Statutes 463.15 et seq.
108.3 Securing Vacant Buildings. Vacant buildings may be secured in accordance with
Minnesota State Statutes 463.251.
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111.2 Board of Appeals Decision. The board shall consider all relevant evidence,
documents and verbal presentations submitted during the hearing from the appeals
applicant and the code official. Within 15 days following the appeal hearing, the board
shall notify the applicant and code official in writing of their decision.
111.3 Limitations of Authority. The board shall have no authority to approve a
condition or waive any requirements that would create a violation of the Minnesota State
Building or Fire Codes.
111.4 Stays of Enforcement. Appeal requests, except for imminent danger or hazardous
building orders, shall stay the enforcement of the notice and order until the board has
notified the applicant and code official in writing of a decision on the appeal.
SECTION 201
GENERAL
201.3 Terms Defined in Other Codes. Where terms are not defined in this code and are
defined in the Plymouth City Code, the Plymouth Zoning Ordinance or the Minnesota State
Building Code, such terms shall have the meanings ascribed to them in those codes.
SECTION 202
GENERAL DEFINITIONS
Accessory Building, Structure, or Use. A subordinate building, structure, or use which is
located on the same lot on which the principal building or use is situated and which is reasonably
necessary, appropriate and incidental to the conduct of the primary use of such building or main
use.
Code Official. The official charged with the administration and enforcement of this code,
or any duly authorized representative. For the purpose of administration and enforcement of this
code, the Building Official shall be the code official.
Condominium Dwelling Unit. A unit in a dwelling in which there are two or more units
where each unit is separately owned and each unit owner holds a proportional interest in certain
common areas. Wherever the term "dwelling unit" is used, it shall also include a Condominium
Dwelling Unit.
Dwelling. A building or portion thereof, designated exclusively for residential
occupancy, but not including hotels, motels, nursing homes, boarding or rooming houses, tents,
seasonal cabins, or motor homes or travel trailers.
Dwelling Unit. A residential building or portion thereof intended for occupancy by one
(1) or more persons with facilities for living, sleeping, cooking and eating, but not including
hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes,
or travel trailers.
Garbage. Animal and vegetable wastes and other wastes or putrescible matter including
but not limited to grease, wrappings, shells, grounds, bones, entrails, and similar materials
resulting from the handling, preparation, cooking, service and consumption of food, and other
animal wastes.
Habitable Room. A room or enclosed floor space used or intended to be used for living,
sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments,
laundries, furnace rooms, unfinished basements, (those without required ventilation, required
Ordinance 2011-29
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electrical outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of
floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops,
hobby and recreation areas in parts of the structure below ground level or in attics.
Permissible Occupancy. The maximum number of persons legally permitted to reside in
a dwelling unit or rooming unit.
Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat.
Rubbish. Waste products which are composed wholly or partly of such materials as
garbage, sweepings, swill, cleanings, trash, refuse, litter, industrial solid wastes or domestic solid
wastes; organic wastes or residue of animals, fruit, or other vegetable or animal matter from
kitchen, dining room, market, food establishment or any place dealing or handling meat, fowl,
fruit, grain or vegetables; offal, animal excrete, or the carcass of animals; tree or shrub trimmings
(greater than % inch in diameter), or grass clippings; brick, plaster, wood, metal, roofing
materials, pipe or other waste matter resulting from the demolition, alteration or construction of
buildings or structures; accumulated waste materials, cans, used containers, boxes and packing
materials, junk vehicles, ashes, tires, junk, Christmas trees, rocks, sod, dirt, glass, jars, bottles,
auto parts, cement brick, leaves, burn barrels, household appliances, furniture, toys, floor
coverings, fabric, drain oil, solvents and fluids, or other such substances which may become a
nuisance.
SECTION 302
EXTERIOR PROPERTY AREAS
302.2.1. Yard Cover. Every yard of a premises on which a dwelling stands shall be
maintained to prevent dust and erosion.
302.3.1. Removal of Snow and Ice. The owner of any rental dwelling shall be
responsible for the removal of snow and ice from parking lots and/or driveways, steps and
walkways on the premises within 48 hours after cessation of the snowfall in accordance with
Section 820 of the City Code and supplemented by this provision.
302.3.2. Maintenance of Driving and Parking Areas. The owner of a multiple family
dwelling or dwellings shall be responsible for providing and maintaining in good condition,
paved and delineated parking areas and driveways for tenants.
302.3.3. Exterior Lighting. The owner of a rental dwelling or dwellings shall be
responsible for providing and maintaining effective illumination in all exterior parking
areas and walkways.
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or
plant growth in excess of 8 inches in accordance with Section 810 of the City Code. All
noxious weeds shall be prohibited.
302.7.1 Gates. Gates which are required to be self-closing and self -latching in
accordance with the Minnesota State Building Code shall be maintained such that the gate will
positively close and latch when released from a still position of 6 inches (152 mm.) from the gate
post.
SECTION 303
EXTERIOR STRUCTURE
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303.5 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. Every exterior wall shall be free of structural deterioration or any other
condition which might admit rain or dampness to the interior portion of the walls or to the
interior spaces of the structure or dwelling.
303.10.1 Guards. Every open portion of the stair, landing, balcony, porch, deck, ramp or
other walking surface which is more than 30 inches above the floor or grade below shall have
guards. Guards shall not be less than 36 inches high above the floor of the landing, balcony,
porch, deck, ramp or other walking surface.
Exception: The top of guard rails for stairways, exclusive of their landings, may have a
height as specified in the Minnesota State Building Code.
303.10.2 Handrails. Every exterior flight of stairs serving any building or portion
thereof having more than three risers shall have a handrail on at least one side of the stair.
Handrails shall comply with the requirements of the State Building Code.
303.13.2 Window Locks. Every window other than a fixed window, located in whole or
in part within 8 feet above ground level or a walking surface below providing access to a
dwelling unit or rooming unit shall be equipped with window sash locking devices.
303.14 Insect Screens. 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 tight fitting screens of not less than 16 mesh
per inch. Every swinging door shall also have a self-closing device in good working condition.
303.15.1 Door Locks. No person shall rent or let to another for occupancy any dwelling,
dwelling unit or rooming unit unless all exterior doors of the dwelling, dwelling unit, or rooming
unit are equipped with safe, functioning locking devices. Multiple family dwellings shall have a
security system which maintains locked building entrances or foyer doors and locked doors
leading from hallways into individual dwelling units. Dead -latch type door locks shall be
provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and
with key cylinders on the outside of building entrance doors. Building entrance door latches
shall be of a type that are permanently locked. Every door that provides ingress or egress for a
dwelling unit within a multiple family dwelling shall be equipped with a lock that has a
deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door
shall be openable from the inside without the use of a key or any special knowledge or effort.
All multiple family dwellings in existence at the time this chapter is adopted; which were not
previously required to have such a security system, shall not be subject to the requirements of
this Section.
SECTION 304
INTERIOR STRUCTURE
304.4.1 Handrails. Every interior flight of stairs serving any building or portion thereof
having more than three risers shall have a handrail on at least one side of the stair. Handrails
shall comply with the requirements of the State Building Code.
304.5.1 Guards. Every open portion of the stair, landing, balcony, porch, deck, ramp or
other walking surface which is more than 30 inches above the floor or grade below shall have
guards. Guards shall not be less than 36 inches high above the floor of the landing, balcony,
porch, deck, ramp or other walking surface.
Ordinance 2011-29
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Exception: The top of guard rails for stairways, exclusive of their landings, may have a
height as specified in the Minnesota State Building Code.
SECTION 305
RUBBISH AND GARBAGE
305.2 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 as prescribed by
Chapter VI of the Plymouth City Code.
SECTION 401
GENERAL
401.3 Alternative Devices. In lieu of the means for natural light and ventilation herein
prescribed, artificial light or mechanical ventilation complying with the provisions of the
Minnesota State Building Code shall be permitted.
SECTION 404
OCCUPANCY LIMITATIONS
404.5 Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy
of any rental dwelling unit shall be determined as follows:
(a) For the first occupant, 150 square feet of habitable room floor space and for every
additional occupant thereof, at least 100 square feet of habitable room floor space.
(b) In no event shall the total number of occupants exceed two times the number of
habitable rooms, less kitchen, in the dwelling unit.
(c) Not more than one family, except for temporary guests, shall occupy a dwelling
unit.
An Owner or Operator may adopt standards that reduce the maximum allowed occupancy
of a dwelling unit from the standards set forth herein.
SECTION 503
TOILET ROOMS
503.4 Floor Surface. Every toilet room floor surface and bathroom floor surface shall be
constructed and maintained to be impervious to water and to permit such floor to be easily kept
in a clean and sanitary condition.
SECTION 505
WATER SYSTEM
505.1 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
Ordinance 2011-29
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showers shall be supplied with hot or tempered or cold running water in accordance with the
provisions set forth in the Minnesota State Plumbing Code.
SECTION 602
HEATING FACILITIES
602.2 Residential Occupancies. Dwellings shall be provided with heating facilities
capable of maintaining a room temperature of 68 degrees F in all habitable rooms, bathrooms
and toilet rooms based on the winter outdoor design temperature required for the locality by the
Minnesota State Building Code.
602.3 Heat Supply. Every owner and operator of any building who rents, leases, or lets
one or more dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or
implied to furnish heat to the occupants thereof shall supply heat during the period from
September October 15 to MayApril 15 to maintain a temperature of not less than 68 degrees F in
all habitable rooms, bathrooms and toilet rooms.
Exception: 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.
SECTION 603
MECHANICAL EQUIPMENT
603. 1.1 Appliance Testing. Central heating appliances shall be tested by a mechanical
contractor to verify that the appliance is in a safe working condition when evidence of
malfunction, corrosion, deterioration or excessive interior carbon monoxide is suspected.
SECTION 604
ELECTRICAL FACILITIES
604.2 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 Minnesota State Electrical
Code.
CHAPTER 7
FIRE SAFETY REQUIREMENTS
702.2 Aisles. The required width of aisles in accordance with the Minnesota State Fire
Code shall be unobstructed.
702.3 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 Minnesota State
Building Code.
702.4 Emergency Escape Openings. Required emergency in escape and rescue
openings shall be operational from the inside of the room without the use of keys or tools.
Bars, grills, 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
Minnesota State Building Code and such devices shall be releasable or removable from
Ordinance 2011-29
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the inside without the use of a key, or force greater than that which is required for normal
operation of the escape and rescue opening. Where such bars, grills, grates, or similar
devices are installed in existing buildings, smoke detectors shall be installed in
accordance with Section 704.
704.1 Smoke Detectors. Existing Group R occupancies not already provided with
single, station smoke alarms shall be provided with approved single -station smoke alarms.
Smoke detectors shall be installed on each floor of residential buildings in accordance with the
Minnesota State Fire Code.
704.4 Maintenance. Smoke alarms shall be maintained in an operative condition at all
times, and shall be replaced or repaired where defective.
CHAPTER 8
REFERENCED STANDARD
800 GENERAL REFERENCES
Whenever this code refers to the International Codes, such references shall be deemed to
be the comparable, applicable code as adopted by the State of Minnesota. Whenever this code
shall refer to the International Zoning Code, such references shall be deemed to be the City of
Plymouth Zoning Ordinance.
(Ord. of 2004-24, 10/26/2004)
Section 13. Amendment. Section 410 of the City Code (Rental Licensing) is amended to
read as follows:
410.00. Purpose. It is the purpose of this ordinance to protect the public health, safety and
welfare of citizens of the City who have as their place of abode a living unit furnished to them
for the payment of a rental charge to another by adopting licensing regulations for all rental
dwellings in the city.
410.05. Definitions. For the purposes of Section 410.00 et. seq., the terms defined in this
section shall have the meanings given them in the subdivisions which follow:
Subd. 1. Rental Dwelling. As used in this ordinance the term "rental dwelling" shall
mean any rental dwelling with one or more living units. "Rental dwelling" does not include
hotels, motels, hospitals and homes for aged.
Subd. 2. Qperate. As used in this ordinance, the term 'operate" means to charge a rental
charge or other form of compensation for the use of a unit in a rental dwelling.
410.10. License Required. No person, firm, partnership, corporation or other legal entity
shall operate a rental dwelling in the City without first having obtained a license. The license is
issued each year and is valid until the date of expiration.
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410.15. Application for Licenses. Applications for licenses shall be made in writing on
forms provided by the City and accompanied by the fee amounts as established by the Qty
Council. Such application shall be submitted at least 60 days prior to the expiration date of the
license, and shall specify the following:
Subd. 1. Name, business or residence address and telephone number of the owner of the
dwelling. If the owner is a partnership, the name of the partnership, the name, residence address
of the managing partner, and the full name and address of all partners. If the owner is a
corporation, the name and address of the corporation, and the name and address of the chief
operating officer; in cases where the owner of a dwelling resides outside of the sixteen -county
metropolitan area consisting of the following counties: Hennepin, Rice, Wright, Anoka,
Washington, McLeod, Ramsey, Dakota, Scott, Carver, Sherburne, Isanti, Chisago, Sibley,
LeSueur and Goodhue; the owner's agent/contact person shall reside within the sixteen county
area.
Subd. 2. If the owner has appointed an agent authorized to accept service of process and
to receive and give receipt for notices, the name, business or residence address, and telephone
number of such agent.
Subd. 3. Every applicant, whether an individual, partnership, or corporation, shall
identify in the application, by name, residence or business street address and telephone number,
and a natural person who is actively involved in, and responsible for, the maintenance and
management of the premises. Said natural person shall, if other than the owner, affix his or her
notarized signature to the application, thereby accepting joint and several responsibility with the
owner (including any potential criminal, civil, or administrative liability) for the maintenance
and management of the premises. A post office box or commercial mail receiving service are not
acceptable as an address for such person. The individual designated herein may also be the
owner of the dwelling or an agent identified in subsection (2) above.
Subd. 4. Street address of the dwelling.
Subd. 5. Number and kind of units within the rental dwelling (dwelling units, tenement
units, rooming units or others). For each unit, specify the floor number, and the unit number
and/or letter and/or designation.
Subd. 6. In the event that any of the information required to be provided by this section
changes, the applicant or licensee shall, within 10 days, notify in writing the Code Official, or
hWhe-- designees of the change. However, if the natural person designated in subsection (3)
changes, the licensee or applicant shall file and entirely new application within 10 days.
Furthermore, for just cause, the Code Official, er- bis,%er-designee, may request that an applicant
or licensee complete and file a new or replacement application for any rental dwelling, giving the
licensee or applicant a minimum of 10 days to comply.
(Ord. 2008-14, 5/2712008)
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Page 45
410.20. Temporary Licenses. The Code Official may issue a temporary license to the
owner of a rental dwelling who has submitted an application and paid the license fee. A
temporary license shall authorize the continued occupancy of rental dwelling units in actual
existence, pending issuance of a rental dwelling license. A temporary license shall authorize the
continued occupancy of dwelling units converted to rental usage, which shall be inspected
pursuant to Section 410.32. A temporary license indicates only that the owner has submitted an
application for a license and paid the required fee, and that the license shall be issued or denied
after the building has been inspected for compliance with the minimum standards set forth in
Section 410.40. A temporary license is not a determination that the building complies with the
housing maintenance code or minimum standards set forth in Section 410.40. (Ord. 2008-14,
5/27/2008)
410.22 Mandatory Training. The owner or property manager of a rental dwelling must
complete Crime Free Multi Housing training offered by the Qty -6 pPolice dDepartment or a similar
program approved by the Cis pPolice dDepartment. This training must be completed before the
license for a dwelling is renewed and thereafter every three years if the dwelling continues to be a
rental dwelling. The requirements for mandatory training do not apply to a person who only owns
or manages one rental dwelling unit in the City ef Pl�%*euth. If three or more violations of Code
section 410.42 occur in a 365 day period at a single family rental dwelling owned by a person who
is not required to have mandatory training, that person must complete the mandatory training before
the dwelling license maybe renewed. (Ord. 2008-14, 5/27/2008)
410.25. License Renewal. Notwithstanding the application signature requirements of
Section 410.20, renewals of the license as required annually by this code may be made by filling
out the required renewal form furnished by the City Manager to the owner, operator or agent of a
rental dwelling and mailing said form together with the required registration fee to the City
Manager.
410.27 Tenant Register. The licensee must, as a continuing obligation of its license,
maintain a current register of tenants and other persons who have a lawful right to occupancy of
apartments within the apartment house or rental home. In its application, the licensee must
designate the person or persons who will have possession of the register; and must promptly
notify the Chief e€ Police Chief, or his/her designee of any change of the identity, address or
telephone numbers of such persons. The register must be available for the inspection by the
Chief of Police Chief, at all times. (Ord. 2004-24, 10/26/2004)
410.30. License Fees. Such keense fees shat be in the amount set by the C l �
time Rental license fees are set forth in Chapter X.
410.32. Inspections Required. Pursuant to this section, the Code Official shall make
inspections to determine the condition of rental dwellings located within the City for the purpose of
enforcing the rental licensing standards. The Code Official or designated representative may enter,
examine and survey at all reasonable times all rental dwellings and premises after obtaining consent
from an occupant of the premises. In the event that an occupant of the premises does not consent to
entry by the Code Official or designate representative, and if there is probable cause to believe that
Ordinance 2011-29
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an inspection is warranted, then application my be made to the court for an administrative or other
search warrant for the purpose of inspecting the premises. (Ord. 2008-14, 5127/2008)
410.35. Posting. Every registrant of a rental dwelling shall post the annual license issued
by the City Manager. The annual license shall be conspicuously posted (i a fame wi. a glass�
seg) by the registrant, in a public corridor, hallway or lobby of the rental dwelling for which
they are issued.
410.37 Notices. Whenever a notice is required to be sent to or served upon the licensee of a
rental dwelling under this section, notice shall be deemed sufficient if sent certified mail to the
owner or owner's designated agent at the address specified in the last license application filed with
the City. If a notice sent to the address specified in the last license application is returned, and the
owner or owner's agent cannot be found, then notice shall be sent to the person designated in the
last license application as responsible for the maintenance and management of the premises, or any
other known caretaker or manager, and a notice shall also be posted on the building. (Ord. 2008-
14, 5/2712008)
410.40. Maintenance Standards. Every rental dwelling shall maintain the standards in
Chapter 405 Housing Maintenance Code in addition to any other requirement of the ordinance of
the City or special permits issued by the City, or the laws of the State of Minnesota.
410.42. Rental dwelling licenses: Conduct on licensed premises. Subd. 1. It shall be the
responsibility of the rental license holder to take appropriate action, with the assistance of the
City, to prevent conduct by tenants or their guests on the licensed premises which is hereby
deemed to be disorderly, in violation of any of the following statutes or ordinances:
(a) Minnesota Statutes, Sections 609.75 through 609.76, which prohibit
gambling;
(b) Minnesota Statutes, Section 609.321 through 609.324, which prohibits
prostitution and acts relating thereto;
(c) Minnesota Statutes, Sections 152.01 through 152.025, and Section
152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or possession of
controlled substances;
(d) Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale
of alcoholic beverages;
(e) Section 2025 of this Code, which prohibits noise and noisy assemblies;
(f) Minnesota Statutes, Sections 97B.021, 97B.045, 609.66 through 609.67
and 624.712 through 624.716, and Section 930 of this Code, which prohibit the
unlawful possession, transportation, sale or use of a weapon; or
Ordinance 2011-29
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(g) Minnesota Statutes, Section 609.72, which prohibits disorderly conduct,
when the violation disturbs the peace and quiet of the occupants of at least one
unit on the licensed premises or other premises, other than the unit occupied by
the person(s) committing the violation.
(h) Failure to comply with dangerous dog requirements in violation of Section
915 of this Code or Minnesota Statutes Chapter 347.
(i) Indecent exposure in violation of Minnesota Statutes Section 617.23.
0) Assault, as defined by Minnesota Statutes Sections 609.221, 609.222,
609.223, 609.223 1, and 609.224, excluding domestic assaults.
(k) Public nuisance, as defined by Section 960.03, subdivision 1, of this Code
or Minnesota Statutes Sections 609.74 -.745.
(1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or
non intoxicating malt liquor in violation of Minnesota law or Chapter XII of this
Code.
(m) Criminal damage to property in violation of Minnesota Statutes 609.595.
(n) The unlawful sale or possession of small amounts of marijuana in
violation of Minnesota Statutes 152.027 subd.4.
(o) The unlawful possession or use of drug paraphernalia in violation of
Minnesota Statues 152.092.
(p) Contributing to the delinquency or status as a juvenile.
Subd. 2. A determination that the licensed premises have been used in a disorderly
manner as described in Subdivision 1 shall be made upon substantial evidence to support such a
determination. It shall not be necessary that criminal charges are brought to support a
determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal
charge operate as a bar to adverse license action under this section.
Subd. 3. Upon determination by the Compliance Official utilizing established procedures,
that a licensed premises was used in a disorderly manner, as described in Subdivision 1, the City
shall notify the licensee by certified mail of the violation and direct the licensee to take
appropriate action with the assistance of the City to prevent further violations.
Subd. 4. If another instance of disorderly use of the licensed premises at the same specific
dwelling or unit occurs within 365 days of an incident for which a notice in Subdivision 3 was
given, the City shall notify the licensee by certified mail of the violation and shall also require
the licensee to submit a written report of the actions taken, and proposed to be taken, by the
licensee to prevent further disorderly use of the premises. This written report shall be submitted
Ordinance 2011-29
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to the City within seven days of receipt of the notice (excluding holidays) of disorderly use of the
premises and shall detail all actions taken by the licensee in response to all notices of disorderly
use of the premises within the preceding 365 days.
Subd. 5. If another instance of disorderly use of the licensed premises at the same specific
dwelling or unit occurs within 365 days after the second of any two previous instances of
disorderly use for which notices were sent to the licensee pursuant to this section, the rental
dwelling license for the premises may be denied, revoked, suspended, placed on probation, or not
renewed. An action to deny, revoke, suspend, place on probation, or not renew a license under
this section shall be initiated by the City in the manner described in Section 410.45, and shall
proceed according to the procedures established in Sections 410.45 and 410.50.
Subd. 6. No adverse license action shall be imposed where the instance of disorderly use
of the licensed premises occurred during the pendency of eviction proceedings (unlawful
detainer) or within 30 days after a notice is given by the licensee to a tenant to vacate the
premises, where the disorderly use was related to conduct by that tenant or the tenant's guests.
Eviction proceedings shall not be a bar to adverse license action, however, unless the licensee
diligently pursues them. A notice to vacate shall not be a bar to adverse license action unless a
copy of the notice is submitted to the City within 10 days of receipt of the violation notice.
Further, an action to deny, revoke, suspend, place on probation, or not renew a license based
upon violations of this section may be postponed or discontinued by the Compliance Official at
any time if it appears that the licensee has taken appropriate action to prevent further instances of
disorderly use.
(Ord. 2001-24, 7124/2001, Ord. 2008-14, 5/27/2008)
410.45. Revocation, Suspension, or Probation. Subd. 1. Every license or permit issued
under this ordinance is subject to the right, which is hereby expressly reserved, to suspend,
revoke, or place on probation the same should the license holder or their agents, employees,
representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to
the provisions of this ordinance or any other ordinance of the City or any special permit issued
by the City or the laws of the State of Minnesota. (Ord. 2001-24, 7/24/2001)
Subd. 2. The license may be suspended, revoked, or placed in a probation status by the
City Council after a written notice is sent to the license holder specifying the ordinance or law
violations with which they are charged. This notice shall also specify the date for hearing before
the Cly Council, which shall not be less than 10 days from the date of the notice.
(Ord. 2001-24, 7/24/2001)
Subd. 3. At such hearing before the City Council, the license holder or their attorneys
may submit and present witnesses on their behalf.
Subd. 4. After a hearing the Gi4y Council may suspend, revoke, or place on probation the
license if they deem it necessary to protect the public health, safety or general welfare. (Ord.
2001-24, 7/2412001)
Ordinance 2011-29
Page 49
410.50. Summary Action. Subd. 1. When the condition of the rental dwelling of any
license holder or their agent, representative, employee or lessee is detrimental to the public
health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or
dangerous condition and thus give rise to an emergency, the Compliance Official shall have the
authority to summarily condemn or close off such area of the rental dwelling.
Subd. 2. Any person aggrieved by a decision of the Compliance Official to cease
business or revoke or suspend the license or permit shall be entitled to appeal to the City -Council
immediately, by filing a Notice of Appeal. The City Manager shall schedule a date for hearing
before the CUy Council and notify the aggrieved person of the date.
Subd. 3. The hearing shall be conducted in the same manner as if the aggrieved person
had not received summary action.
Subd. 4. The decision of the Compliance Official shall not be voided by the filing of
such appeal. Only after the City Council has held its hearing will the decision of the Compliance
Official be affected.
410.55. Applicable Laws. Licenses shall be subject to all of the ordinances of the City
and the State of Minnesota relating to rental dwellings; and this ordinance shall not be construed
or interpreted to supersede or limit any other such applicable ordinance or law.
Section 14. Amendment. Section 415 of the City Code (Moving Buildings) is amended
to read as follows:
415.01. Building Mover's License. It is unlawful for any person to move or cause to be
moved, a building or portion thereof into, within, through, or out of the eCity without a license
issued to do so by the State of Minnesota.
415.03. Conditional Use Permit. It is unlawful for a person to move or cause to be
moved, a building or portion thereof into or within the City of lyme h (excludes buildings
being moved out of or through Plymouth) without first obtaining a conditional use permit, if
required pursuant to Section 21140 of the Plrneuth Zoning Ordinance.
415.05. Building Moving Permit. It is unlawful for a person to move or cause to be
moved, a building or portion thereof into, within, through, or out of the eCity without first
obtaining: (1) a conditional use permit if required by Section 415.03 above; and (2) a building
moving permit.
Subd. 1. Pre-AMlication Inspection Requirement. If a building is to be moved into or
within the City o f Die (excludes buildings being moved out of or through Plymouth), and
prior to submittal of: (1) a conditional use permit application if required by Section 415.03
above; and (2) a building moving permit application, the person seeking issuance of a building
moving permit shall request a pre -application inspection for the building to be moved, and shall
pay any applicable fees related to such pre -application inspection. The fees for the pre-
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application inspection shall include mileage and hourly rates for travel time and time spent
during the inspection, as specified in Section 1015 of this Code. The fees for the pre -application
inspection shall not be refundable.
(a) The City Building Inspection Division shall inspect the building to be moved, and
shall subsequently prepare a report that states whether the building can be safely moved
and is able to meet the building code and other requirements of the City. If a conditional
use permit is applied for, said report shall be considered by the City Council in
conjunction with the conditional use permit application.
(b) If the pre -application inspection for the building to be moved is approved and if
any required conditional use permit is approved, the person seeking issuance of a
building moving permit shall then submit a building moving permit application to the
City Building Inspection Division.
Subd. 2. Application for Building Moving Permit. A person seeking issuance of a
building moving permit shall file an application in writing with the City Building Inspection
Division. The application shall include the following:
(a) A description of the building proposed to be moved, together with its current
location (i.e., address or legal description), dimensions, and photographs of the building;
(b) The location (i.e., address or legal description) of the premises to which the
building is proposed to be moved;
(c) If the building is to be moved into or within the City of Plym63 (excludes
buildings being moved out of or through Plymouth), a certified survey from a registered
land surveyor shall be required showing the location of the building on the lot it would be
moved to, together with other information as required by Section 400.13 of this Chapter;
(d) The moving permit fee, as speeified in c eet e 1015 of this ` e eset forth in
Chapter X;
(e) A copy of a current Building Mover's License from the State of Minnesota;
(f) The name and address of the proposed building mover;
(g) A listing of all highways, streets, or other properties over which the building is
proposed to be transported (may include a moving route map);
(h) A copy of all necessary state and county permits, together with a copy of
permissions granted to cross over any private properties within the city;
(i) The proposed moving date and hours; and any additional information as requested
by the city;
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0) If the building to be moved is located within the City of ArRou , separate
demolition and sewer/water disconnect permit applications shall accompany the
application for building moving permit;
(k) Evidence that any wells or septic systems have been properly abandoned for sites
located within the City of Arne
(1) Evidence that the building and lot from which it is to be removed are free from
mortgages, liens, or other encumbrances, and that all taxes and other charges against the
lots from which, and to which, the building is to be moved are currently paid;
(m) Evidence, such as a bill of sale, showing that the applicant is entitled to move the
building; and
(n) If the building is to be moved into or within the City of Pirne (excludes
buildings being moved out of or through Plymouth), a performance security pursuant to
Section 21140.03 shall be provided.
Subd. 3. Filing Date of Application. The application for a building moving permit shall
be made after City Council approval of any required conditional use permit, and at least 30 days
prior to the proposed moving date.
415.07. Building Mover's Duties. Subdivision 1. General. Permittees under this Section
shall conform to the provisions of this Subsection.
Subd. 2. Designated Streets. Permittee shall move a building only over streets
designated for such use in the written permit.
Subd. 3. Changes. Permittee shall notify the City Building Inspection Division in
writing of a desired change in moving date and hours as proposed in the application.
Subd. 4. Damage. Permittee shall notify the City Building Inspection Division of any
and all damage done to property belonging to the city within 24 hours after the damage or injury
has occurred.
Subd. 5. Warning Signals. Permittee shall display warning lights on every side of the
building during the nighttime and warning flags during the daytime to warn the public of the
obstruction while the building is being moved or standing on a street, and shall where necessary
erect and maintain barricades across the streets in a manner to protect the public from damage or
injury.
Subd. 6. Time Limit. Permittee shall remove the building from city streets in the time
specified in the permit, unless an extension is granted by the ECity.
Subd. 7. Other Provisions. Permittee shall comply with the Building Code, zoning
regulations, and all other applicable provisions of this Code.
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Subd. 8. Police Protection. Permittee shall pay the expense of a traffic officer, ordered
by the Police Chief, to accompany the movement of the building to protect the public from
injury. The rate for such expense is speeified in Chapte f Y of this Cedewill be at the City's
contractual overtime rate.
Subd. 9. Restoration of Premises. Permittee shall remove all rubbish and other materials
and shall re -grade and restore the original building site if located in the city, so that the premises
are left in a safe and sanitary condition.
415.09. Timing Requirements.
Subd. 1. A person shall not cause or permit a structure that has been raised from a
foundation to remain at a location or locations in the city, other than the new permanent location,
for longer than 48 hours, unless a longer time period is authorized in writing by the City Building
Inspection Division.
Subd. 2. If the building is to be moved into or within the City of Pirnsuth (excludes
buildings being moved out of or through Plymouth), all building code requirements must be met
and a certificate of occupancy issued within 180 days of building permit issuance.
415.11. Enforcement and Penalties.
Subd. 1. This Section shall be enforced by the Building Official, Police Chief, or other
authorized agents of the eCity. If any building moving occurs in violation of this Section, the
Building Official or Police Chief may, in addition to other remedies, institute proper criminal
action or proceedings.
Subd. 2. Any person who violates a provision of this Section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined or penalized not more than the maximum levels
established by the State of Minnesota for misdemeanor offences.
(Ord. 2008-08, 3/25/2008)
Section 15. Amendment. Section 425 of the City Code (Grading and Erosion Control
Plan) is amended to read as follows:
425.01. Grading and Erosion Control Plan. Subdivision 1. A satisfactory erosion control
and grading plan consistent with the Minnesota '
Stormwater Manual must be approved by the City Engineer before a grading
or building permit is issued for construction, if the construction will result in disturbing the soil.
Subd. 2. The grading and erosion control plan must provide spot elevations of proposed
grades in relation to existing grades on the subject property and adjacent land. Areas where the
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finished slope will be steeper than five units horizontal to one vertical shall be specifically noted.
Also, location and type of erosion control devices shall be clearly labeled.
Subd. 3. Every effort shall be made to minimize disturbance of existing ground cover.
No grading or filling shall be permitted within 40 feet of the ordinary high water mark of a water
body unless specifically approved by the City. To minimize the erosion potential of exposed
areas, restoration of ground cover shall be provided within five days after completion of the
grading operation.
Subd. 4. Every effort shall be made during the building permit application process to
determine the full extent of erosion control required. However, the City Engineer may require
additional controls to correct specific site related problems as normal inspections are performed.
Subd. 5. All erosion control noted on the approved plan shall be installed prior to the
initiation of any site grading or construction. Noncompliance with the grading and erosion
control plan shall constitute grounds for an order from the City to halt all construction.
Subd. 6. All grading and construction activity that results in disturbance of the ground
shall comply with Minnesota Pollution Gei#Fel Ageneys Best MaaagemeR4 Pfaefieesthe
Minnesota Stormwater Manual.
(Ord. 95-17, 3121 /95)
Section 16. Amendment. Section 500 of the City Code (Subdivision Regulations) is
amended to read as follows:
500.01. Title. This Chapter shall be known as the "Plymouth Subdivision Regulations"
except as referred to herein, where it shall be referred to as "this Chapter".
500.03. Intent and Purpose. The intent of this Chapter is to protect and provide for the
public health, safety, morals, and general welfare of the City and its people, and specifically to
achieve the following purposes:
(a) tTo implement the Comprehensive Plan;
(b) tTo ensure that subdivisions are consistent with all applicable provisions of all
applicable plans, laws and regulations;
(c) tTo establish standard requirements, conditions, and procedures for the design and
review of subdivisions;
(d) tTo provide for the orderly subdivision of land, and to ensure proper legal
descriptions and monumentation of subdivided land;
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(e) tTo encourage the wise use and management of land and natural resources
throughout the City in order to preserve the integrity, stability, and natural beauty of the
community;
(f) tTo ensure that adequate public infrastructure, facilities and services are available
concurrent with development;
(g) tTo require subdividers to furnish land, install infrastructure, pay fees, and
establish mitigative measures to ensure that development provides its fair share of capital
facilities;
(h) tTo encourage a beneficial relationship between the uses of land and circulation of
traffic throughout the City, and to provide for the proper location and design of streets;
(i) tTo prevent problems associated with inappropriately subdivided lands, including
premature subdivision, excess subdivision, partial or incomplete subdivision, or scattered
subdivision;
0) tTo assure that new subdivisions will contribute toward an attractive, orderly,
stable, livable, and safe community.
500.05. Relationship to Comprehensive Plan. It is the policy of the City of lymouth that
the enforcement, amendment, and administration of this Chapter be accomplished consistent
with the City's Comprehensive Plan, as may be amended from time to time. The C--ity Council
recognizes the Comprehensive Plan as the official policy for the regulation of land use and
development in accordance with the policies and purpose herein set forth. In accordance with
Minnesota Statutes Chapter 473, the City will not approve any changes in these regulations that
are not consistent with the City's Comprehensive Plan.
500.07. More Restrictive Provision to Apply. Where the regulations imposed by any
provisions of this Chapter are either more or less restrictive than comparable regulations imposed
by this Chapter, or any other law, ordinance, rule, or regulation of the city, state, or federal
government, the law, ordinance, rule, or regulation which imposes the more restrictive condition,
standard, or requirement shall prevail.
500.09. Conformity With This Chapter Required. No land shall be divided, subdivided,
or re -subdivided in a manner that does not comply with the provisions of this Chapter.
500.11. Separability. It is hereby declared to be the intention of the City that the several
provisions of this Chapter are separable in accordance with the following:
Subd. 1. If any court of competent jurisdiction shall adjudge any provision of this
Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not
specifically included in said judgment.
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Subd. 2. If any court of competent jurisdiction shall adjudge invalid the application of
any provision of this Chapter to a particular property, such judgment shall not affect the
application of said provision to any other property not specifically included in said judgment.
500.13. Authori . This Chapter is enacted pursuant to the authority granted by the
Municipal Planning Act, Minnesota Statutes, Chapter 462.351 to 462.365.
(Ord. 2003-15, 6/10/2003)
Section 17. Amendment. Section 508 of the City Code (Premature Subdivision
Prohibited) is amended to read as follows:
508.01. Premature Subdivision Prohibited. Any proposed subdivision deemed premature
for development shall not be approved by the Qty Council. A subdivision shall be deemed
premature if the Council determines that any of the following conditions exist. The burden of
proof shall be upon the subdivider to show that the proposed subdivision is not premature.
Subd. 1. Inconsistent with the Comprehensive Plan. A proposed subdivision may be
deemed premature if it is inconsistent with the purposes, objectives, development staging plan, or
recommendations of the City's Comprehensive Plan, as may be amended. Application for
reguiding and/or rezoning may be made simultaneously with an application for subdivision
approval, however, a subdivision application will not be considered for approval by the Gity
Council until and unless any necessary reguiding and/or rezoning application is approved by the
Council.
Subd. 2. Inconsistent with the Capital Improvements Program. A proposed subdivision
may be deemed premature if it is inconsistent with the capital improvements program because
public improvements, facilities, or services necessary to accommodate the proposed subdivision
would not be completed within two years of the date of application.
Subd. 3. Lack of Adequate Water SpMly. A proposed subdivision may be deemed
premature if public water is not available to serve the proposed subdivision.
Subd. 4. Lack of Adequate Waste Disposal Systems. A proposed subdivision may be
deemed premature if:
(a) sSanitary sewer is neither available nor proposed; or
(b) aAvailable or proposed sanitary sewer is inadequate to support the subdivision if
developed to its maximum permissible density after reasonable sewer capacity is reserved
for schools, public facilities, and other developments planned within five years of the
date of application.
Subd. 5. Lack of Adequate Streets to Serve the Subdivision. A proposed subdivision
may be deemed premature if:
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if.
(a) sStreets which serve the proposed subdivision are of such a width, grade, stability,
vertical and horizontal alignment, site distance or surface condition that the traffic
volume generated by the proposed subdivision would create a hazard to public safety and
general welfare, or would seriously aggravate an existing hazardous condition; or
(b) tThe traffic volume generated by the proposed subdivision would create
congestion or unsafe conditions on existing or proposed streets.
Subd. 6. Lack of Adequate Drainage. A proposed subdivision may be deemed premature
(a) i Surface or subsurface water retention and runoff is such that it constitutes a
hazard to the stability of proposed or existing structures; or
(b) tThe proposed subdivision would cause pollution of water sources or would cause
damage from erosion or siltation on downstream property; or
(c) IFactors including, but not limited to, the presence of floodplain, poor soils or
subsoils, or steep slopes exist in such a manner as to preclude adequate site drainage or
treatment of runoff.
Subd. 7. Inconsistent with Environmental Requirements. A proposed subdivision may
be deemed premature if it is inconsistent with the rules and policies of the Minnesota
Environmental Quality Board, as may be amended, and could adversely impact critical
environmental areas, or potentially disrupt or destroy, in violation of State historical preservation
laws, historic areas which are designated or officially recognized by the City -Council.
(Ord. 2003-15, 6/10/2003)
Section 18. Amendment. Section 510 of the City Code (Preliminary Plat) is amended to
read as follows:
510.01. Preliminary Plat Procedure. Pursuant to Minnesota Statutes, Chapter 462.358, an
application for a preliminary plat shall be approved or denied within 120 days from the date of
its official and complete submission unless extended pursuant to Statute or a time waiver is
granted by the subdivider.
Subd. 1. Filing. A preliminary plat application shall be filed with the Zoning
Administrator on an official application form. The application shall be accompanied by a fee
and a cash escrow as set forth in Section 1015 of this Code. Costs of City time and materials
expended in reviewing and processing the preliminary plat application shall be charged against
the cash escrow account and credited to the City. If, at any time, the balance in the cash escrow
account is depleted to less than 10% of the originally required cash escrow amount, the applicant
shall deposit additional funds in the cash escrow account as determined by the Zoning
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Administrator. Any balance remaining in the cash escrow account upon completion of the
preliminary plat review process shall be returned to the applicant after all claims and charges
thereto have been deducted. The application shall also be accompanied by detailed written and
graphic materials, the number and size as prescribed by the Zoning Administrator, fully
describing the proposed plat, together with a set of mailing labels of all property owners located
within 750 feet of the site in a format prescribed by the Zoning Administrator. The application
shall be considered as being officially submitted and complete when the subdivider has complied
with all the specified submittal requirements, as described in this Section. If the subdivision
requires any variances from the provisions of this Chapter, an application pursuant to Section
516 of this Chapter shall also be submitted before the preliminary plat application shall be
deemed complete. (Ord. 2010-21, 11123/2010)
Subd. 2. Staff Analysis. Upon receiving a complete application, as determined by staff
review, the Zoning Administrator shall refer copies of the preliminary plat to the City staff and
other applicable public agencies as needed in order to receive written comments. Preliminary
plats including land abutting an existing or proposed trunk highway and/or highway under
county jurisdiction shall also be submitted to the Minnesota Commissioner of Transportation
and/or the Hennepin County Transportation Planning Division as required by state law, at least
thirty days prior to City action on the preliminary plat. The Zoning Administrator shall instruct
the appropriate staff person to 1) coordinate an analysis of the application, 2) prepare technical
reports, and 3) assist in preparing a recommendation to the Planning Commission and Qty
Council.
Subd. 3. Public Hearing Notice. Upon completion of staff's analysis of the application,
the Zoning Administrator, when appropriate, shall set a public hearing date for an upcoming
Planning Commission meeting. Notice of the hearing, including a description of the request and
the legal description of the property, shall be published in the City's Official Newspaper at least
10 days prior to the hearing. Written notification of the hearing shall also be mailed to all
property owners located within 750 feet of the site at least 10 days prior to the hearing. Failure
of a property owner to receive mailed notice or defects in the notice shall not invalidate the
proceedings. Public notice signage shall be placed on the site, pursuant to Section 514 of this
Chapter, at least 10 days prior to the public hearing.
Subd. 4. Planning Commission Consideration. The Planning Commission shall consider
a preliminary plat application, as follows:
(a) The Planning Commission shall review the preliminary plat and conduct the
official public hearing.
(b) The subdivider or representatives thereof may appear before the Planning
Commission to present information and answer questions concerning the
proposal.
(c) The Planning Commission and staff shall have the authority to request additional
information from the subdivider concerning the proposal, as deemed necessary to
formulate a recommendation on the proposal.
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(d) The Planning Commission shall recommend approval of the preliminary plat if it
in all ways conforms with the City's Comprehensive Plan, Zoning Ordinance, this
Chapter and all Chapters of the City Code. The Commission shall recommend
denial of the preliminary plat if it makes any of the following findings:
(1) That the proposed subdivision is in conflict with the City's
Comprehensive Plan, Zoning Ordinance, Capital Improvements Program, or
other policy or regulation.
(2) That the proposed subdivision is in conflict with the purpose and intent of
this Chapter.
(3) That the physical characteristics of the site, including but not limited to
topography, vegetation, susceptibility to erosion and siltation, susceptibility to
flooding, water storage, and retention, are such that the site is not suitable for
the type of development or use contemplated.
(4) That the site is not physically suitable for the intensity or type of
development or use contemplated.
(5) That the design of the subdivision or the proposed improvements are
likely to cause substantial and irreversible environmental damage.
(6) That the design of the subdivision or the type of improvements will be
detrimental to the health, safety, or general welfare of the public.
(7) That the design of the subdivision or the type of improvement will conflict
with easements on record or with easements established by judgment of a court.
(8) That the subdivision is premature as determined by the standards of
Section 508 of this Chapter.
Subd. 5. City Council Consideration. The QVy Council shall consider a preliminary plat
application, as follows:
(a) Upon receiving the reports and recommendations of the Planning Commission
and staff, the City Manager shall schedule the application for Qty Council consideration.
The Council shall have the option of receiving additional testimony on the matter if they so
choose.
(b) The Council shall either approve or deny the application.
(c) Approval of a preliminary plat shall require passage by a majority vote of the
entire Qty -Council. Such approval shall constitute general acceptance of the layout, but
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shall not constitute final acceptance of the subdivision. Subsequent approval of a final
plat will be required before recording of the plat. The Council may require plan revisions
and may impose conditions upon approval, as deemed necessary to protect the health,
safety, and general welfare of the City.
(d) If a preliminary plat is denied by the Gity Council, the reasons for such action
shall be recorded in the Council proceedings and transmitted to the applicant.
Subd. 6. Effect of Approval. For one year following preliminary plat approval, unless
the subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other
official controls shall apply to or affect the use, development density, lot size, or lot layout that
was approved.
Subd. 7. Effect of Denial. If a preliminary plat application is denied by the C4ty
Council, a similar application for a preliminary plat affecting substantially the same property
shall not be considered again by the Planning Commission or Gity Council for at least six months
from the date of its denial.
Subd. 8. Expiration of Preliminary Plat Approval. Unless the Gi4y Council specifically
approves a different time period, the approval of a preliminary plat shall expire one year from the
date it was approved, unless the applicant has filed a complete application for approval of a final
plat; or, unless before expiration of the one year period, the applicant submits a written request
for an extension thereof. Such request for an extension shall include the following: 1) an
explanation for why a final plat has not been applied for, 2) what, if any, good faith efforts have
been made to complete the platting process, and 3) the anticipated completion date. The Zoning
Administrator may approve up to two such extensions of not more than one additional year per
extension.
510.03. Application Requirements. The materials, information, and drawings required for
submission of a preliminary plat application are listed in this section. In order for a preliminary
plat application to be deemed complete, it shall include or have attached thereto all materials,
information, and drawings listed in this section.
Subd. 1. Application Form. The subdivider shall submit an official application form, as
provided by the City, including the following information:
(a) Location, address (if assigned), legal description, and Hennepin County property
identification number (P.I.N.) of all parcels included within the proposed plat.
(b) Name, address, telephone number, and signature of the subdivider and all persons
currently having an ownership interest in the parcels comprising the proposed plat.
(c) Written description that provides information about the proposed plat including, but not
limited to, number of lots, development type, and anticipated completion date. Such
description may be provided on a separate sheet of paper that is attached to the application
form.
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Subd. 2. Other Written Materials. The application form shall be accompanied by, or
address, the following written materials:
(a) Estimated lot sizes for all lots and outlots in tabular form.
(b) Written verification that all commonly -owned contiguous land is included in the
plat.
(c) A wetland report by a Certified Wetland Specialist.
Subd. 3. Additional Cash Deposits. In addition to the fees required by Section 510.01 of
this Section, the applicant shall deposit with the City the estimated cost of any consultant review
of the preliminary plat that may be necessary to determine compliance with this Chapter or with
the City's Comprehensive Plan, including but not limited to planning, engineering or traffic
studies. (Ord. 2010-21, 11/2312010)
Subd. 4. MailingLabels. abels. The application form shall be accompanied by a map, list, and
one set of mailing labels with the names and addresses of all property owners located within 750
feet of the boundaries of the proposed plat. Such map, list, and mailing labels shall be obtained
from Hennepin County and shall be current within six months.
Subd. 5. Drawings, General Requirements.
(a) Drawings must meet all following specifications:
(1) Be at a scale of one inch equals 50 feet (1" = 50') or less using an
engineer's scale only.
(2) Be on paper not exceeding 22 inches by 34 inches. (Ord. 2010-02,
2/2312010)
(3) Include a title, and north point indication, the name and address of the
subdivider, and the name and address of the designer of the drawing.
(4) Include a signature of the person who prepared the drawing, together with
any registration number or other professional certification number or title.
(5) Provide the date of preparation and any revisions thereto.
(b) The subdivider shall provide complete full-sized (22 inches by 34 inches)
assembled sets of the drawings that are collated, stapled and rolled, the number of which
shall be determined by the Zoning Administrator. One additional full-sized set of the
drawings shall be provided in each of the following cases: 1) when the plat contains or abuts
a county road, 2) when the plat contains or abuts a state highway, and 3) when the plat
contains or abuts a wetland or shoreland district. (Ord. 2010-02, 212312010)
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(c) The subdivider shall provide complete assembled sets of the drawings reduced to
11 inches by 17 inches, the number of which shall be determined by the Zoning
Administrator.
(d) The subdivider shall provide one copy of the preliminary plat at a scale of one
inch equals 200 feet (1" = 200').
(e) If the plat is approved, the subdivider shall submit electronic files of the drawings
in a manner specified by the City.
Subd. 6. Drawings, Existing Conditions. The application form shall be accompanied by
drawings and information indicating the following:
(a) An accurate certified survey of the proposed plat, current within one year,
showing existing conditions and providing the current legal descriptions of all parcels
within the proposed plat.
(b) Floodplain and shoreland district boundaries within the proposed plat.
(c) Gross acreage and net acreage of the proposed plat, computed to one-tenth of an
acre. Gross acreage means the total site area, and net acreage means gross acreage minus
all wetland areas and areas below the 100 -year ordinary high water level.
(d) Location, width, and name of all existing streets, public ways, parks, and other
public lands (including permanent structures), railroads, utility rights-of-way, corporate
lines, and easements within the proposed plat, and to a distance of 100 feet beyond the
boundary lines of such plat.
(e) Location and size of all existing buildings, as well as all sewers, watermains, culverts and
other underground facilities (public and private) within the proposed plat, and to a distance of
100 feet beyond the boundary lines of such plat. Data such as grades, rim and invert
elevations, locations of catch basins and manholes, and fire hydrants shall also be provided.
(f) Topography in two -foot contour intervals within the proposed plat, and to a
distance of 100 feet beyond the boundary lines of such plat.
(g) Water courses, wetlands, marshes, wooded areas, rock outcrops, power
transmission poles and lines, and other significant features within the proposed plat, and
to a distance of 100 feet beyond the boundary lines of such plat.
(h) Boundary lines and ownership" of all adjoining land within 100 feet.
(i) Existing guiding and zoning classifications for land within, and abutting, the
proposed plat.
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0) Tree inventory indicating the location, size, and species of all significant trees
existing within the proposed plat, and to a distance of 15 feet beyond the boundary lines
of such plat. The inventory shall also include a tabular listing of all such trees.
(k) Soil borings and percolation tests, as may be required by the Building Official or
City Engineer.
Subd. 7. Drawings, Preliminary Plans. The application form shall be accompanied by
drawings and information indicating the following:
(a) Preliminary plat, including the following:
(1) Name of the proposed plat.
(2) Layout of all proposed lot lines, together with the number, size, and
preliminary dimensions, including the width of the lots at the front setback line.
(3) Layout of all proposed streets, including those required in accordance with
the City's Comprehensive Plan, showing right-of-way widths, pavement widths,
center line gradients, typical cross sections, street drainage systems, and proposed
street names pursuant to the City's street naming system.
(4) Location and width of all proposed sidewalks, trails, pedestrian ways, and
fire lanes.
(5) Location, dimensions, and purpose of all easements.
(6) Minimum building setback lines.
(7) Areas other than streets, sidewalks, trails, pedestrian ways, and utility
easements intended to be dedicated or reserved for private or public use, including
the size of such area(s).
(8) Extent of any proposed modifications to land within the Special Protection
Districts as described in Sections 21660 (floodplain), 21665 (shoreland), and
21670 (wetlands) of Chapter 21 (Zoning Ordinance) of this Code. (Ord. 2011-06,
2122/2011)
(9) Proposed guiding and zoning classifications if the plat application includes
a reguiding and/or rezoning request.
(10) A tentative plan for future platting, if the proposed plat includes any
areas intended for future re -subdivision.
(b) Preliminary grading and erosion control plan for the proposed plat, including the
following:
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(1) Lot and block numbers, building pad locations, building style and
proposed building pad elevations at the lowest floor and garage slab for each lot.
(2) Topography in two -foot contour intervals, with existing contours shown as
dashed lines and proposed contours shown as solid lines. Existing topography
shall extend 100 feet beyond the borders of the proposed plat.
(3) Location of all existing natural features on the tract including, but not
limited to, tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs,
steep slopes, etc.
(4) Location of all existing and proposed storm sewer facilities, including
pipes, manholes, catch basins, ponds, swales, and drainage channels within 100
feet of the proposed plat. Pipe type and size, pipe grades, rim and invert
elevations, and normal high water elevations shall be included.
(5) Flood elevations and locations if the plat is located within, or adjacent to,
a 100 -year flood plain.
(6) Spot elevations at drainage break points and directional arrows indicating
site and swale drainage.
(7) Locations, grades, and rim invert elevations of all storm sewer facilities,
including ponds, proposed to serve the plat.
(8) Locations and elevations of all street high and low points.
(9) Street grades.
(10) Phasing of grading.
(11) Location of all easements, including oversize or non -typical easements.
(12) An erosion control plan, pursuant to Section 526 of this Chapter.
(c) Preliminary utility plan for the proposed plat, including the following:
(1) Location, dimensions, and purpose of all easements.
(2) Location, type, size, grades, and rim and invert elevations of existing and
proposed sanitary sewer, storm sewer, water mains, culverts, catch basins,
manholes, hydrants, and other similar facilities within the proposed plat and to a
distance of 100 feet beyond the plat.
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(3) Schematic storm sewer, sanitary sewer, and water layouts, illustrating
invert and top rim elevations, proposed gradients, direction of flow, hydrant
locations, and drainage areas.
(d) Tree preservation plan for the proposed plat, including the following:
(1) Plan showing all existing trees to be removed, disturbed (including
disturbance zones), and preserved. Such plan shall also include proposed
locations and details of tree protection fencing to be installed for all trees to be
preserved within 15 feet of the disturbance zone.
(2) Grading plan.
(3) Location and dimension of proposed building pads and construction zone
proposed for each lot within the proposed plat.
(4) A tabular listing of the caliper inches of each existing significant tree, and
the total caliper inches thereof, together with a tabular listing of the caliper inches
of significant trees to be preserved and to be removed, and the total caliper inches
thereof.
(5) A reforestation plan and/or the dollar amount of restitution required if the
tree removal exceeds the established threshold, pursuant to Section 530 of this
Chapter.
(e) Other drawings required for the proposed plat, as follows:
(1) Source of water supply.
(2) Provisions for sewage disposal, drainage and flood control.
(3) Location of proposed street lights, as well as the utilities of electricity, gas,
telephone, and CATV.
(4) A general landscaping plan showing plantings, berms, fences, walls,
sidewalks and trails, and any subdivision signage.
(5) For plats containing one- or two-family dwellings, the location on each lot
where an attached or detached garage containing at least one parking stall could
be built within ordinance standards, if the principal structure is to be built without
a garage.
(Ord. 2003-15, 6/10/2003)
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Section 19. Amendment. Section 512 of the City Code (Final Plat Procedure) is
amended to read as follows:
512.01. Final Plat Procedure. Pursuant to Minnesota Statutes, Chapter 462.358, an
application for a final plat shall be approved or denied within 60 days of the date from the date of
its official and complete submission unless extended pursuant to Statute or a time waiver is
granted by the subdivider.
Subd. 1. Compliance with Preliminary Plat. A final plat application shall be in
substantial compliance with the approved preliminary plat, including any required modifications
thereto.
Subd. 2. Filin . A final plat application shall be filed with the Zoning Administrator on
an official application form. The application shall be accompanied by a fee as set forth in
Section 1015 of this Code. The application shall also be accompanied by detailed written and
graphic materials, the number and size as prescribed by the Zoning Administrator, that describe
the final plat. The application shall be considered as being officially submitted and complete
when the subdivider has complied with all the specified submittal requirements, as described in
this Section. (Ord. 2010-21, 11123/2010)
Subd. 3. Staff Anal.. Upon receiving a complete application, as determined by staff
review, the Zoning Administrator shall refer copies of the final plat to the City staff and other
applicable public agencies as needed in order to receive written comments. The Zoning
Administrator shall instruct the appropriate staff person to 1) coordinate an analysis of the
application, 2) prepare technical reports and coordinate preparation of the development contract,
and 3) assist in preparing a recommendation to the Qty Council.
Subd. 4. City Council Consideration. The City Council shall consider a final plat as
follows:
(a) Upon receiving the reports and recommendations of the staff, the City Manager
shall schedule the application for Council consideration. The Council shall
have the option of receiving additional testimony on the matter if they so choose.
(b) The Cly Council shall either approve or deny the application.
(c) Approval of a final plat and any related development contract shall require
passage by a majority vote of the entire Qty Council. The Council may require
such revisions in the final plat as it deems necessary for the health, safety, general
welfare and convenience of the City.
(d) If a final plat is denied by the City Council, the reasons for such action shall be
recorded in the Council proceedings and transmitted to the applicant.
Subd. 5. Recording of Final Plat. If the final plat is approved and signed by the Mayor
and City officials, the subdivider shall record the final plat with the County Recorder or the
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Registrar of Titles. No changes, erasures, modifications or revisions shall be made in any final
plat after approval has been given by the City Council and endorsed in writing on the plat.
Subd. 6. Effect of Approval. For two years following final plat approval, unless the
subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other official
controls shall apply to or affect the use, development density, lot size, or lot layout that was
approved.
Subd. 7. Expiration of Final Plat Approval. Unless the City Council specifically
approves a different time period, the approval of a final plat shall expire two years from the date
it was approved, unless the applicant has recorded the final plat with Hennepin County; or,
unless before expiration of the two year period, the applicant submits a written request for an
extension thereof. Such request for an extension shall include the following: 1) an explanation
for why a final plat has not been filed, 2) what, if any, good faith efforts have been made to
complete the platting process, and 3) the anticipated completion date. The Zoning Administrator
may approve one such extension for a term not to exceed one additional year. Should a second
extension of time or any extension of time longer than one year be requested by the applicant, it
shall be presented to the Qty Council for a decision. (Ord. 2010-02, 2/23/2010)
512.03. Application Requirements. The materials, information, and drawings required for
submission of a final plat application are listed in this section. In order for a final plat
application to be deemed complete, it shall include or have attached thereto all materials,
information, and drawings listed in this section.
Subd. 1. Application Form. The subdivider shall submit an official application form, as
provided by the City, including the following information:
(a) Location, address (if assigned), legal description, and Hennepin County property
identification number (P.I.N.) of all parcels included within the proposed plat.
(b) Name, address, telephone number, and signature of the subdivider and all persons
currently having an ownership interest in the parcels comprising the proposed plat.
(c) Written description that indicates compliance with the approved preliminary plat
and all related conditions of approval thereto. If the proposed final plat varies from the
approved preliminary plat, the nature and extent of the variation must be described. Such
description may be provided on a separate sheet of paper that is attached to the
application form.
Subd. 2. Other Written Materials. The application form shall be accompanied by, or
address, the following written materials:
(a) One specification book for construction of public improvements. (Ord. 2011-06,
2/22/2011)
(b) Cost estimates for grading and all public improvements.
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(c) Lot sizes for all lots and outlots in tabular form.
(d) A copy of any proposed homeowners association documents, private covenants or
deed restrictions.
(e) Drainage calculations for storm water runoff. (Ord. 2004-03, 1/13/2004)
Subd. 3. Additional Cash Deposits. In addition to the fees required by Section 512.01 of
this Section, the applicant shall deposit with the City the estimated cost of any consultant review
of the final plat that may be necessary to determine compliance with this Chapter or with the
City's Comprehensive Plan, including but not limited to planning, engineering or traffic studies.
(Ord. 2010-21, 11 /23/2010)
Subd. 4. Drawings, General Rpguirements.
(a) Drawings must meet all following specifications:
(1) Be at a scale of one inch equals 50 feet (1" = 50') or less using an
engineer's scale only.
(2) Be on paper not exceeding 22 inches by 34 inches. (Ord. 2010-02,
2/23/2010)
(3) Include a title, and north point indication, the name and address of the
subdivider, and the name and address of the designer of the drawing.
(4) Include a signature of the person who prepared the drawing, together with
any registration number or other professional certification number or title.
(5) Provide the date of preparation and any revisions thereto.
(b) The subdivider shall provide complete full-sized (22 inches by 34 inches)
assembled sets of the drawings that are collated, stapled and rolled, the number of which
shall be determined by the Zoning Administrator. An additional full-sized set of the
drawings shall be provided in each of the following cases: 1) when the plat contains or
abuts a county road, 2) when the plat contains or abuts a state highway, and 3) when the
plat contains or abuts a wetland or shoreland district. (Ord. 2010-02, 2/23/2010)
(c) Reductions: The subdivider shall provide complete, assembled sets of the
drawings reduced to 11 inches by 17 inches, and copies of the final plat reduced to 8.5
inches by 11 inches, the number of which shall be determined by the Zoning
Administrator.
(d) The subdivider shall provide one copy of the final plat at a scale of one inch
equals 200 feet (1" = 200').
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(e) If the plat is approved, the subdivider shall submit electronic files of the drawings
in a manner specified by the City.
Subd. 5. Drawings, Existing Conditions. The application form shall be accompanied by
drawings and information indicating the following:
(a) An accurate certified survey of the proposed plat, current within one year,
showing existing conditions and providing the current legal descriptions of all parcels
within the proposed plat.
(b) Floodplain and shoreland district boundaries within the proposed plat.
(c) Gross acreage and net acreage of the proposed plat, computed to one-tenth of an
acre. Gross acreage means the total site area, and net acreage means gross acreage minus
all wetland areas and areas below the 100 -year ordinary high water level.
(d) Location, width, and name of all existing streets, public ways, parks, and other
public lands (including permanent structures), railroads, utility rights-of-way, corporate
lines, and easements within the proposed plat, and to a distance of 100 feet beyond the
boundary lines of such plat.
Subd. 6. Drawings, Final Plans. The application form shall be accompanied by drawings
and information indicating the following:
(a) Final plat, including the following:
(1) Name of the proposed plat.
(2) Layout of all proposed lot lines with dimensions, and lot and block
numbers.
(3) Layout of all proposed streets, showing right-of-way widths and street
names pursuant to the City's street naming system.
(4) Location, dimensions, and purpose of all easements.
(5) Areas other than streets, sidewalks, trails, pedestrian ways, and utility
easements intended to be dedicated or reserved for private or public use, including
the size of such area(s).
(6) Certification by a registered surveyor, as required by Minnesota Statutes,
Section 505.03, as may be amended.
(7) Space for signatures of all owners of any interest in the land and holders of
a mortgage thereon, in the format prescribed by Hennepin County.
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(8) Space for the signatures of the Mayor and City Clerk to certify approval of
the plat. (Ord. 2011-23, 7/26/2011)
(9) Space for certificates of approval and review, in the format prescribed by
Hennepin County.
(b) Final grading and drainage plan for the proposed plat, including the following:
(1) Lot and block numbers, building pad locations, building style and
proposed building pad elevations at the lowest floor and garage slab for each lot.
(2) Topography in two -foot contour intervals, with existing contours shown as
dashed lines and proposed contours shown as solid lines. Existing topography
shall extend 100 feet beyond the borders of the proposed plat.
(3) Location of all existing natural features on the tract including, but not
limited to, tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs,
steep slopes, etc.
(4) Location of all existing and proposed storm sewer facilities, including
pipes, manholes, catch basins, ponds, swales, and drainage channels within 100
feet of the proposed plat. Pipe type and size, pipe grades, rim and invert
elevations, and normal and high water elevations shall be included.
(5) Flood elevations and locations if the plat is located within, or adjacent to,
a 100 -year flood plain.
(6) Spot elevations at drainage break points and directional arrows indicating
site and swale drainage, and emergency overflow locations, elevations and routes.
(7) Locations, grades, and rim invert elevations of all storm sewer facilities,
including ponds and rain gardens, proposed to serve the plat.
(8) Locations and elevations of all street high and low points.
(9) Street grades.
(10) Phasing of grading.
(11) Benchmark elevations.
(12) Location and elevation of all retaining walls.
(13) Location of all easements, including oversize or non -typical easements.
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(14) An erosion control plan, pursuant to Section 526 of this Chapter.
(c) Final utility plan for the proposed plat, including the following:
(1) Location, dimensions, and purpose of all easements.
(2) Location, size, grades, and rim and invert elevations of existing and
proposed sanitary sewer, storm sewer, water mains, culverts, catch basins, man
holes, hydrants, and other similar facilities within the proposed plat and to a
distance of 100 feet beyond the plat.
(3) Storm sewer, sanitary sewer, and water layouts, including top rim and
invert elevations, proposed gradients, direction of flow, hydrant locations,
drainage areas and benchmark elevations.
(4) Profiles for all proposed utilities.
(d) Final tree preservation plan for the proposed plat, including the following:
(1) Plan showing all existing trees to be removed, disturbed (including
disturbance zones), and preserved. Such plan shall also include proposed
locations and details of tree protection fencing to be installed for all trees to
preserved within 15 feet of the disturbance zone.
(2) Grading contours, existing and proposed.
(3) Location and dimension of proposed building pads and construction zone
proposed for each lot within the proposed plat.
(4) A tabular listing of the caliper inches of each existing significant tree, and
the total caliper inches thereof, together with a tabular listing of the caliper inches
of significant trees to be preserved and to be removed, and the total caliper inches
thereof.
(5) A reforestation plan and/or the dollar amount of restitution required if the
tree removal exceeds the established threshold, pursuant to Section 530 of this
Chapter.
(e) Other drawings required for the proposed plat, as follows:
(1) Location of proposed street lights, as well as the utilities of electricity, gas,
telephone, and CATV.
(2) A general landscaping plan showing plantings, berms, fences, walls,
sidewalks and trails, and any subdivision signage.
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(f) Final street plan for the proposed plat, including the following:
(1) Plan view of proposed and existing streets including location, dimensions,
and purpose of all rights of way and easements, location of existing or proposed
utilities.
(2) Street profiles including existing and proposed elevations extended to
show how they tie into the adjacent properties.
(3) Street cross-section and design information based on the soil r -value.
(Ord. 2003-15, 6/10/2003)
Section 20. Amendment. Section 522 of the City Code (Development Contract) is
amended to read as follows:
522.01. Purpose. It is the purpse of this section to ensure that a subdivider follows the
conditions of approval and properly installs the basic improvements required in a plat. To that
end, whenever a subdivision includes any public improvements or other conditions of approval,
the subdivider shall enter into a development contract with the City, setting for the conditions
under which the subdivision is approved.
522.03. Required Basic Improvements.
Subd. 1. Subdivider Installation of Improvements. The subdivider shall arrange for
installation of all required improvements in the development subject to the development contract.
Subd. 2. City Installation of Improvements. The City reserves the right to elect to install
all or any part of the basic improvements required under the provisions of this section pursuant to
Minnesota Statutes, Chapter 429, as may be amended.
Subd. 3. Basic Improvements Required. All of the following required improvements to be
installed under the provisions of this section shall be designed and constructed in accordance
with the design standards of this Chapter and the City of Plymouth Engineering
Guidelines/Standard Detail Specifications, which are adopted herein by reference; and approved
by and subject to the inspection of the City Engineer. All of the City's expenses incurred as the
result of the required improvements shall be paid to the City by the subdivider. (Ord. 2008-08,
3/25/2008)
(a) Streets.
(b) Sanitary sewer.
(c) Watermain.
(d) Surface water facilities (pipe, ponds, rain gardens, etc.).
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(e) Grading and erosion control.
(f) Sidewalks/trails.
(g) Street lighting.
(h) Street signs and traffic control signs.
(i) Landscaping required by Section 21130.03 of the Zoning Ordinance.
0) Tree preservation.
(k) Wetland mitigation and buffers.
(1) Monuments required by Minnesota Statutes.
(m) Miscellaneous facilities.
522.05. Other Improvements Required. The subdivider shall arrange for the installation
of telephone, CATV, electrical and natural gas service following the grading of boulevard or
utility easements.
522.07. Completion of Basic Improvements.
Subd. 1. The subdivider shall complete all required basic improvements no later than one
year following the commencement of work on the improvements, except 1) where weather
precludes completion, 2) for street lighting, 3) for landscaping and 4) for the wearing course of
streets.
(a) Where weather precludes completion, the improvement(s) may be
completed at the outset of the next construction/growing season.
(b) The subdivider shall complete street lighting within two years following
the initial commencement of work on the required basic improvements.
(c) The subdivider shall complete landscaping within one year following the
issuance of a building permit for the last vacant lot within the subdivision unless
weather precludes completion, in which case the landscaping shall be completed
at the outset of the next growing season.
(Ord. 2008-08, 3/25/2008)
Subd. 2. Reproducible record plans of all public improvements as required by the City
Engineer shall be furnished to the City by the subdivider. Such record plans shall be in mylar
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format and an electronic format approved by the City Engineer and shall be certified to be true
and accurate by the registered engineer responsible for the installation of the improvements.
522.09. Financial Guarantees. Subsequent to execution of the development contract but
prior to the release of a signed final plat mylar for recording, the subdivider shall provide the
City with a financial guarantee in the form of a letter of credit from a bank, cash escrow, or a
combination of a letter of credit and a cash deposit with the City. A letter of credit or cash
escrow shall be in an amount equal to 100 percent of the estimated cost of completion of the
specified basic improvements. The issuer of the letter of credit or the escrow agent, as
applicable, shall be acceptable to the City.
Subd. 1. Letter of Credit. If the subdivider posts a letter of credit as a guarantee, the
credit shall 1) be irrevocable, 2) be from a bank approved by the City, 3) be in a form approved
by the City, 4) be for a term sufficient to cover the completion, maintenance and warranty
periods identified in this Section and which contain such provision for expiration or termination
shall contain the following statement requiring notice to the City, "It is a condition of this
financial guarantee that it shall be deemed automatically extended without change for six months
from the present or any future expiration date(s) unless 60 days prior to the expiration date(s) we
shall notify the City in writing by certified mail that we elect not to consider this financial
guarantee renewed for an additional period." and 5) require only that the City present the credit
with a sight draft and an affidavit signed by the City Manager or the City Manager -'s a���
attesting to the City's right to draw funds under the credit. (Ord. 2007-07, 3/27/2007)
Subd. 2. Cash Escrow. If the subdivider posts a cash escrow as a guarantee, the escrow
instructions approved by the City shall provide that 1) the subdivider will have no right to a
return of any of the funds except as provided in Section 522.13, and 2) the escrow agent shall
have a legal duty to deliver the funds to the City whenever the City Manager or- the -Ciy
Manager'ssignee presents an affidavit to the agent attesting to the City's right to receive funds
whether or not the subdivider protests that right.
Subd. 3. Cash. A cash deposit made with the fity Finance Divisio may be
used as part of the required financial guarantee in those instances where the subdivider elects to
have the City install some or all of the public improvements.
Subd. 4. Subdivider Installed Improvements. For basic improvements to be installed by
the subdivider, the required financial guarantee shall include all the following fixed or estimated
costs.
(a) Costs of the basic improvements identified in Section 522.03, Subd. 3.
(b) Engineering, to include subdivider's design, surveying, and inspection.
(c) Principal amount of special assessments previously levied against the
property together with one year of interest.
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(d) Estimated cost of energy for street lights for the first two years of
operation.
Subd. 5. City Installed Improvements. For basic improvements to be installed by the
City, the required cash deposit and financial guarantee shall be the sum of the following fixed or
estimated costs:
(a) A cash deposit in an amount equal to the estimated cost to prepare the
preliminary engineering report, as determined by the City Engineer. Such cash
deposit shall be made prior to the start of the preliminary engineering report. The
subdivider's cash deposit shall be forfeited to the extent of the costs incurred by
the City in processing the engineering reports required for the proposed project
should the subdivider withdraw or otherwise fail to secure the approvals
necessary for the project to proceed. Should the project not be ordered by the
City for reasons unrelated to the failure or inability of the subdivider to proceed,
the deposit minus any costs incurred in preparing the report shall be refunded to
the subdivider.
(b) A cash deposit in an amount equal to 25 percent of the estimated cost of
installing the specified public improvements as determined by the City Engineer,
which costs would include charges incurred by the City for legal, planning,
engineering and administration associated with the installation project(s). The
deposit shall be applied to the costs of such installations, with the remainder of
the costs specially assessed, in the manner provided by Minnesota Statutes, over a
period of five years together with interest thereon.
(c) In lieu of the cash deposit as required in (b) above, the subdivider may
elect to have the City provide 100 percent of the cost of such installations, which
costs shall be assessed over a period of five years. In such event, the subdivider
shall post a letter of credit for 60 percent of the cost of assessments, which letter
of credit shall be released after the subdivider pays the principal and interest on
said assessments for two years and which letter of credit shall be separate from
any other letters of credit associated with the subdivider's project.
(Ord. 2008-08, 3/25/2008; Ord. 2010-21, 11123/2010)
522.11. Administration of Development Contract. The subdivider shall, upon execution
of the Development Contract, provide to the City of Plymouth a cash escrow to pay for the costs
of administering the Development Contract. Administrative costs include but are not limited to
preparation of the contract, City recording fees for documents required as part of the
development, monitoring of construction observation, consultation with the Developer and
his/her engineer on status or problems regarding the project, plan review, coordination for
testing, final inspection and acceptance, project monitoring during warranty periods, and
processing requests for reduction or release of security, for all public improvements covered by
the development contract. The cash escrow shall equal 4% of the estimated cost of proposed
public improvements, as identified in the development contract. Administrative costs shall be
Ordinance 2011-29
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charged against the cash escrow account and credited to the City. If, at any time prior to
completion of the development contract administration process, the balance in the cash escrow
account is depleted to less than 10% of the originally required cash escrow amount, the
Developer shall deposit additional funds in the cash escrow account as determined by the Zoning
Administrator. Any balance remaining in the cash escrow account upon completion of the
development contract administration process shall be returned to the Developer after all claims
and charges thereto have been deducted.
(Ord. 2005-10, 6/14/2005; Ord. 2010-21, 11/23/2010)
522.13. Release and Expiration of Financial Guarantees.
Subd. 1. The financial guarantee shall be held by the City until, upon written notice by
the subdivider and certification from a professional engineer that part or all of the required
improvements have been completed and upon verification of such by the City staff, a portion or
all of the financial guarantee is released by the City. No financial guarantee shall be released in
full until the City Engineer has received 1) certified, reproducible record plans of all required
improvements installed by the subdivider and 2) a title insurance policy approved by the City
Attorney indicating that the improvements are free and clear of any and all liens and
encumbrances.
Subd 2. It shall be the responsibility of the subdivider to ensure that a submitted financial
guarantee shall continue in full force and effect until the City has approved and accepted all of
the required improvements, and thereby is authorized to release the guarantee as provided in
Subd. 1 above.
Subd. 3. When any instrument submitted as a financial guarantee contains provision for
an expiration date, after which the instrument may not be drawn upon, not withstanding the
status of the Development Contract or of the required improvements, the expiration date shall be
October 31 or the closest business day in the case of weekends and legal holidays. Further, the
financial guarantee shall be deemed automatically extended without change for successive one-
year terms from the original expiration date unless, at least 60 days prior to the expiration date or
next annual renewal date, the financial institution notifies the City in writing by certified mail
that it does not elect to renew the financial guarantee for an additional period. If the instrument
is not to be renewed and has not been released by the City, another acceptable financial
guarantee in the appropriate amount shall be submitted at least 60 days prior to the expiration.
Upon receipt of an acceptable substitute financial guarantee, the City may release the original
guarantee.
(Ord. 2011-06, 2/22/2011)
522.15. Warranty Maintenance Guarantee.
Subd. 1. The subdivider shall submit or maintain a letter of credit for 25 percent of the
original amount of the costs and for the duration specified, for the following improvements:
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(a) The required warranty period for materials and workmanship related to
installation of public sanitary sewer, storm sewer, and water mains shall be two
years from the date of final written City acceptance of the work.
(b) The required warranty period for all work related to street construction,
including concrete curb and gutter, sidewalks and trails, materials, and equipment
shall be one year from the date of final written City acceptance of the work.
(c) The required warranty period for sod, trees, and landscaping (excluding
landscaping related to wetland mitigation) shall be one growing season/winter
cycle following installation.
Subd. 2. The required warranty and warranty period for all work and materials related to
wetland mitigation shall be pursuant to, and in accordance with, Minnesota Rule, Chapter 8420.
(Ord. 2003-15, 6/10/2003; Ord. 2008-08, 3/25/2008, Ord. 2011-06, 2122/2011)
Section 21. Amendment. Section 526 of the City Code (Erosion Control) is amended to
read as follows:
526.01. Erosion Control Plan. Prior to commencing any earth disturbing activity in a
subdivision, the subdivider shall submit an erosion control plan for approval by the City
Engineer. The plan shall be approved if it complies with the City's Zoning Ordinance and the
requirements contained herein.
526.03. Erosion Control Measures.
Subd. 1. The following erosion control measures are required for an erosion control plan:
(a) The plan shall be suited to the topography and soils so as to create the
least erosion potential.
(b) The land shall be developed in increments of workable size on which
adequate controls of erosion and siltation can be provided and maintained during
the construction period. Grading operations and other land disturbing operations
shall be staged so that the area being developed is not exposed for long periods of
time without stabilization.
(c) Temporary vegetation and/or mulching shall be used to protect the areas
exposed during the development. No area shall be left denuded for a period
longer than seven _n days ,. er- iffifi ' site g , ing and ether- land disturbing
operations on slopes of 3:1 or- ; 14 days after initial site grading and other
land disturbing operations.en slopesbetween 3.1 and 10: 1 ; and 21 days "'��"
Ordinance 2011-29
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areas shall be seeded, malehed and stabilized with erosion eefftfel aeWng e
blanket table to the City Engine
..�c�Y��Q-� �.. ���Slopes 3:11 and steeper must have erosion
control blanket. (Ord. 2008-08, 3/25/2008)
(d) Permanent vegetation and structures shall be installed within 30 days after
completion of initial grading. If grading is not completed until after the planting
season has expired, temporary erosion control measures, including dormant
seeding and mulching, shall be implemented.
(e) Sediment basins (debris basins, desilting basins, or silt traps) shall be
installed and maintained to remove sediment from runoff waters from the land
undergoing development. Storm sewer inlets shall be provided with debris guards
and microsilt basins to trap sediment and avoid possible damage from blockage.
The silt shall be removed when necessary. If sediment/siltation measures taken
are not adequate and result in downstream sediment, the subdivider shall be
responsible for cleaning out or dredging downstream storm sewers and ponds as
necessary.
(f) Before grading is commenced, all control measures as shown on the
approved plan shall be installed.
(g) Immediately after curb and gutter has been placed, cured and backfilled,
City approved erosion control measures shall be installed directly behind the curb.
This requirement does not alter the subdivider's responsibility for sodding the
boulevard.
(h) Erosion control practices shall comply with the Minnesota Pellutie
`en.fa, "gene; s Best Management Ductrccs, the Minnesota Stormwater Manual,
or other practices as approved by the City Engineer. (Ord. 2008-08, 3/25/2008)
(i) The subdivider shall be responsible for cleaning and maintenance of the
storm sewer system [including ponds, pipes, catch basins, culverts, and swales]
within the subdivision and the adjacent off-site storm sewer system that receives
storm water from the subdivision. The subdivider shall follow all instructions it
receives from the City concerning the cleaning and maintenance of the storm
sewer system. The subdivider's obligations under this paragraph shall end after
the erosion control is complete and financial guarantees have been released.
0) The subdivider shall be responsible for cleaning all streets in the
subdivision and adjacent to the subdivision from silt and dirt from the
subdivision.
Subd. 2. Financial Guarantee:
(a) In order to guarantee compliance with erosion control measures, a
financial guarantee in the form of a non-interest bearing cash escrow or letter of
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credit satisfactory to the City in the amount of $1,500 per acre shall be provided
to the City before work is commenced. Up to $2,000 of this amount shall be by
cash deposit to be held by the City of Plymouth in a non-interest bearing account.
The financial guarantee shall remain in place until all the subdivider's obligations
under the erosion control plan have been satisfied. (Ord. 2008-08, 3125/2008)
(b) If the City draws upon the financial guarantee, the subdivider shall within
10 days of the draw, deposit with the City additional security of the same type and
amount that the City has drawn. No further inspections will be conducted, no new
building permits will be issued, and all work shall stop within the development
until the cash deposit for erosion control is restored to the pre -draw balance.
Subd. 3. Street Cleaning. Prior to commencement of grading, the subdivider shall enter
into a contract with an unrelated third party to scrape and sweep the streets in the subdivision and
on abutting streets from soil and silt deposited on the streets. At a minimum, scraping and
sweeping shall take place on a weekly basis. The City shall be fiarnished a copy of the contract.
The contract shall provide that the contract cannot be canceled without at least 30 days advance
written notice to the City. The contract shall further provide that the City may order cleaning of
the streets and that the subdivider shall pay the cost. If the subdivider fails to do so, the City may
draw on the subdivider's financial guarantee with the City and use it to provide payment for the
cleaning.
Subd. 4. Enforcement:
(a) The City may issue a stop work order halting all development work and
building construction for noncompliance with the erosion control plan.
(b) The City may draw down the posted financial guarantee and perform any
work necessary to achieve compliance with the erosion control plan. The City
will endeavor to give the subdivider advance notice of such action.
(c) The subdivider shall pay to the City an administration fee of $500 for each
violation of the erosion control plan. If the subdivider does not promptly pay the
fee, the City may draw upon the posted financial guarantee to pay it. (Ord. 2008-
08, 3/2512008)
(Ord. 2003-15, 6/10/2003)
Section 22. Amendment. Section 530 of the City Code (Tree Preservation) is amended to
read as follows:
530.01. Findings and Purposes.
Subd. 1. The C --Ay Council recognizes that preservation and replanting of trees is
important on new development sites in order to maintain a healthy and desirable community.
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The City Council also recognizes that a certain amount of tree loss is an inevitable consequence
of the urban development process. The City Council finds that these tree preservation
regulations help to establish a balance between an individual's rights to develop his or her
property, and the needs of the community to protect all aspects of the natural environment and to
provide housing, services, and employment opportunities within the City.
Subd. 2. The purposes of these tree preservation regulations include, but are not limited
to, 1) prevention of soil erosion and sedimentation, 2) improved air quality, 3) reduced noise
pollution, 4) energy conservation through natural insulation and shading, 5) control of the urban
heat island effect, 6) increased property values, 7) protection of privacy by maintaining and
establishing buffers between conflicting land uses, and 8) providing habitat for wildlife.
530.03. Scone. The regulations contained in this section shall apply to all properties
involving 1) a preliminary plat application received after August 15, 1995, or 2) a lot division
application resulting in the creation of one or more new development parcels, received after
August 15, 1995. The City does, however, strongly encourage preservation of healthy trees on
all properties within the City. (Ord. 2009-08, 5/12/2009)
530.05. Removal Threshold.
Subd. 1. Developments in residential districts may remove or disturb up to 50% of the
total inches of significant trees. Any removal or disturbance beyond this threshold shall require
reforestation or restitution.
Subd. 2. Developments in non-residential districts may remove or disturb up to 75% of
the total inches of significant trees. Any removal or disturbance beyond this threshold shall
require reforestation or restitution.
530.07. Reforestation/Restitution Requirement. If a development exceeds the allowable
removal or disturbance threshold specified in Section 530.05 above, the subdivider shall either
reforest appropriate areas within the site (or outside the site if appropriate locations within the
site are not available) or pay restitution, or provide a combination thereof. For each one (1.0)
tree inch that is removed or disturbed beyond the threshold, the subdivider shall replant 1.25
inches of new trees or provide the City with $125 in restitution. (Ord. 2006-05, 2/07/2006)
530.09. Tree Inches Not Counted. The tree inches of significant trees to be removed for
water quality treatment ponds, public trails or sidewalks, and rights-of-way for arterial and major
collector roadways shall be exempt from the calculation of total significant tree inches on a
development site.
530.11. Tree Survey/Preservation Plan. A tree survey and tree preservation plan shall be
submitted with all preliminary plat applications, and with all lot division applications involving
the creation of one or more new development parcels. The tree survey and tree preservation plan
shall be prepared and signed by a registered surveyor or forester not less than two years prior to
submission of a complete application for preliminary plat approval, and shall provide the
following information:
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(a) Location, diameter, and species of all significant trees on the site.
(b) Identification of which significant trees are 1) to be protected, preserved, or
undisturbed, 2) to be removed or disturbed, and 3) exempt from the calculation (under
Section 530.09). (Ord. 2006-05, 2/07/2006)
(c) Areas proposed to be designated as natural preserves where all natural vegetation,
including significant trees, will be protected and preserved (refer to Section 811 of the
City Code-- Natural Preserves—for information requirements).
(d) Proposed disturbance zones, as identified by cross -hatching or gray -colored
shading on the plan.
(e) Location and dimensions of building pads, construction zone for each lot, and
proposed street layout and grading contours of the site.
(f) Proposed locations and details of tree protection fencing to be installed for all
trees to be preserved.
(g) Calculation of removed or disturbed significant tree inches on the site (excluding
exempt tree inches) divided by the total significant tree inches on the site (excluding
exempt tree inches).
530.13. Reforestation/Restitution Plan.
Subd. 1. If the amount of significant tree inches to be removed or disturbed exceeds the
specified threshold, the subdivider shall provide a reforestation plan, or a calculation of
restitution, or a combination thereof.
Subd. 2. A reforestation plan shall be prepared and signed by a registered landscape
architect or forester and shall comply with the following criteria:
(a) The plan shall indicate the location and diameter or height of all trees to be
planted.
(b) No more than 1/4 of the trees to be planted may be from any one species, unless
recommended by the City Forester.
(c) Plantings shall be of similar vegetation as found on the site, with a preference for
plantings designated as native to the site.
(d) The minimum planting size for deciduous trees shall be 2.5 inches in diameter,
and the minimum planting size for coniferous trees shall be six feet in height, except that
up to 15% of the required tree inches may be of ornamental species of a lesser size,
provided the required number of replacement inches is maintained.
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(e) Installation of trees shall follow the City's standard tree planting details as
provided in the City's Engineering Guidelines. (Ord. 2010-02, 2/23/2010)
(f) Trees to be planted shall be from certified nursery stock as defined and controlled
by Minnesota Statutes Sections 18.44 through 18.61, the Plant Pest Act.
Subd. 3. Replacement trees shown on a reforestation plan may count toward the trees
required by the City's landscaping regulations.
Subd. 4. Restitution shall be paid to the City in cash prior to the City's release of the
signed final plat mylars for recording, or prior to approval of a minor subdivision. Any
restitution paid shall be placed in the Community Planting Fund and shall be used for
reforestation projects in the City.
530.15. Staff Review. The tree preservation plan and any related reforestation plan or
calculation of restitution shall be reviewed and evaluated by the City Forester. The City Forester
may make recommendations for adjustment of locations of structures, roadways, utilities, and for
replanting and other elements that may be necessary to enhance tree preservation and
reforestation efforts.
530.17. City Action. A tree preservation plan and reforestation plan, including the
designation of any natural preserves, shall be considered for approval or denial by the
Council as part of the review of a preliminary plat. (Ord. 2011-06, 2/22/2011)
530.19. Amendments. A tree preservation plan and reforestation plan may amended
after it has been approved. The Zoning Administrator shall have authority to approve
amendments, except that a change resulting in removal of more than ten percent of the
significant tree inches that were shown as preserved on a Qy Council approved tree
preservation plan shall require further review by the City Council. As part of any amendment to
a tree preservation plan, the required reforestation and/or restitution shall be increased or reduced
as appropriate. Requests for amendments shall be submitted prior to removal of any trees shown
as preserved on an approved plan. Amendment of a Natural Preserve shall be governed by
Section 811 of the City Code.
530.21. Financial Guarantee. Following approval of the tree preservation plan, but prior
to issuance of a grading permit or building permit if no grading permit is required, the subdivider
shall provide a financial guarantee, as follows:
Subd. 1. A cash escrow or letter of credit to guarantee the tree preservation plan, and the
reforestation plan if applicable. The guarantee shall be part of the development contract for
projects including public improvements, or shall be part of a site improvement performance
agreement (SIPA) if no public improvements are proposed.
Subd. 2. The amount of the financial guarantee shall be calculated as follows: 25% of
the total significant tree inches shown as preserved that are located within 15 feet of a
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disturbance zone multiplied by $125 per inch, plus 100% of the total tree inches required by the
reforestation plan, if applicable, multiplied by $125 per inch. The minimum financial guarantee
shall be $1,000. The amount of the financial guarantee shall be maintained at the calculated
level until such time as 1) all trees on the site (preserved trees and new reforestation trees) have
survived a winter season, which is defined as the period 31 October through 30 April for the
purpose of this section, and 2) the City has inspected the site and authorized a reduction or
release.
530.23. Inspection and Enforcement of Tree Preservation Plan.
Subd. 1. Prior to removal of any trees and prior to issuance of a grading permit, or prior
to commencement of any grading operations if no grading permit is required, or prior to issuance
of a building permit if no grading operations are required, all sites shall be staked and fenced for
tree preservation pursuant to the approved tree preservation plan. A copy of the approved tree
preservation plan shall be submitted with an application for a grading permit, or with an
application for a building permit if no grading permit is required. Such tree preservation plan
shall also indicate any reforestation trees to be planted on the site. Upon staking of the site and
installation of the tree protection fencing, but prior to issuance of any permits or commencement
of any grading operations, the subdivider shall contact the City Forester to schedule an
inspection of the staking and fence installation on the site. No permits shall be issued, nor shall
any grading operations commence, without first receiving authorization by the City Forester.
Tree protection fencing shall remain in place until after the certificate of occupancy is issued for
the building on the site.
Subd. 2. Upon completion of the preliminary site grading operations, but prior to any
further issuance of permits upon the site, the subdivider shall contact the City Forester to
schedule a second inspection of the site to verify the preservation of trees, as shown on the
approved tree preservation plan. No additional permits shall be issued within the plat until a fine
of $150 per inch is paid for the disturbance of all significant tree inches that have not been
protected, but were shown as protected on the approved tree preservation plan. Any such fines
collected shall be placed in the Community Planting Fund and shall be used for reforestation
projects in the City.
Subd. 3. Prior to issuance of a certificate of occupancy, the subdivider (or builder if
different from the subdivider) shall contact the City Forester to schedule a final tree preservation
inspection to verify the preservation of trees and the planting of any reforestation trees, as shown
on the approved tree preservation plan. This required inspection shall be made at least five
working days before the certificate of occupancy is requested. Prior to issuance of a certificate
of occupancy, a fine of $150 per inch shall be paid for the disturbance of all significant tree
inches that have not been protected, but were shown as protected on the approved tree
preservation plan. Any such fines collected shall be placed in the Community Planting Fund and
shall be used for reforestation projects in the City.
(Ord. 2003-15, 6/1012003)
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Section 23. Amendment. Section 532 of the City Code (Official Maps) is amended to
read as follows:
532.01. Purpose. Land that is needed for future street purposes and as sites for other
necessary public facilities and services is frequently diverted to non-public uses which could
have been located on other lands without hardship or inconvenience to the owners. When this
happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the
expense of dislocating the owners and occupants of the land. Identification on an official map of
land needed for future public uses permits both the public and private property owners to adjust
their building plans equitably and conveniently before investments are made which will make
such adjustments difficult to accomplish. It is the purpose of this ordinance to provide a uniform
procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning
Act, Minnesota Statutes, Section 462.351 to 462.36.
532.03. Official Man Defined. "Official map" as used in this ordinance means a map
adopted in accordance with this ordinance showing existing streets, proposed future streets, and
the area needed for widening of existing streets of the City. An official map may also show the
location of existing and future land and facilities within the City. An official map may cover the
entire City or any portion of the City.
532.05. Initiation of Proceedings. Proceedings for adoption, amendment, or repeal of an
official map or any part thereof may be initiated by 1) the City's Planning Division; 2) a
recommendation of the Planning Commission; or 3) action by the Cly Council.
532.07. Reference to Planning Commission. Every proposed official map or change in a
map shall be referred to the Planning Commission for advice and recommendation thereon, and
such recommendation shall be submitted to the Gity Council within 45 days after reference to the
Planning Commission along with the report of the Commission on the effect of the proposal on
the comprehensive plan of the City. If no recommendation is received by the Council from the
Planning Commission within 45 days after reference of the proposal to the Commission by the
Council, the Council may take such action as it may deem proper upon the proposal without
further action by the Planning Commission.
532.09. Notice and Hearing.
Subd. 1. Notice. Upon receiving the recommendation of the Planning Commission or
after 45 days from the submission of the proposal to the Planning Commission without a
recommendation from the Commission, the Council may call a public hearing on the proposal.
A notice of the time, place, and purpose of the hearing and a description of property to be
included in the mapped streets and public grounds shall be published in the official newspaper at
least 10 days prior to the date of the hearing. At least 10 days prior to the hearing the City Clerk
shall also mail a copy of the notice to each owner of land situated within or abutting any street or
other public ground shown on the official map. For purposes of this notice the owners shall be
determined by the records of the County Auditor and the notice shall be addressed to the last
known address as shown by the Auditor's records. Failure to serve any such notice shall not
invalidate the proceedings.
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Subd. 2. Hearing. At the time and place specified in the notice, the Council shall hear
evidence and arguments concerning the proposal. The hearing may be continued from time to
time without further notice. The Council may direct the Planning Commission to conduct a
hearing and following the hearing to report its recommendation to the Council.
532.11 Preparation and Filing of Mans. The official map or maps shall be prepared in
sufficient detail to permit the establishment of future acquisition lines on the ground. In
unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the
final draft of the official map. The accuracy of the future acquisition lines shown on the official
map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopting
an official map or amending or repealing a previous official map ordinance, a certified copy of
the official map or section to which the ordinance relates together with an attached copy of the
ordinance shall be filed with the County Recorder.
532.13. Effect. After an official map has been adopted and filed, the issuance of building
permits by the City shall be subject to the provisions of this ordinance. The City shall deny
every application for a permit to construct a new building or structure or expand an existing
building or structure within any area designated on the official map for street or other public
purposes. Whenever any street or highway is widened or improved or any new street is opened,
or any interest in lands for other public purposes is acquired by the City, the City is not required
in such proceedings to pay for any building or structure placed without a permit or in violation of
conditions of a permit within the limits of the mapped street or outside of any building line that
may have been established upon the existing street or within any area thus identified for public
purposes. The adoption of an official map does not give the City any right, title, or interest in
areas identified for public purposes thereon, but the adoption of the map does authorize the City
to acquire such interest without paying compensation for buildings or structures erected in such
areas without a permit or in violation of the conditions of a permit.
532.15. Appeals. Whenever a building permit is denied pursuant to this ordinance, the
Board of Appeals and Adjustments shall, upon appeal filed with it by the owner of the land,
grant a permit for building in an area designated on the official map for a street or other public
purpose in any case in which the Board of Appeals and Adjustments finds, upon the evidence
and the arguments presented to it, (a) that the entire property of the appellant of which the area
designated for public purposes forms a part cannot yield a reasonable return to the owner unless
such a permit is granted, or (b) that balancing the interest of the City in preserving the integrity
of the official map and of the comprehensive City plan and the interest of the property owner in
the use of his property and in the benefits of ownership, the grant of such permit is required by
considerations of justice and equity. The Board of Appeals and Adjustments shall hold a public
hearing upon the appeal after notice of the hearing has been published in the official newspaper
once at least 10 days before the hearing. If the Board of Appeals and Adjustments authorizes the
issuance of a permit, it shall specify the exact location, ground area, height, and other details as
to the extent and character of the building for which the permit is granted. If the Board of
Appeals and Adjustments authorizes issuance of a permit, the Council or other Board or
Commission having jurisdiction shall have six months from the date of the decision of the Board
of Appeals and Adjustments to institute proceedings to acquire such land or interest therein, and
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if no such proceedings are started within that time, the City shall issue the permit if the
application otherwise conforms to local ordinances.
(Ord. 2003-15, 6/10/2003)
Section 24. Amendment. Section 600 of the City Code (Garbage and Rubbish Disposal)
is amended to read as follows:
600.01. Prohibitions. Subdivision 1. Garbage Accumulation. It is unlawful for any
person to fail to dispose of Garbage which may be or may accumulate upon property owned or
occupied by such person in a sanitary manner as required by this Section.
Subd. 2. Rubbish Accumulation. It is unlawful to accumulate or permit to accumulate
for whatever time period, any Rubbish, whether indoors or outdoors, on any property in the City
which might constitute a nuisance by reason of appearance, odor, sanitation, the possibility of
littering neighboring properties, the danger of fire or other type of hazard or to otherwise fail to
dispose of Rubbish as required by this Section.
Subd. 3. Yard Waste Accumulation. It is unlawful to accumulate or permit to accumulate
for whatever time period, any Yard Waste on any property in the City which might constitute a
nuisance by reason of appearance, odor, or sanitation, or to otherwise fail to dispose of Yard
Waste as required by this Section. It is also unlawful to do any of the following:
(a) Mow grass in such a manner that grass clippings are deposited in a street,
street gutter, catch basin, sidewalk, or trail.
(b) To rake, blow, or otherwise deposit leaves in a street, street gutter, catch
basin, sidewalk, or trail.
(c) For a property owner or tenant to deposit or to allow to accumulate soil,
leaves, grass clippings, branches, and other yard waste in a street, street gutter,
catch basin, sidewalk or trail abutting their property.
(Ord. 2002-23, 6/11 /2002)
600.03. Intentionally Left Blank.
600.05. Use of Licensed Collectors. Persons desiring to make use of the services of
licensed collectors may do so by notifying such collector and paying the fees provided for in this
Section.
600.07. License Required for Collectors. Subdivision 1. General Rule. It is unlawful for
any person to collect Garbage or Recyclable Materials without having first secured from the
Council a license so to do.
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Subd. 2. License Required for Collectors. Any person desiring a license shall make
application for the same to the City Clerk upon a form prescribed by the City. The application
shall set forth:
(a) Me name and address of the applicant;
(b) aA list of the equipment which the applicant proposes to use in such
collection;
(c) tThe place or places to which the Garbage is to be hauled;
(d) Me manner in which collected matter is to be disposed of;
(e) tThe portion of the City in which collections are to be made; and
(f) aA detailed description of (1) the manner in which the applicant intends to
separately collect and haul away Yard Waste; (2) the manner in which the
applicant intends to account for the amount of such Yard Waste; and (3) the
method by which the applicant will inform its customers of the Yard Waste
collection program.
Subd. 3. Surety Bond Required. If the application is approved by the Council, the
applicant shall deposit with the City Clerk a surety bond in form satisfactory to the City Attorney
in the penal sum of $1,000 conditioned upon the faithful and continuous provision of the
collection service specified by the Council and under the conditions imposed by the laws of the
City and the lawful orders, rules and regulations of the Health Officer. If such surety bond is
approved by the Council, the City Clerk shall issue and deliver the license.
Subd. 4. License Fee. The license fees are set forth in is as fixed by Chapter X and "I
Subd. 5. Duration of Licenses; Expiration Date. The license shall be for a period of one
year, and shall expire on April 1 of each year.
600.09. Duties of Collector; Equipment; Collection. Each licensed garbage collector shall
provide a covered tank or wagon, so constructed that the contents will not leak or spill there
from, in which all Garbage collected shall be conveyed to the place designated in the application.
The wagon or conveyance used shall be kept clean and as free from offensive odors as possible,
and shall not be allowed to stand in any street, alley or public place longer than is reasonably
necessary to collect Garbage.
600.11. Service Charges; Manner of Payment. The expense of collection shall be paid to
the collector monthly, by the owner, agent, occupant, or tenant of the premises from which such
Garbage is collected, and such fee shall be full compensation for his services in such collection
but in no case shall the fee charged for such collection exceed maximum sums set by the
Council, provided that if the tenant or occupant of the property fails to pay said expense, the
Ordinance 2011-29
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owner shall be liable therefore to the collector. The collector may refuse to make collection from
any premises when the fees provided for herein are not paid within 30 days from the date when
due. The collector shall notify the Health Officer and the Chief ef Police Chief of the
discontinuance of such service to any premises within two days after service is discontinued.
600.13. Weekly and Semi -Weekly Collections. Each licensed collector shall make
collections, in that portion of the City in which the collector is licensed to collect, weekly from
residences and semi-weekly from hotels, restaurants, boarding houses, etc.
600.15. Garbage Disposal; Duties of Householder, Occupant or Owner. Every
householder or occupant of any dwelling house, boarding house, restaurant or any place of
business, having Garbage to dispose of, shall provide for the disposal of such Garbage in a
sanitary and environmentally sound manner and shall provide one or more fly tight containers
sufficient to receive all garbage which may accumulate between the times of collection. Each
container shall be provided with a bail or handles and a tight fitting cover. All Garbage and
Rubbish accumulating between the times of collection shall be placed in the garbage containers.
Garbage containers shall be kept at or near the back door or in or near the garage of the building
using the same or at the rear of the property if there is any alley and shall be accessible to
collectors at all reasonable times.
600.17. Rubbish Disposal; Duties of Householder, Occupant or Owner. Every
householder or owner, occupant or tenant of any premises who does not otherwise dispose of
Rubbish in a sanitary and environmentally sound manner, shall contract with a licensed collector
to collect and dispose of Rubbish and shall place all Rubbish in a tight container and make such
container available to collectors as required under this Chapter.
600.19. Rubbish Disposal; Duties of Licensed Collectors; Service Charges. Each licensed
collector shall collect and haul away once each month to such place as may be designated by the
Health Officer, all such Rubbish from premises located within the area in which he is authorized
to collect Garbage. The collector may charge for such service to the owner or occupant of the
premises an amount not to exceed a rate per bushel for such Rubbish removed as set by the
Council. The rate charged by the collector shall vary with the volume or weight of the Rubbish
collected. The rate charged to an owner or occupant who recycles shall not be greater than the
rate charged to non-recyclers.
600.20. Yard Waste; Duties of Householder, Occupant or Owner. Every householder or
owner, occupant or tenant of any premises who does not otherwise dispose of or compost Yard
Waste in a sanitary and environmentally sound manner, shall contract with a licensed collector to
collect and dispose of Yard Waste and make such Yard Waste available to collector as required
under this Chapter.
600.21. Yard Waste; Duties of Licensed Garbage Collectors. Each licensed collector shall
separately collect, and haul away Yard Waste. Each licensed collector shall haul the Yard Waste
to a compost site approved by the City Manager '
and shall keep an accurate accounting of the amount of such Yard Waste. Each licensed collector
shall submit a written report to the City ManagerManager-!s authorized mpr-esentafive
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detailing the amount of such Yard Waste that has been collected and delivered for composting
during the preceding license period.
600.22. Yard Waste; Composting. Subdivision 1. General Rule. Every householder or
owner, occupant or tenant of any premises who composts Yard Waste shall do so in an
environmentally sound manner, and shall meet the standards set forth in this Section.
Composting shall be allowed only on properties where there is located a single-family detached
dwelling or property operated by the City as an essential service.
Subd. 2. Containment Structure. All composting materials shall be contained in a
structure constructed of durable material such as rot resistant wood, block, sturdy metal fencing,
or in commercially fabricated compost bins designed to contain composting material. Unless the
composting structure is a commercial product particularly manufactured for composting
purposes, the composting structure shall be no smaller than three feet by three feet by three feet
but shall not exceed five feet in width, 12 feet in length and five feet in height.
Subd. 3. Containment Structure Location. Composting containment structures shall be at
least 40 feet from any inhabited building not owned by the generator of the compost material, six
feet from any City park or trail and shall otherwise be located in compliance with the Zoning
OedeOrdinance requirements for accessory structures.
Subd. 4. Materials Allowed in Containment Structure. Only acceptable materials
generated from the legal boundaries of the site of the containment structure shall be allowed into
the containment structure. "Acceptable materials" as used herein means plant material consisting
of grass clippings, leaves, weeds, small twigs (1/4 inch diameter or less), evergreen cones and
needles, wood chips, raw fruit and vegetable food scraps, herbaceous garden debris and
commercial ingredients (mixed into the composting material) specifically designed to speed or
enhance decomposition. (Ord. 2002-15, 3/26/2002)
Subd. 5. Containment Structure Maintenance. Standard compost management
techniques shall be employed to enhance rapid biological degradation of the material without
producing objectionable odors, including aeration, adding moisture, and providing a balance of
composting materials.
600.23. Rubbish Disposal; Construction Rubbish. Building permittees or their contractors
shall provide an enclosure or container of sufficient size at each construction location and deposit
all construction related rubbish therein. Construction personnel shall properly dispose of all
construction related material and Rubbish in order to prevent littering of the construction site or
adjacent areas. In addition, the City encourages source separation and recycling of untreated
lumber, cardboard, drywall, asphalt roof shingles and concrete and brick. (Ord. 2003-16,
6/10/2003)
600.25. Recycling Collection. Subdivision 1. Collection Services Contract; Rules. The
City may contract with one or more licensed collectors or haulers for the collection, removal and
disposal of some or all types of Recyclable Materials from some or all types of properties in the
City. The Qty Council may adopt additional rules not inconsistent with this Section as necessary
Ordinance 2011-29
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for the collection, removal, and disposal of Recyclable Materials, including but not limited to
rules governing the days and hours of collection, the types of Recyclable Materials to be
collected, the manner in which Recyclable Materials must be prepared for collection, the
recycling containers to be used, the location of recycling containers for collection, and the types
of properties to be provided recycling collection services.
Subd. 2. Recycling Services Fee. The Gi4y Council may establish by resolution a fee for
recycling collection services.
Subd. 3. Billing. The recycling services fee is payable by the owner, lessee, or occupant
of each dwelling unit or property to which the services are made available under the City's
contract with a licensed collector or hauler. The recycling services fee will be shown as a
separate charge on the utility bill for the dwelling unit or property and is payable in the manner
established by this Code for utility bills.
Subd. 4. Amount Due After Due Date. An amount equal to 10% of the unpaid current
month service charges shall be added to each account which is not paid by the due date as
specified in the billing notice. (Ord. 94-25, 12/19/94)
Subd. 5. Assessment of Unpaid Bills. The Administrative Services
Director must annually certify all delinquent accounts to the City Manager, who must prepare an
assessment roll providing for assessment of the delinquent amounts against the respective
properties served. The City Manager must deliver the assessment roll to the City Council for
adoption on or before October 31 st of each year. Such action may be optional or subsequent to
taking action to collect delinquent accounts.
Subd. 6. Reporting Requirements. Any licensed collector of Recyclable Materials must
submit periodic reports as required by the City Manager describing the amount and type of
recycling materials collected from multiple family dwellings and the location of such collection.
600.27. Scavenging of Recyclable Materials Prohibited. Subdivision 1.
Prohibited Conduct. It is unlawful for a person to collect, remove, or dispose of Recyclable
Materials after the materials have been placed or deposited for collection, unless the City
Manager or the City's contractor has authorized the person to do so.
Subd. 2. Recycling Programs Not Restricted. Nothing in this Subsection restricts the
right of any person to give or sell Recyclable Materials to any lawfully operated recycling
program or the right of any authorized recycling program to lawfully operate within the City,
subject to such other licenses or other regulations as may be required by law.
Subd. 3. Penal . A violation of this Subsection is a Misdemeanor.
600.29. Required Recycling Services: Multiple Family Dwellings. Subdivision 1.
Definitions. For purposes of this subsection, the following terms have the meanings indicated:
Ordinance 2011-29
Page 90
(a) "Multiple family dwellings" means a building or a portion thereof
containing nine or more dwelling units.
(b) "Designated recyclables" means the following recyclable materials:
aluminum recyclables, can recyclables, glass recyclables, paper recyclables,
plastic bottle recyclables, and corrugated cardboard.
(c) "Aluminum recyclables" means disposable containers fabricated primarily
of aluminum, commonly used for soda, beer, or other beverages.
(d) "Can recyclables" means all disposable containers fabricated primarily of
metal or tin.
(e) "Glass recyclables means unbroken jars, bottles, and containers which are
primarily used for packing and bottling of various matter.
(f) "Paper recyclables" means newsprint, office paper, and other uncoated
paper products. The term does not include paper products with a waxy, polished,
or glossy surface, such as glossy magazines, and does not include paper products
that are bound together with glue, such as telephone books.
(g) "Plastic bottle recyclables" means all disposable bottles fabricated from
plastic.
(h) "Corrugated cardboard" means cardboard material with double wall
construction and corrugated separation between walls.
(i) "Collection" means the aggregation of recyclable materials from the place
at which it is generated and includes all activities up to the time when the waste is
delivered to the facility designated by the owner of the multiple family dwelling.
Subd. 2. Collection Services Required. The owner of a multiple family dwelling must
make available to the occupants of all dwelling units on the premises services for the collection
of designated recyclables. The collection services must be available on the premises and must be
provided on a regularly scheduled basis. The owner and owner's employees may provide the
collection services personally, or the owner may contract with a collector, licensed under this
section to provide the services.
Subd. 3. Recycling information Required. The owner of a multiple family dwelling must
provide information to the occupants of each dwelling unit which notifies the occupants of the
availability of collection services, describes the procedures required to prepare the designated
recyclables for collection, and identifies the dates and times of collection.
Subd. 4. Container Requirements. The owner of a multiple family dwelling must
provide containers for the collection of designated recyclables and must maintain the containers
in a clean and sanitary condition. The containers must be sufficient in number and size to meet
Ordinance 2011-29
Page 91
the demands for recycling services created by the occupants. The owner must replace stolen or
broken containers and purchase additional containers as needed. Containers must be placed in a
location on the premises which permits access for collection purposes but which does not
obstruct pedestrian or vehicular traffic and must comply with the GA54s -4Zoning eOrdinance.
Subd. 5. Transportation and Disposal. Upon collection by the owner, owner's
employees, or licensed collector, that person must deliver the designated recyclables to a
recyclable material processing center, an end market for sale or reuse, or to an intermediate
collection center for later delivery to a processing center or end market. It is unlawful for any
person to transport for disposal or to dispose of designated recyclables in a solid waste disposal
facility. Designated recyclables must be transported in a covered vehicle so that the recyclables
do not drop or blow onto any public street or private property during transport.
Subd. 6. Anti -scavenging. It is unlawful for any person other than the owner or owner's
authorized employees or contractor to collect, remove, or dispose of designated recyclables after
the materials have been placed or deposited for collection.
Subd. 7. Annual Report. Each owner of a multiple family dwelling must file an annual
report with the City on a form to be provided by the City's meyeling eeefdiaatei�Transit/Solid
Waste Manager. The report must contain, at a minimum, the following information:
(a) nName of owner;
(b) oAddress of multiple family dwelling;
(c) eNumber of dwelling units;
(d) Qescription of collection services made available to occupants, including
location of containers, date and time of collection and whether collection services
are provided by owner, owner's employees, or a licensed collector;
(e) dDescription of methods used to inform occupants of availability of
services, including a copy of any notice sent to occupants or posted on the
premises and a record of the dates such notice was sent and locations posted;
(f) eName and address of licensed collector, if any, who provides collection
services.
Subd. 8. Penalties for Violation. Violation of this subsection is a Petty Misdemeanor. A
fourth or subsequent violation of this subsection is a Misdemeanor.
Subd. 9. Exception. This subsection does not apply to the extent that, under this Code,
the Gi4y Council contracts to provide recycling collection services to some or all multiple family
dwellings.
Ordinance 2011-29
Page 92
Section 25. Repeal. Section 610 of the City Code (Cesspools and Septic Tanks/
Scavengers) is hereby repealed:
610.01. PeFmit Reguir-ed. in the evenA theA an ladiAdual Sewage Disposal System n+Hs
be opened in order- to remove its eefftents, a pem+k must first be seetwed ftem the buildin
inspeeter, The fiae set by Chapter- X shall be paid for- the pefmit. The peFmit is valid for- seve
..ti
y -e.•
.v: ■in
MA
Y.
.
Ordinance 2011-29
Page 93
private r-esidenee, sehool buildifig, ehffeh building, hotel, theater-, publie or private hal4-,
; iz`
SSltial!±SS�1 ZR Rl.el�
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Ordinance 2011-29
Page 94
IJ . I.— —.—
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610.15. Right of Seavengef
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i enter- upon any
Disposal System, and shall
neeessafy for- ,a, examination
610.17. Reveeatien
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to any and all pafts
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Section 26. Amendment. Section 615 of the City Code (Massage Therapy Center
Businesses) is amended to read as follows:
615.01. Policy; License Required. Subdivision 1. Findings; Policy. It is found and
determined that Massage Therapy Center businesses are particularly subject to abuses which are
contrary to the morals, health, safety and general welfare of the community. Further, it is found
that control of these abuses requires intensive efforts of the police department as well as other
departments of the City. These efforts exceed those required to control and regulate other
business activities licensed by the City. This concentrated use of City services tends to detract
from and reduce the level of service available to the rest of the community and thereby
diminishes the ability of the City to promote the general health, welfare, morals and safety of the
community. (Ord. 95-21, 4/04/95; Ord. 96-30, 12/11/96)
Ordinance 2011-29
Page 95
Subd. 2. General Rule; Number of Licenses. No person shall engage in the business of
operating a Massage Therapy Center business either exclusively or in connection with any other
business without being licensed as provided in this Section. (Ord. 95-21, 4/04/95; Ord. 96-30,
12/11/96)
Subd. 3. Exceptions. Sports and fitness clubs as defined in the Plymouth Zoning
Ordinance are exempt from the licensing requirement of this Section.
615.03. License, Application. Application for a Massage Therapy Center license shall be
made on forms provided by the City Manager. The application shall contain:
(a) A description of the property to be used;
(b) The names and addresses of the owner, lessee, if any, and the operator or
manager;
(c) The names, residences and addresses of two persons, residents of Hennepin
County, who may be referred to as to the applicant's, the manager's or operator's
character;
(d) Whether the applicant, manager or operator has ever been convicted of a crime or
offense other than a traffic offense and, if so, information as to the time, place, and nature
of such crime or offense; and
(e) Such other information as the City Manager may require.
If the application is made on behalf of a corporation or a partnership, it shall be accompanied by
appropriate business records showing the names and addresses of all individuals having an
interest in the business and, in the case of a corporation, the names and addresses of the officers
and shareholders. Applicants shall furnish to the City with their application, documents
establishing the applicant's interest in the premises on which the business will be located.
Documentation shall be in the form of a lease, a deed, a contract for deed or any other document
which establishes the applicant's interest. The applications for license shall be signed and sworn
to. If the application is by a natural person, it shall be signed and sworn to by such person; if by
a partnership, by one of the partners; and if by an unincorporated association, by the manager or
managing officer thereof.
(Ord. 95-21, 4/04/95; Ord. 96-30,12111196)
615.05. License Fees and Lieense . The initW appheatien license fees are set
forth in is b Chapter X. The application, investigation, and license fees shall be paid
when the application is filed. In the event that the application is denied or in the event if the
issued license enee-issued is revoked, canceled, suspended or surrendered, no part of the mal
license fee shall be returned to the applicant unless by Council action. A separate license shall be
obtained for each place of business. The licensee shall display the license in a prominent place
in the licensed business at all times.
Ordinance 2011-29
Page 96
(Ord. 95-21, 4/04/95; Ord. 95-42, 8/15/95)
615.07. Granting or Denial of Licenses. License applications shall be reviewed by the
pPolice dDepartment, planrAftecommunily Development dDepartment, eCounty hHealth
4Department and sueh etheF depai4fnein as directed by the City Manager shall ec. The
review shall include an inspection of the premises covered by the application to determine
whether the premises conform to all requirements of this Code. Recommendations of each
department shall be made in writing to the City Manager. Thereafter, licenses shall be granted or
denied by the Cily Manager subject to the provisions of this Section. The applicant may appeal
to the Gity-Council from the City Manager's decision.
615.09. Conditions Governing Issuance.
(a) No license shall be issued if the applicant or any of its owners, managers,
employees or agents is a person of bad repute.
(b) Licenses shall be issued only if the applicant and all of its owners, managers,
employees and agents are free of convictions for offenses which involve moral turpitude
or which relate directly to such person's ability, capacity or fitness to perform the duties
and discharge the responsibilities of the licensed activity.
(c) Licenses shall be issued only to applicants who have not, within one year prior to
the date of application been denied licensure; or who have not within such period had a
same or similar license revoked.
(d) Licenses shall be issued only to applicants who have provided all of the
information requested in the application, have paid the full license fee and have
cooperated with the City in review of the application.
(e) If the applicant is a natural person, a license shall be granted only if such person is
18 years of age or older.
(f) Licenses may be granted only for locations in the districts classified as non-
residence districts under the Zoning Ge&Ordinance and subject to the provisions of the
Zoning Ce&Ordinance.
(g) Licenses shall be granted only to establishments which meet the safety, sanitary
and building code requirements of the State and City.
(h) A license shall not be granted if granting the license would be inconsistent with
the Comprehensive Plan of the City, or would otherwise have a detrimental effect upon
other property or properties in the vicinity.
(i) The establishment shall meet the requirements of Section 615.13. (Ord. 95-21,
4/04/95)
Ordinance 2011-29
Page 97
615.11. Restrictions and Regulations. Subdivision 1. Compliance with Law. The
licensee and the persons in its employ shall comply with all applicable regulations and laws of
the City and State relating to safety and morals.
Subd. 2. Person in Charge; Manager. If the licensee is a partnership or a corporation, the
applicant shall designate a person to be manager and in responsible charge of the business. The
manager shall remain responsible for the conduct of the business until another suitable person
has been designated in writing by the licensee. The licensee shall promptly notify the pPolice
dDepartment in writing of any such change indicating the name and address of the new manager
and the effective date of such change.
Subd. 3. Employees. The licensee shall furnish the police department with a list of
current employees indicating their names, addresses and which employees are practicing
massage as part of their duties. The licensee shall promptly notify the pPolice dDepartment of
any change in the list.
Subd. 4. Hours. The licensed premises shall not be open for business nor shall patrons
be permitted on the premises between the hours of 1:00 a.m. and 6:00 a.m. of the same day.
Subd. 5. Inspection. The licensee shall permit and allow the inspection of the premises
during business hours by all appropriate City employees.
Subd. 6. Identification. Upon demand by any police officer any person employed in any
licensed premises shall identify himself by giving his/her true legal name and his/her correct
address.
Subd. 7. Minors. No person under 18 years of age shall be employed in an establishment
requiring a license under the provisions of this Code.
Subd. 8. Massage Therapist. No mMassage tTherapy 6Center shall employ or use any
person to give massage therapy, unless such person meets the licensing requirements of Section.
1135 of this Code. Any person acting as a Massage Therapist in any such business shall have
his/her certificate or a true copy thereof displayed in a prominent place in the premises. (Ord.
95-21, 4/04/95; Ord. 96-30,12111196)
615.13 Construction and Maintenance Requirements. Subdivision 1. Restrooms. All
restrooms shall be provided with mechanical ventilation with 2 cfin per square foot of floor area,
a hand washing sink equipped with hot and cold running water under pressure, sanitary towels
and a soap dispenser. (Ord. 96-30, 12/11/96)
Subd. 2. Li tin . All rooms in the licensed premises including but not limited to
massage rooms, restrooms, bathrooms, janitor's closet, hallways, reception areas and any room
used by customers shall be illuminated with not less than 30 foot candles of illumination. (Ord.
95-21, 4/04/95; Ord. 96-30, 12/11/96)
Ordinance 2011-29
Page 98
Subd. 3. Cleaning Supplies. Each establishment shall have a janitor's closet which shall
provide for the storage of cleaning supplies. (Ord. 95-21, 4/04/95)
Subd. 4. Lockers. Individual lockers may be made available for use by patrons of
massage therapy centers. Such lockers shall have separate keys for locking. (Ord. 95-21,
4/04/95; Ord. 96-30, 12111/96)
Subd. 5. Refuse. Such establishments shall provide adequate refuse receptacles which
shall be emptied as required.
Subd. 6. Door Locks. The doors to the individual massage rooms may be equipped with
locking devices and shall not be blocked or obstructed from either side. Door locks shall be used
only at the request of the patron. (Ord. 95-21, 4104/95)
615.15. Revocation and Suspension of License. Subdivision 1. City Manager Action.
The license may be revoked, suspended or not renewed by the City Manager upon a showing that
the licensee, its owner, manager, employee or agent has engaged in any of the following conduct:
(a) Fraud, deception or misrepresentation in connection with the securing of
the license.
(b) Habitual drunkenness or intemperance in the use of drugs including but
not limited to the use of drugs defined in either Federal or State laws, barbiturates,
hallucinogenic drugs, amphetamines, benzedrine, dexedrine, or other sedatives,
depressants, stimulants, or tranquilizers.
(c) Conduct inimical to the interests of the public health, safety, welfare or
morals.
(d) Acts demonstrating or involving moral turpitude.
(e) Failure to fully comply with the requirements of this Code.
(f) Conviction of prostitution or other offense involving moral turpitude by
any court of competent jurisdiction.
(g) Engaging in any conduct which would constitute grounds for refusal to
issue a license under this Chapter.
Subd. 2. Anneal. The licensee may appeal such suspension, revocation or non -renewal
to the City Council. The Council shall consider the appeal at a regularly or specially scheduled
Council meeting on or after 10 days from service of the notice of appeal upon the City Clerk by
the licensee. Hearing on the appeal shall be open to the public and the licensee shall have the
right to appear and be represented by legal counsel and to offer evidence in behalf of licensure.
At the conclusion of the hearing, or as soon thereafter as practicable, the Council may order:
Ordinance 2011-29
Page 99
(a) The revocation, suspension or non -renewal of the license.
(b) The revocation, suspension or non -renewal by the City Manager be lifted
and the license be returned to the licensee.
(c) The Qty Council may base its action regarding the license upon any
additional terms, conditions and stipulations which it may, in its discretion,
impose.
Section 27. Amendment. Section 705 of the City Code (Regulation of Public and Private
Sewers and Drains) is amended to read as follows:
705.01. Definition. For purposes of this Chapter VII, the term "Inspector" means a
person duly authorized, including the Building Official, to inspect and approve the installation
of building sewers and their connection to the public sewer system.
705.03. Certain Deposits Unlawful. It is unlawful to place, deposit, or permit to be
deposited in an unsanitary manner upon public or private property within the City or in any
area under its jurisdiction, any human or animal excrement, Garbage or other objectionable
waste which ordinarily would be regarded as Sewage or Industrial Wastes.
705.05. Certain Discharges Unlawful. It is unlawful to discharge to any natural outlet
within the City, or in any area under its jurisdiction, any Sewage, Sanitary Sewer, Industrial
Waste, or other polluted waters, except where suitable treatment has been provided in
accordance with the provisions of this Section.
705.07. Certain Sewage Facilities. Except as hereinafter provided, it is unlawful to
construct or maintain any privy, privy vault, septic tank, cesspool, or other facilities intended or
used for the disposal of Sewage.
705.09. Certain Facilities Required - Owner's Duties. Subdivision 1.
Toilet Facilities: Public Streets. The owner of any house, building or property used for human
occupancy, employment, recreation or other similar purpose situated within the City and
abutting any street, alley or right-of-way in which there is now located or may in the future be
located a Public Sanitary Sewer of the City, is hereby required to install suitable toilet facilities
therein at the owner's expense. In the event an individual sewage treatment system requires
modification or repair and in the further event that a Public Sanitary Sewer is located within
100 feet of the property line, the owner of such property shall be required to connect to the
Public Sewer. Connections to Public Sanitary Sewer facilities must be made within 24 months
from and after the 1 st day of January next following the date on which a special assessment for
such Sanitary Sewer facilities to the particular property is adopted by the Cy Council. If the
owner of any property fails or refuses to connect to Public Sanitary Sewer facilities, the City
may provide for the installation of such facilities and charge the cost thereof against the
property as a special assessment in accordance with the provisions of Minnesota Statute Section
Ordinance 2011-29
Page 100
412.221, as amended. In addition, the owner shall be responsible for maintenance of the sewer
line that lies between the Public Sewer and the building. (Ord. 2010-02, 2/23/2010)
Subd. 2. Toilet Facilities; No Sewer Available. Where a public sanitary or combined
sewer is not available, the Building Sewer shall be connected to an Individual Sewage
Treatment System complying with all requirements of Section 710 of this Code.
Subd. 3. Abandonment of Private Systems. When a Public Sewer becomes available to
a property served by a Sewage Treatment System and a direct connection is made to the Public
Sewer in compliance with this Section, any septic tanks, cesspools and similar Individual
Sewage Treatment Systems shall be abandoned in accordance with Section 710 of this Chapter
and filled with suitable material. (Ord. 2010-02, 2/23/2010)
Subd. 4. Failure of Individual Sewage Treatment Systems. When a Public Sewer is
available to a point within 100 feet of a piece of property where an Individual Sewage
Treatment System has failed to function properly, such sewage system serving a structure must
be abandoned and the premises served shall be connected to the public sanitary sewer system
once the determination of failure has been made by the Inspection Division and within fifteen
(15) days from date which notice of correction has been sent to the owner of the property by the
Inspection Division.
(Ord. 98-35, 11 /04/98)
enc i i R o,., la fi ,.. of the Qpe...,,-io of hidividual Sewage m o,,.... ea4
tanks,into the Sewer- or- may be emptied by fiewing the eefAents there f in4e the Building Sew
at the pr-opei4y line; provided that a sefeeff is plaeed at the inlet to said pipe to pr-ev
obstmetiens fiem entering the system. No solids shall be peffait4ed to en4er- the Sewer- systein.
Baekfilling above the eevef level of any septie tank or- similar- ,
shall net eeffunenee until permissieff has been gr-arAed by the Building OffieW.
= lla
Reatment System in a sanitary manner- at all times, at no expense to the Cit'j'.
eanstmed te iateff�Fe with any addifienal r-eqair-emepAs that may be imposed by an authorized
City effieial-.
705.13. Permit Required for Building Sewers. Subdivision 1. General Rule. No person
shall uncover, make any connections with or opening into, or use, alter, or disturb any Public
Sewer or appurtenances thereof without first obtaining a written permit therefor from the City.
Ordinance 2011-29
Page 101
Subd. 42. Fees. The fees for permits and inspections pursuant to this Section are set
forth inby Chapter X.
(Ord. 98-35, 11 /04/98)
705.15. Installation Costs, Indemnification. All costs and expense incident to the
installation, connection, and maintenance of the sewer line lying between the Public Sewer and
the building shall be borne by the owner. The owner or the person installing the Building
Sewer for the owner shall indemnify the City pursuant to Subsection 705.13, from any loss or
damage that may directly or indirectly be occasioned by the installation. (Ord. 2010-02,
2/23/2010)
705.17. Sgparate and Indgpendent Sewers Re uired• Excqptions. A separate and
independent Building Sewer shall be provided for every building; except where one building
stands at the rear of another or 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 Sewer from the front building may be extended to the rear building and the whole
considered as one Building Sewer. Other exceptions will be allowed only by special
permission granted by the Building Official.
705.19. Use of Existing Building Sewers. Existing Building Sewers or portions thereof
may be used in connection with new buildings only when they are found on examination and
test by the Inspector to meet all requirements of this Section. The Building Sewer shall be
constructed in accordance with the provisions of See fi ,r 710 of this Gedethe Minnesota State
Plumbing Code.
705.21. Artificial Lifting Required in Certain Buildings; Certain Equipment Prohibited.
In any buildings in which a Building Drain is too low to permit gravity flow to the Public
Sewer, Sanitary Sewage carried by such drains shall be lifted by approved artificial means and
discharged to the Building Sewer. No water operated sewage ejector shall be used.
705.23. Inspection and Connection of Building Sewers; Notice; Supervision.
The applicant for the Building Sewer shall notify the Building Official when the Building
Sewer is ready for inspection and connection to the Public Sewer.
705.25. Regulation of Excavation. All excavations for Building Sewer installation shall
be adequately guarded with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways and other public property disturbed in the course of the work shall
be restored in a manner satisfactory to the said City.
Ordinance 2011-29
Page 102
705.27. Approved Connections; Types; When Used. Subdivision 1.
Approved Connections. Approved types of commercial and industrial service connections are
Type 1 and Type 2 as specified in this subsection.
Subd. 2. Type 1 • Vitrified Clay Wye Branches Installed in the Main Sewer at the Time
of Construction. Connections to existing wye branches shall be made with an approved type of
joint material of the bituminous type or an approved compression coupling. The connection
shall be completely watertight. No connection shall be allowed to any damaged wye branch. If
damage occurs during the making of the connection, the wye branch shall be taken out of the
main sewer by the plumber and replaced either by another undamaged wye or by straight
vitrified clay pipe. If straight pipe is used in the replacement, other approved connection
methods shall be used. Concrete encasement of the wye branch, connection joint, or any other
part of the connection shall not be deemed watertight and shall not be allowed as a method of
repairing a damaged joint. House service connections may be made with any material
authorized by the Building Code. Such pipe must be connected to the building drain at its point
of exit from the building unless heavy duty cast iron pipe is already in use from the building to
the septic tank or cesspool, in which case the connection may be made at the septic tank or
cesspool. When a service connection is placed across peat or other unstable soil having a depth
in excess of four feet, bridging using four foot lengths of 2" x 6" planks should be placed three
feet on center under the service pipe. In the event that the peat or other unstable soil is four feet
or less in depth, then such peat or other unstable soil must be removed and a stabilized base be
placed to the pipe invert.
Subd. 3. Type 2• Connections of the Saddle Type Installed in the Main Sewer.
Connection of this type shall be made in a smooth 3 round hole, machine -drilled into the main
sewer pipe. The fitting used in the connection shall be made in such a manner as to insure that
no protrusion of the fitting into the main sewer pipe shall result. The connector shall fit
perfectly the contour of the inside of the Sanitary Sewer and shall be specifically designed to fit
the particular size main sewer pipe into which the connection is made. The machine -drilled
hole shall be of such size to provide 1/8 inch clearance between the outside of the fitting and
the hole. The space thus provided shall be completely filled with joint material. The space
between the shoulder of the fitting and the face of the main sewer pipe shall be 1/8 inch thick
and this space shall also be completely filled with joint material. The joint material used for the
Type 2 house service connection shall be completely waterproof and shall be capable of
withstanding any condition of stress or strain likely to be encountered in normal Sanitary Sewer
construction or maintenance. Concrete encasement will not be considered waterproof. The
fitting shall be manufactured of either cast aluminum alloy or vitrified clay pipe and shall be
capable of receiving all normally used types of pipe for house service connections. The Type 2
fitting and drilling machine herein described shall be of the type manufactured by Smith &
Loveless, Division - Union Tank Car Company, Lenexa, Kansas, or an approved equal.
Subd. 4. Alternate Use of Type 1 and Type 2 Connections. Type 1 connections may be
used in existing Sanitary Sewers when wye branches previously installed are readily and
conveniently available. If existing wye branches cannot be found readily and are not located
properly for providing the needed service, Type 2 connections shall be made. When new
Sanitary Sewers are constructed, Type 1 connections may be made in cases where the
Ordinance 2011-29
Page 103
connection to the house is made during construction and before backfilling of the sanitary main
sewer trench. No new branches shall be installed and covered up for future use. Type 2
connections shall be made in all cases where house services are installed subsequent to
construction and backfilling operations.
705.29. Certain Uses of Sewers Prohibited. It is unlawful to discharge or cause to be
discharged to any Public Sewer, any harmful waters of wastes, whether liquid, solid or gas,
capable of causing obstruction to the flow in the sewers, damage or hazard to structures,
equipment and personnel of the sewerage works, or other interferences with the proper
operation of the sewage works. Violation of this Subsection is a misdemeanor.
(Ord. 95-36, 6/20/95)
705.31. Approval Required for Admission in Sewers of Harmful or
Objectionable Materials. The admission into the Public Sewers of any waters or wastes having
harmful or objectionable characteristics shall be subject to the review and approval of the
Building Official, who may prescribe limits on the strength and character of these waters and
wastes. Where necessary, in the opinion of the Inspector, the owner shall provide at his
expense, such preliminary treatment as may be necessary to treat these wastes prior to
discharge to the Public Sewer. Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted for the approval of the
said inspector and of the state board of health and no construction of such facilities shall be
commenced until said approval is obtained in writing. Preliminary treatment facilities provided
for any waters or wastes, shall be maintained continuously in satisfactory and effective
operation by the owner at his expense.
705.33. Control Manholes; When Required; Use. When required by the Building
Official, the owner of any property served by a Building Sewer carrying industrial wastes shall
install and maintain at his expense a suitable control manhole in the Building Sewer to facilitate
observation, sampling and measurement of the wastes. All measurements, tests, and analyses
of the characteristics of waters and wastes shall be determined in accordance with standard
methods for the examination of water and sewage approved by the Minnesota Department of
Health, and shall be determined at the control manhole or upon suitable samples taken at said
control manhole. In the event that no special manhole has been required, the control manhole
shall be considered to be the nearest downstream manhole in the Public Sewer to the point at
which the Building Sewer is connected.
705.35. (Repealed) (Ord. 98-35, 11/04/98)
705.37. Tampering with Municipal Sewage Works. It is unlawful to maliciously,
willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the municipal Sewage Works.
705.39. Power and Authority of Building Officials. The Building Official and other duly
authorized employees of the City bearing proper credentials and identification shall be
permitted to enter upon all properties for the purpose of inspections, observation, measurement,
sampling, and testing, in accordance with the provisions of this Section.
Ordinance 2011-29
Page 104
705.41. Notice of Violation: Time to Cease Violations. Any person who violates any
provision of this Section shall be served by the City with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory correction thereof. The
offender shall, within the period of time stated in such notice, permanently cease all violations.
Failure to comply with a notice given pursuant to this Subsection is a misdemeanor. No notice
is required for the prosecution of a violation of Subsection 705.29, as amended.
705.43. Certification as to Assessments. No permit shall be issued to tap or connect with
any Sewer of the City, either directly or indirectly, from any lot or tract of land unless the City
Clerk shall have certified:
(a) That such lot or tract of land to be served by such connection or tap has been
assessed for the cost of construction of the Sewer with which the connection is made; or
(b) If an assessment has been levied for such construction cost, that proceedings for
levying such assessments have been or will be commenced in due course; or
(c) If no assessment has been levied and no assessment proceedings will be
completed in due course, but a sum equal to the portion of the cost of constructing the
Sewer which would be assessable against said lot or tract, as certified by the Finance
Depat4fnent ivision, has been paid to the City.
705.45. Liability for Damages Caused by Violation. Any person violating any of the
provisions of this Section is liable to the City for any expense, loss or damage incurred by the
City by reason of such violation.
(Ord. 98-35, 11 /04198)
Section 28. Amendment. Section 710 of the City Code (Regulation of Individual Sewage
Treatment Systems) is amended to read as follows:
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Ordinance 2011-29
Page 105
710.03710.01. Permits. No person shall install, alter, repair, extend, or abandon any individual
sewage treatment system in the City without first applying for and obtaining a permit from
Hennepin County as may be required pursuant to County Ordinance No. 19, Individual Sewage
Treatment Systems. (Ord. 2000-22, 5/23/2000; Ord. 2010-02, 2/23/2010)
710.04-710.08 (Sections were repealed by Ordinance 2000-22, 5/23/2000)
Section 29. Amendment. Section 715 of the City Code (Sanitary Sewer System) is
amended to read as follows:
715.01. Definitions; Use of Terms. Subdivision 1. General Rule. Unless specifically
provided otherwise, terms used in this Section classifying or describing various types of uses
upon which rates or charges are imposed have the meanings given them by the Zoning Cede
Ordinance of the_-GityCi , Code.-(^ pearl * T ^��
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715.0203. Accounts; How Kent. All accounts shall be kept on the books of the Finance
DepaAmeat-Division by the house and street number and under the account number assigned
thereto and the name of the owner or of the person signing the application for service. All bills
and notices sent out by the Finance Depa#faeR4 Division shall be sent to the house or street
number of the property. If non-resident owners or agents desire personal notice sent to a
different address, they shall file an application therefor with the Finance DeparmeaQivision.
Any error or change in any address shall be promptly reported to the Finance
DepaAmentDivision.
715.0305. Service Charge Imposed. A charge is hereby imposed upon every establishment
served by the sanitary sewer system of the City either directly or indirectly, for the use of the
facilities of the sewer system and for connection therewith, which charge shall be as hereinafter
provided in Subsection 715.057. All charges for use of the City's sewer system shall be due on
the date specified by the Finance DepaAment Division for the respective account and shall be
delinquent thereafter. It shall be the duty of the Finance DepaAment Division to endeavor to
promptly collect delinquent accounts. For good cause shown, the F'Fnaaee-Administrative
Services Director may, in appropriate circumstances, adjust the amount due on such accounts.
Annually all delinquent accounts shall be certified to the City Manager who shall prepare an
assessment roll providing for assessment of the delinquent amounts against the respective
properties served. This assessment roll shall be delivered to the Qty Council for adoption on or
before October 31 st of each year. Such action may be optional or subsequent to taking action
to collect delinquent accounts. (Ord. 94-25, 12/19/94)
715.0507. Sewer Rates. The sanitary sewer rates are
set forth iplby Chapter X. (Ord. 2007-06, 2/13/2007)
Ordinance 2011-29
Page 106
(Section 715.0 7 deleted by Ordinance No. 2007-27, 111131200 7)
715.9909. Billin . It is hereby made the duty of the City Manager to render to the owners,
lessees or occupants of non-residential properties monthly bills and bi-monthly bills (every two
months) for residential properties for the amount of the sewer 1 charge hereinabove set
forth. The funds received from the collection of the sewer charges shall be kept separate
from the general or other revenues of the City and when so collected shall be placed in the
appropriate special funds. (Ord. 94-25, 12/19/94)
715.11. Time for Connection All ,properties must connect to the municipal sewer
system within two years after such service becomes available.
715.13. Property Assessments Subdivision 1. Certification of Payment. No permit
shall be issued to connect with any sewer main of the City either directly or indirectly from any
lot or tract of land unless the Finance Division has certified:
(a) That such lot or tract of land or portion of lot or tract to be served by such
connection has been assessed for the cost of construction of the sewer main with which
the connection is made, or
{b) If no assessment has been levied for such construction cost that proceedings for
levying such assessment have been or will be commenced in due course, or
(c) If no assessment has been levied and no assessment proceedings will be
completed in due course but a sum equal to the portion of cost of construction of the
sewer main which would be assessable against said lot or tract as certified by the
Finance Division has been paid to the City.
Subd 2 Connection Fee If no such certificate can be issued by the Finance Division,
no permit to connect to any sewer main shall be issued unless the applicant pays an additional
connection fee equal to the portion of the cost of construction of the main which would be
assessable against the lot or tract to be served by such connection which will be determined by
the City upon the same basis as an assessment previously levied against other property for the
main If no such assessment has been levied the assessable cost is determined upon the basis
of the uniform charge which mayhave been or which shall be charged for similar connection_
with said main determined on the basis of the total assessable cost of the main allocated on a
frontage basis Any sum received by the City under this Subsection shall be deemed to have
been assessed for the improvement to the same extent as other similarly served and situated
tracts.
715.4415. Damages; Waiver of Claim. Any person using the sewer system of the
City, whether as owner, lessee, or occupant of any land, building, or premises served by such
sewers shall be deemed to waive any claim or cause of action for damages claimed against the
City of Plymeetas a result of the backing up of sewers in any basement in the City of
Plreeutnot intentionally caused by the deliberate act of some employee or agent of the City
of plyffieuth•
Ordinance 2011-29
Page 107
(Ord. 95-36, 6/20/95)
715.4-317. Sewer Connection Charges.
Connection Charge. Sanitary Sewer Residential Equivalent Connection (REQ charges
are established by the City to finance central system costs: sewer trunks, force mains and
pumping stations, and similar improvements.
A. Before connecting to the City sewer system, City sewer connection
charges based upon the number of units shall be paid. If, after the initial connection charges are
paid, additional building permits or new sewer connections are made, or when an increase of
wastewater flow into the municipal sanitary sewer system is determined by the Metropolitan
Council, charges shall be recalculated and any additional charges shall be paid. The City
connection charges per unit are set forth in section 1015 of the City Code.
B. The number of (REQ units shall be computed as follows:
1. All residential properties shall be assigned one unit per dwelling
unit.
2. Reductions.
(a) Apartments and condominiums (four or more units) shall
be computed as 80 percent of a unit if there is no plumbing for
laundry facilities within each dwelling unit.
(b) Multi -dwelling public housing units (four or more units) or
publicly subsidized low income units under any government
program shall be computed as 75 percent of a unit equivalent for
that type of housing if there is no garbage disposal or dishwasher.
An additional 20 percent reduction applies if there is no plumbing
for laundry facilities in each unit.
3. Other buildings and structures shall be assigned one sewer unit as
being equivalent to 72,000 gallons of sewage flow per year. The number
of sewer availability charge (SAC) units determined by the Metropolitan
Council will be used to determine the number of (REQ units for various
public, commercial, industrial, and institutional facilities.
C. The City connection charges shall be paid to the City before a building
permit or sewer connection permit is issued. The Council may assess the City connection
charges on any dwelling or building when the installation of the City utility system is made after
the construction of the dwelling or building. The rate of interest shall be set by the Qty Council.
Ordinance 2011-29
Page 108
D. In addition to the City connection charge, the user shall also pay the sewer
availability charge as determined by the Metropolitan Council. The Metropolitan Council sewer
availability charge shall be paid to the City before a building permit, or permit for sewer and
water connections is issued.
E. City sanitary sewer connection charges shall be deposited in the Sewer
Utility Trunk System Expansion Fund.
(Ord. 2007-27,1111312007)
Section 30. Amendment. Section 720 of the City Code (Water System) is amended to
read as follows:
Section 720 - Water System
720.01. Definitions, Use of Terms. Subdivision 1. General Rule. Unless specificall
provided otherwise terms used in this Section classifying or describing various types of uses
Won which rates or charges are imposed have the meanings given them by the Zoning
Ordinance of the City Code.
Depwtment is under the dir-M supenvisien of the Supefintendent appointed by the -Qty
Managen The Supefintendent shall see that all mles and regulations peftaining to the wa4er
system, the tapping of same by heensed plumbefs, and themuse of water- be eemplied with in
r-espee4s, to see that ne per -sons slWl open any hydfant fef any pt"ese whatsoever- witheut his
.
720.03. Accounts; How Kept All accounts shall be kept on the books of the Finance
Division by the house and street number and under the account number assigned thereto and the
name of the owner or of the person signing the application for service. All bills and notices
sent out by the Finance Division shall be sent to the house or street number of the property. If
non-resident owners or agents desire personal notice sent to a different address, they shall file
an application therefor with the Finance Division. AU error or change in any address shall be
promptly reported to the Finance Division.
720.05. Service Charge Imposed A charge is hereby imposed upon every establishment
served by the water supply system either directly or indirectly, for the use of the facilities of the
water system and for connection therewith which charge shall be as hereinafter provided in
subsection 720.17. All charges for use of the City's water supply system shall be due on the
date specified by the Finance Division for the rejective account and shall be delinquent
thereafter. It shall be the duty of the Finance Division to endeavor to promptly collect
delinquent accounts For good cause shown the Administrative Services
Director may in appropriate circumstances adjust the amount due on such accounts. Annually
all delinquent accounts shall be certified to the City_Manager who shall prepare an assessment
roll providing for assessment of the delinquent amounts against the respective properties
reserved This assessment roll shall be delivered to the Council for adoption on or before
Ordinance 2011-29
Page 109
October 31 st of each year. Such action may be optional or subsequent to taking action to
collect delinquent accounts. (Ord. 94-25. 12/19/94)
720.07. Water Rates. Subdivision 1. The water rates are set forth inby Chapter X (Ord
2007-06. 2113/2007)
720.09. Billing. It is hereby made the duty of the City Manager to render to the owners
lessees or occupants of non-residential properties monthly bills and bi-monthly bills (every two
months) for residential properties for the amount of the water charge hereinabove set forth The
funds received from the collection of the water charges shall be kept separate from the general
or other revenues of the City and when so collected shall be placed in the appropriate special
funds.
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Ordinance 2011-29
Page 110
720.13. Property Assessments. Subdivision 1. Certification of Payment. No permit
shall be issued to tap or connect with any water main of the City either directly or indirectly
from any lot or tract of land unless the Finance Depaex4Division sla*ehas certified:
(a) That such lot or tract of land, or portion of lot or tract, to be served by
such connection or tap has been assessed for the cost of construction of the
water main with which the connection is made, or
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720.13. Property Assessments. Subdivision 1. Certification of Payment. No permit
shall be issued to tap or connect with any water main of the City either directly or indirectly
from any lot or tract of land unless the Finance Depaex4Division sla*ehas certified:
(a) That such lot or tract of land, or portion of lot or tract, to be served by
such connection or tap has been assessed for the cost of construction of the
water main with which the connection is made, or
Ordinance 2011-29
Page 111
(b) If no assessment has been levied for such construction cost, that
proceedings for levying such assessment have been or will be commenced in
due course, or
(c) If no assessment has been levied, and no assessment proceedings will be
completed in due course, but a sum equal to the portion of cost of construction
of the water main which would be assessable against said lot or tract as certified
by the Finance DepaFtmeftt Division has been paid to the City.
Subd. 2. Connection Fee. If no such certificate can be issued by the Finance
DepaFtme ivision, no permit to tap or connect to any water main shall be issued unless the
applicant pays an additional connection fee equal to the portion of the cost of construction of
the main which would be assessable against the lot or tract to be served by such tapping
connection, which will be determined by the City upon the same basis as an assessment
previously levied against other property for the main. If no such assessment has been levied,
the assessable cost is determined upon the basis of the uniform charge which may have been or
which shall be charged for similar tapping or connection with said main determined on the
basis of the total assessable cost of the main allocated on a frontage basis. Any sum received
by the City under this Subsection shall ; an
the lot or- tF etor- per -tie thereof shat be deemed to have been assessed for the improvement
to the same extent as other similarly served and situated tracts.
720.15. Damagm-Waiver_of Claim. Any person using the sewer system of the Cit
whether as owner, lessee, or occupant of any land, building or premises served by such sewers
shall be deemed to waive any claim or cause of action for damages claimed against the City as
a result of the backing up of sewers in any basement in the City not intentionally caused by the
deliberate act of some employee or agent of the City.
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Ordinance 2011-29
Page 112
foregoing r-a4es.
720.17 Sub&-4—Special Connections. Where a connection is made to an automatic sprinkler -
system, stand pipe for standby service only, or a fire hydrant on private property, meters or
detector check valves must be installed on such services as required by the City. Should it be
found that water not metered is used through a fire connection for any purpose other than the
extinguishing of fire upon the premises, the owner and occupant will be notified, and if such
improper conditions are not corrected within 10 days, the water will be shut off until proper
adjustments are made and the owner shall be subject to the penalties as provided in this
ordinance.
0 Of eaeh ease.
720.19. Discontinuance of Service for Violations. Subdivision 1. Violation of
Ordinances. Water service may be shut off by the City at any stop box connection whenever:
(a) The owner or occupant of the premises served, or any person working on
any pipes or equipment thereon which are connected with the municipal water
system has intentionally violated any of the requirements of this Code relating to
the water supply system, or connections therewith.
(b) Any charge for water, service, meter, or any other financial obligations
imposed on the present or former owner or occupant of the premises served, by
the provisions of this Code, is unpaid.
(c) Fraud or misrepresentation by the owner or occupant in connection with
an application for service.
Ordinance 2011-29
Page 113
Subd. 2. Discontinuance of Service Where Share of Cost of Construction Has Not Been
Paid. Water service shall be shut off by the City at the stop box connection when it is
determined that a sum equal to the portion of the cost of constructing mains and laterals
attributable to the parcel or property as determined by assessment proceedings or pursuant to
the provisions of Subsection 720.13 has not been paid or is not in the process of being paid in
regular installments.
Subd. 3. Deficiency of Water and Shutting Off Water. The City is not liable for any
deficiency or failure in the supply of water to consumers, whether occasioned by shutting off
the water for the purpose of making repairs or connections, or from any other cause whatever.
In case of fire, or alarm of fire, water may be shut off to insure a supply for fire fighting; or in
making repairs or construction of new works, water may be shut off at any time and kept shut
off so long as necessary.
Subd. 4. Turning On Water. No person, except an authorized City employee, shall turn
on any water supply at the stop box withoutermission from the WeA
DepaAmentCity. No peFmAj!ermission will not be given unless the house number, as given by
the sentCity, is prominently displayed, v „&sue Vo,. m h9 �o
. The City reserves the right to turn off any water supply if
the house number is not displayed after a written notice has been sent to the owner as appearing
on its books.
Subd. 5. Discontinuance of Water Source; Notice and Hearing. An order to terminate
water service, except in the case of an emergency, under this Subsection shall be preceded by
not less than ten days written notice to the owner or occupant to whom the water bill is given in
the ordinary course of business, and given in the manner prescribed by the Water
DepaFtmenfCity. The notice shall state the reason for the proposed termination, the date on
which it shall take effect, and that the owner or occupant may appeal to the City Manager for a
determination that the decision to terminate the service was properly made on the basis of a
violation of this subsection. The City Manager shall on appeal resolve the dispute, and he may
dismiss the order to terminate the service, modify it in any way deemed necessary, or order the
service terminated in the manner stated in the notice. The decision of the City Manager shall be
final.
720.21. Supply from One Service. No more than one house or building shall be supplied
from one service connection except by special permission of the NaterDepaffinentCity.
Whenever two or more parties are supplied from one pipe, connecting with the distribution
main, each building or part of building must have a separate stop box and a separate meter.
720.23. Tapping of Mains Prohibited. No person except authorized persons or
employees of the City shall tap any distributing main or pipe of the municipal water system, or
insert stop -cocks or ferrules therein.
720.25. Repair of Leaks. It is the responsibility of the owner or occupant to maintain the
service pipe from the curb box into the house or building. In case of failure upon the part of
Ordinance 2011-29
Page 114
any owner or occupant to repair any leak occurring in his service pipe within 24 hours after
verbal or written notice has been given by the City to the owner or occupant of the premises, the
water will be shut off and will not be +,,med on ~+:l then of $10 has been paid. When the
waste of water is great, or when damage is likely to result from the leak, the water will be turned
off if the repair is not proceeded with immediately upon the giving of such notice.
720.27. Abandoned Services; Penalties. Subdivision 1. Disconnection. All service
installations connected to the water system that have been abandoned or for any reason have
become useless for further service, shall be disconnected at the main by the City, and all pipe
and appurtenances removed shall be the property of the City.
Subd. 2. Change to New Water Service. When a new building is erected on the site of
an old building, and it is desired to increase or change the old water service, no connections
with the mains shall be given until all the old service shall have been removed and the main
plugged. if any ee I I ,
Pe te be hammer -ed together- at the ends to stop the fiew of water-, of to save e*pense
in r-eme-Ang such pipe &em the main, the owner of sueh building, such wefkfnan and eentmetef
is guilty of a misdemeanor-, and the said sen4ee pipe "I be removed from the main. if h
fiiiis to do so on twenty feuf heufs'aefiee, he shall be ebligated to pay the City the ees
ineuffed by t f s ...b. removal.
to piv♦vaat.
fuptffe by seWement.The senqee pip0 must be pl ed not less gi six feet b el ew the swi-ir ..o
building;
of if not taken inte Aa buildi" then to
hydFant or- other- fixtffes whieh it is intended to suppl)p A shut off or- other- stop eeek with
> >
sMI be plaeed ealese to the inside wall of th
building, well r-eteetedffem-freezing. Copper-tu�hboe kept t., , without ,
jeint used for- a sef-�4ee up to 100 �� in length. All joints shall be left tmeever-ed tmtil
r-esid"al supply shall be at least 3/4 of an ineh exeept lines in e*eess of 100 &et sha4l be no
less than a inch.
720.429. Water Meters. Subdivision 1. Water Meter Required. Except for
extinguishment of fires, no person except authorized City employees shall use water from the
water supply system of the City or permit water to be drawn therefrom, unless the same be
metered by passing through a meter supplied or approved by the City. No person shall connect,
disconnect, take apart, or in any manner change, or cause to be changed, or interfere with any
such meter or the action thereof, unless authorized by the City.
Ordinance 2011-29
Page 115
Subd. 32. Maintenance, Repair and Replacement. The City shall maintain and repair or
replace all meters when rendered unserviceable through ordinary wear and tear. Where
replacement, repair or adjustment of any meter is rendered necessary by the act, neglect or
carelessness of the owner or occupant of any premises, any expense caused by the Wet
Depai t -City thereby shall be charged against and collected from the owner or occupant of
the premises. Water service may be discontinued upon notice as provided in Subsection 720.19
until the cause is corrected and the charge collected.
Subd. -53. City Property. Water meters shall be and remain the property of the City and
may be removed or replaced or changed as to size and type by the CLtyt
whenever deemed necessary.
Subd.-64. Access to Read Meters. City employees delegated for that purpose shall
have free access at reasonable hours of the day to all parts of every building and premises
connected with the municipal water supply system for reading of meters and inspections. The
City shall be authorized to make adjustments in water charges where in their opinion the
amount billed is erroneous due to meter deficiency or other mistake.
Subd. -75. Water Meter Setting. Water meters shall be installed in accordance with the
following rules
(a) The service pipe from the water main to the meter, when the same enters
the building, shall be brought through the floor in a vertical position. The stop
and waste valve shall be installed approximately 12 inches measured
horizontally from the inside line of the basement wall, unless an alternate
method is approved by the Water Department. A suitable bracket to support the
meter in a proper vertical position and to prevent noise from vibration shall be
provided.
(b) All meter installations shall have a stop and waste valve on the street side
of the meter. In no case shall there be more than 12 inches of pipe exposed
between the point of entrance through the basement floor and the stop and
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Subd. -53. City Property. Water meters shall be and remain the property of the City and
may be removed or replaced or changed as to size and type by the CLtyt
whenever deemed necessary.
Subd.-64. Access to Read Meters. City employees delegated for that purpose shall
have free access at reasonable hours of the day to all parts of every building and premises
connected with the municipal water supply system for reading of meters and inspections. The
City shall be authorized to make adjustments in water charges where in their opinion the
amount billed is erroneous due to meter deficiency or other mistake.
Subd. -75. Water Meter Setting. Water meters shall be installed in accordance with the
following rules
(a) The service pipe from the water main to the meter, when the same enters
the building, shall be brought through the floor in a vertical position. The stop
and waste valve shall be installed approximately 12 inches measured
horizontally from the inside line of the basement wall, unless an alternate
method is approved by the Water Department. A suitable bracket to support the
meter in a proper vertical position and to prevent noise from vibration shall be
provided.
(b) All meter installations shall have a stop and waste valve on the street side
of the meter. In no case shall there be more than 12 inches of pipe exposed
between the point of entrance through the basement floor and the stop and
Ordinance 2011-29
Page 116
waste. A stop and waste valve shall also be installed on the house side of the
meter.
(c) The meters shall be so installed as not to hinder reading and maintenance
of same. Meter setting devices for 3/4" and 1" meters shall be of copper pipe or
tubing from the terminus of the service pipe up to and including the house side
stop and waste valve.
Subd. 6. Repair of Leaks. It is the responsibility of the owner or occupant to maintain
the meter setters (horn).
720.3-331. Use of Fire Ham. No person other than an employee of the Water
DepaFtmeat or- the Fire DepaAment or- an employee of the Street Dep City who is
engaged in sprinkling or washing the public streets or flushing sewers shall operate fire
hydrants or interfere in any way with the municipal water system without first obtaining
authority to do so from the City.
720.3333. Private Water Supplies. No water pipe of the municipal water supply system
shall be connected with any pump, well or tank that is connected with any other source of water
supply. When such a connection is found, the Water-Departre�City shall notify the owner or
occupant to disconnect the same, and if not done immediately, the water supply shall be turned
off forthwith.
Before any new connection to the water system is permitted, the Water-Depa#nwatCity shall
ascertain that no cross -connection will exist when the new connection is made.
720.3935. Connections Beyond Municipal Boundaries. In cases where water mains of the
City have been or shall be extended to or constructed in any road, street, alley or public
highway adjacent to or outside the corporate limits of the City, the Eily r'e-with th
approval ef the E4neer-, is permits shall be issued to the
owners or occupants of properties adjacent to, or accessible to, such water mains to tap and
make proper water service pipe connections with such water mains of the City in conformity
with and subject to all the terms, conditions and provisions of this Code. Water service
rendered pursuant to this Subsection is subject to all provisions of this Code, and persons
accepting such service shall thereby agree to be so bound and obligated.
720.44-37. Restricted Hours for Sprinkling_ Subd. 1 Water Emergency. Whenever the City
Council shall determine that a shortage of water supply threatens the city, it may impose
emergency regulations pertaining to city water use to protect the health and safety of the
consumers as well as the general welfare:
a. During an emergency, restrictions for the use of eCity water may
include, but are not limited to, the total prohibition of watering, sprinkling,
Ordinance 2011-29
Page 117
or irrigation of lawn, grass, turf, plantings, car washing, air conditioning,
or other uses specified therein.
b. Restrictions imposed during an emergency shall continue in effect
until the end of the emergency and/or removed by the Council.
C. Notification of restrictions to ECity water use shall be given in
such manner as the City Council may determine, including but not limited
to, newspaper articles, radio and television broadcasts stating the date on
which the limitation is effective.
Subd. 2. Annual Water Use Restrictions. Sprinkling restrictions are in effect from May 1
to September 30 each year to conserve water resources and allow the City's water system
flexibility in meeting peak demands.
a. Any water customers with odd numbered addresses may water on
odd calendar days and customers with even numbered addresses may
water on even calendar days.
b u,,,,..a,,,.,ners a atio s and nv.a,+, eat a «Ie*es that p ryas
infoFm the City that they have this t"e of system.
eb. Water customers must manage and operate irrigation systems in
good repair in such a fashion so as to avoid water waste due to
misalignment or damage to the system.
dc. City water cannot be used for the purposes of watering lawns, sod
or seeded areas between 12:00 p.m. and 5:00 p.m. daily.
Subd. 3. Exc tep ions.
a. Vehicle washing and the watering of trees, shrubs, and flowers is
exempt from the above restrictions only if conducted by a person holding
a squeeze activated pistol type nozzle equipped with an automatic shutoff.
b. Watering of new landscaping, sod or seed within 30 days of
installation except between 12:00 p.m. and 5:00 p.m. daily.
C. Watering from a source other than the city's water supply. Under
this exemption the City may inspect the property to ensure compliance.
d. Employees and agents of the City in such instances where lawn,
turf, or grass used for playfields or areas owned or operated by the City
require more frequent watering to prevent unreasonable damage thereto.
e. During intermittent periods when the outdoor watering system is
used exclusively for residential recreational uses.
f. Homeowners associations and apartment complexes that provide a
common irrigation system may water only every other day. They must
apply for an exception from the City if they have this type of system.
g. Upon written request and approval by the Director of Public Works
and subject to such terms and conditions imposed by the Director of
Ordinance 2011-29
Page 118
Public Works with respect to approval, any person owning or operating a
commercial or business enterprise whose economic well-being is
dependent upon sprinkling, irrigating or watering of a lawn, grass or turf
owned, leased or operated by it.
Subd.4. Penalties.
a. Any water customer who shall cause or permit water to be used in
violation of the provisions of this ordinance shall be given a warning by
the City Manager or -designee as to such violation and thereafter
successive violations shall be charged a penalty set by Chapter X (Section
1015.19 (WW for each day of such violation, which charge or charges
shall be added to the next water bill for the premises. Continued
violations after such warning shall be cause for discontinuance of water
service.
(Ord. 2004-21, 9/28/2004; Ord. 2008-10, 4/0812008)
720.4-339. Water Connection Charges.
Connection Charge. Water residential Residential Equivalent Connection (REQ
charges are established by the City to finance central system costs, representing trunk water
mains, reservoirs, wells, pumping stations, treatment facilities, and similar improvements.
A. Before connecting to the City water system, City water connection charges
based upon the number of units shall be paid. If, after the initial connection charges are paid,
additional building permits or new water connections are made, or when an increase of waste
water flow into the municipal sanitary system is determined by the Metropolitan Council, and the
water source is from the City system, charges shall be recalculated and any additional charges
shall be paid. The City connection charges per unit are set forth in section 1015 of the City
Code.
B. The number of EREC3 units shall be computed as follows:
1. All residential properties shall be assigned one unit per dwelling
unit.
2. Reductions.
(a) Apartments and condominiums (four or more units) shall
be computed as 80 percent of a unit if there is no plumbing for
laundry facilities within each dwelling unit.
(b) Multi -dwelling public housing units (four or more units), or
publicly subsidized low income units under any government
program shall be computed as 75 percent of a unit equivalent for
that type of housing if there is no garbage disposal and dishwasher.
Ordinance 2011-29
Page 119
An additional 20 percent reduction applies if there is no plumbing
for laundry facilities in each unit.
3_ Other buildings and structures shall be assigned one water unit as
being equivalent to 72,000 gallons of sewage flow per year. The most
recent "Standard Criteria" published by the Metropolitan Council will be
used to determine the number of (REC) units for various public,
commercial, industrial, and institutional facilities.
C. The City connection charges shall be paid to the City before a building
permit or water connection permit is issued. The Council may assess the City connection
charges on any dwelling or building when the installation of the City utility system is made after
the construction of the dwelling or building. The rate of interest shall be set by the City Council.
D. City water connection charges shall be deposited in the Water Utility
Trunk System Expansion Fund.
(Ord. 2007-27,1111312007)
Section 31. Amendment. Section 725 of the City Code (Storm Drainage Systems) is
amended to read as follows:
725.01. Definitions; Use___of Terms. Subdivision 1. General Rule. Unless snecificall
provided otherwise, terms used in this Section classifying or describing various types of uses
upon which rates or charges are imposed have the meanings given them by the Zoning
Ordinance of the City Code. 725.02 Deem fion&. Unless the context clearly indicates
otherwise, the following words or phrases have the meanings given in this Subdivision
A. Residential Equivalent Factor (REF). One REF is defined as the ratio of the
average volume of runoff generated by one acre of a particular land use to the average
volume of runoff generated by 1/2 acre of typical single family residential land, assuming
Soil Conservation Service (SCS) "Type B" soil conditions, during a standard 1 year
rainfall event, asdete f.. fined by the Dubli,. Works Difeetef.
B. Storm Water Utility Rate. The charge to a typical 1/2 acre single family
residential parcel shall be the storm water utility rate.
725.03. REF For Land Uses. Storm water drainage fees for single family (detached) and
duplex parcels shall be on a per parcel basis. These fees shall be calculated by multiplying the
REF by the storm water utility rate.
Ordinance 2011-29
Page 120
Storm water drainage fees for all other land uses shall be determined by multiplying the REF for
the land use by the parcels' acreage and then multiplying the resulting product by the storm water
utility rate. The REF values for various land uses are as follows:
Land Use
Per Parcel
Single Family (Detached) & Duplex
REF
1.00
Per Acre
Multi -Family (Townhomes, Condominiums, and Apartments) 3.32
Commercial and Industrial 7.18
725.05. Other Land Uses. Land uses not listed in the foregoing table shall be evaluated
individually based on the amount of impervious coverage and parcel size.
Golf courses and regional parks will have their fees based on the amount of run-off produced by
the impervious area of each parcel, not the total parcel size.
725.07. Accounts; How Kept All accounts shall be kept on the books of the Finance
Division by the house and street number and under the account number assigned thereto and the
name of the owner or of the person signin the he application for service. All bills and notices
sent out by the Finance Division shall be sent to the house or street number of the property. If
non-resident owners or agents desire personal notice sent to a different address, they shall file
an application therefor with the Finance Division. Any error or change in any address shall be
promptly reported to the Finance Division.
725.09. Service Charge Imposed A charge is hereby imposed upon every establishment
served by the storm drainage system of the City either directly or indirectly, for the use of the
facilities of the storm drainage system and for connection therewith, which charge shall be as
hereinafter provided in Subsection 715.05. All charges for use of the City's storm drainage
system shall be due on the date specified by the Finance Division for the respective account and
shall be delinquent thereafter. It shall be the duty of the Finance Division to endeavor to
promptly collect delinquent accounts For good cause shown the Administrative Services
Director may, in appropriate circumstances adjust the amount due on such accounts. Annually
all delinquent accounts shall be certified to the City Manager who shall _prepare an assessment
roll providing for assessment of the delinquent amounts against the respective properties
served This assessment roll shall be delivered to the Council for adoption on or before
October 31 st of each year. Such action may be optional or subsequent to taking action to
collect delinquent accounts. (Ord. 94-25, 12119194)
725.11. Storm Water Utility Rates. The storm water utility rates are set by Chapter X.
(Ord. 2007-06, 211312007)
725.13. Billing It is hereby made the dutv of the City Manager to render to the owners,
lessees or occupants of non-residential properties monthly bills and bi-monthly bills (every two
Ordinance 2011-29
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months) for residential properties for the amount of the storm drainage charge hereinabove set
forth. The funds received from the collection of the strom drainage charges shall be kept
separate from the general or other revenues of the City and when so collected shall be placed in
the appropriate special funds. If a parcel of land subject to the storm water utility charge is not
served by other utilities, a separate bill shall be issued every two months for residential
properties and every one month for commercial properties.
725.06. Appeals — Single -Family and Duplex. Appeals for single-family and duplex
properties are generally not allowed. However, owners of single-family and duplex properties,
with unique conditions or improvements (natural ponds, water quality ponds, drywells, minimal
impervious coverage, etc.) may appeal their surface water fee. The City Managerer-designee-,
may adjust the REF for these parcels of land (by up to 75 percent) based upon the demonstration
of run-off volumes substantially different from the standards used by the City. Land use data,
sufficient to determine storm water runoff, must be supplied by the property owner(s) to
demonstrate that a fee adjustment is warranted. Fee adjustments shall not be made retroactively.
Appeals of the City Manager's determinations shall be made to the amity Council.
725.96 17. Appeals —Other Properties. The City Manager,, er esi dee; may adjust the REF
for all parcels of land which are not single-family or duplex properties (by up to 75 percent)
based upon the demonstration of run-off volumes substantially different from the standards used
by the City. The area of parcels may also be reduced by the area of qualifying NURP ponds at
normal water level. Land use data, sufficient to determine storm water runoff, must be supplied
by the property owner(s) to demonstrate that a fee adjustment is warranted. Fee adjustments
shall not be made retroactively. Appeals of the City Manager's determinations shall be made to
the City Council.
725.0719. Incentives. The Qty Council may adopt, from time to time, by resolution an
incentive program which would allow for the reduction of fees for individual parcels of land.
The maximum reduction for any parcel shall be 20 percent.
725.9821. Exemptions. The following land uses are exempt from storm water utility fees.
A. Public Rights -of -Way
B. Vacant Land (e.g., undeveloped land, agricultural land without a dwelling)
C. Railroad Rights -of -Way
D. Unoccupied Public Land (e.g., open space, parks without permanently staffed
structures)
WITH
Ordinance 2011-29
Page 122
INV WrMWHKrM
... a
Section 32. Amendment. Section 730 of the City Code (Street Lighting) is amended to
read as follows:
730.01. Definitions; Use of Terms. Subdivision 1. General Rule. Unless specifically
provided otherwise, terms used in this Section classifying or describing various types of uses
upon which rates or charges are imposed have the meanings given them by the Zoning
Ordinance of the City !"-e&
730.03. Accounts; How Kest. All accounts shall be kept on the books of the Finance
Division by the house and street number and under the account number assigned thereto and the
name of the owner or of the person signing the application for service. All bills and notices
sent out by the Finance Division shall be sent to the house or street number of the property. If
non-resident owners or agents desire personal notice sent to a different address, they shall file
an application therefor with the Finance Division. Any error or change in any address shall be
promptly reported to the Finance Division.
730.05. Service Charge Imposed. A charge is hereby imposed upon every establishment
served by the street lighting system of the City either directly or indirectly, for the use of the
facilities of the street lighting system, which charge shall be as hereinafter provided in
Subsection 730.05. All charges for use of the City's street lighting system shall be due on the
date specified by the Finance Division for the respective account and shall be delinquent
thereafter. It shall be the duty of the Finance Division to endeavor to promptly collect
delinquent accounts. For good cause shown, the Administrative Services Director may, in
appropriate circumstances, adjust the amount due on such accounts. Annually all delinquent
accounts shall be certified to the City Manager who shall prepare an assessment roll providing
for assessment of the delinquent amounts against the respective properties served. This
assessment roll shall be delivered to the Qty Council for adoption on or before October 31 st of
each year. Such action may be optional or subsequent to taking action to collect delinquent
accounts. (Ord. 94-25, 12119194)
Ordinance 2011-29
Page 123
730.07. Street Light Rates. The street light rates are set forth inby Chapter X. (Ord.
2007-06, 2/13/2007)
730.09. Billing. It is hereby made the duty of the City Manager to render to the owners,
lessees or occupants of non-residential properties monthly bills and bi-monthly bills (every two
months) for residential properties for the amount of the street light charge hereinabove set forth.
If a parcel of land subject to the street light utility charge is not served by other utilities, a
separate bill shall be issued every two months for residential properties and every one month
for commercial properties.
730.11. Street Lighting System. The system consists of all street lighting facilities,
whether owned by the City or otherwise, for which the City purchases and supplies electrical
energy from a public utility on January 1, 1983 and any additional facilities acquired or
operated by the City in the future.
Section 33. Amendment. Section 800 of the City Code (Construction in Streets, Alleys
and Public Grounds) is amended to read as follows:
800.01. Findings, Purpose, and Intent. To provide for the health, safety and welfare of its
citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the
City strives to keep its rights-of-way in a state of good repair and free from unnecessary
encumbrances.
Accordingly, the City hereby enacts this section relating to right-of-way permits and
administration. This section imposes reasonable regulation on the placement and maintenance of
facilities and 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
section, persons excavating and obstructing the rights-of-way will bear financial responsibility
for their work. Finally, this section provides for recovery of out-of-pocket and projected costs
from persons using the public rights-of-way.
This section shall be interpreted consistently with Minnesota Statutes Sections 237.16, 237.162,
237.163, 237.79, 237.81, and 238.086 (the "Act') and the other laws governing applicable rights
of the City and users of the right-of-way. This section shall also be interpreted consistent with
Minnesota Rules 7819.0050 — 7819.9950 where possible. To the extent any provision of this
section cannot be interpreted consistently with the Minnesota Rules, that interpretation most
consistent with the Act and other applicable statutory and case law is intended. This section
shall not be interpreted to limit 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.
800.02. Public Right -of -Way Regulations.
Subd. 1. Application and Scope. This Section shall apply exclusively to excavations and
obstructions within public rights-of-way by any person. It is unlawful to dig up, break, excavate,
tunnel, drill, bore, undermine or in any manner break up any street or to make or cause to be
Ordinance 2011-29
Page 124
made any excavation in or under the surface of any street, or to place, deposit or leave upon any
street any earth, excavated material or other substances obstructing or tending to interfere with
the free use of the street without an excavation permit. (Ord. 2009-08, 511212009)
Subd. 2. Definitions. The following words, terms and phrases, as used herein, shall have
the following meanings:
Abandoned facility means: (1) a facility no longer in service or physically disconnected
from any other facility that is in use or still carries service; and that is deemed abandoned by the
owner of the facility.
Applicant means any public right-of-way user required to obtain a permit under this
Section.
City means City of Plymouth, Minnesota.
City Engineer means the Plymouth City Engineer or his/her designee.
City mManagement eCosts means the actual costs incurred by the City for public rights-
of-way management, including, but not limited to, costs incurred in connection with the
registration process, the excavation or obstruction permit process, the inspection of project work
and restoration and enforcement and correction of non -complying project work, mapping of
public right-of-way users and maintenance and regulation of public right-of-ways occupied by
public right-of-way users.
Delay Penalty means the penalty imposed as a result of unreasonable delays in right-of-
way excavation, obstruction, patching, or restoration as established by permit.
Degradation means a decrease in the useful life of the right-of-way caused by excavation
in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way
earlier than would be required if the excavation or disturbance did not occur.
Degradation Cost subject to Minnesota Rules 7819.1100 means the cost to achieve
a level of restoration as determined by the City at the time the permit is issued, not to
exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules
parts 7819.9900 to 7819.9950.
Degradation Fee means the estimated fee established at the time of permitting by
the City to recover costs associated with the decrease in the useful life of the right-of-way
caused by the excavation, and which equals the degradation cost.
Director means the City of Plymouth Director of Public Works and the thee*^~'° or
his/her designee.
Emergency means a condition that (1) immediately endangers the life or safety of
persons; (2) cause an immediate threat of significant loss or injury to property; or (3) requires
immediate repair or replacement in order to restore service to customers.
Ordinance 2011-29
Page 125
Encroachment Agreement means an agreement between the City and a property owner
that allows placement of an obstruction or structure in public right-of-way, as defined in this
Section.
Equipment means anything tangible used to install, repair or maintain facilities in any
public right-of-way.
Excavate or eExcavation means to dig into or in any way remove or physically disturb or
penetrate any public right-of-way paved or ground surface, or any portion thereof.
Excavation pPermit means a permit which is issued by the City authorizing the permittee
to excavate in a public right-of-way as specifically described in the permit.
Extension pPermit means a permit which is issued by the City authorizing additional
calendar days to an excavation or obstruction permit.
Facility or)Vacilities means anything tangible, including equipment, which is required to
provide utility services.
Hole means an excavation having a length that is equal to or less than the width of the
public right-of-way for the section of the roadway where the work is occurring.
Local eRepresentative means a person or designee of such person authorized by a public
right-of-way user to accept service and to act and make decisions regarding matters within the
scope of this Section on behalf of the public right-of-way user.
Obstruct or &Obstruction means to place or the placement of any object in a public right-
of-way, or to remove or the removal of an existing structure, or any portion thereof, from a
public right-of-way that interferes with the free use of the public right-of-way.
Obstruction pPermit means a permit which is issued by the City authorizing the permittee
to obstruct a public right-of-way as specifically described in the permit.
Patch or pPatching means a method of roadway surface replacement or restoration that
consists of. (1) the compaction of the sub -base and aggregate base; and (2) the replacement, in
kind, of the existing roadway surface for a minimum of two feet beyond the edges of the defined
excavation in all directions.
Permittee means a person to whom an excavation or obstruction permit has been issued
by the City under this Section.
Person means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
Project or pProject +vWork means any activity, including construction, reconstruction,
installation, maintenance, relocation, or replacement of any facility or a public right-of-way in
Ordinance 2011-29
Page 126
which the facility is located and restoration of the public right-of-way that is regulated under this
Section.
Public rRight-of-wWay orRPublic rfthts-of-wWay means the surface, air space above
the surface and the area below the surface of any public street, highway, lane, path, alley,
sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway,
skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within
the City owned by or under control of the City, or dedicated or otherwise conveyed to the City
for general public use. No reference herein to a "public right-of-way" shall be deemed to be a
representation or guarantee by the City that its interest or other right to control or use such
property is sufficient to permit its use for the purpose of installing, operating and maintaining
utility service facilities.
Public rftht-of- Way uUser means any person or entity which owns or controls a
facility that is located, or is sought or intended to be located, in a public right-of-way including
persons who have installation and maintenance responsibilities by contract, lease, sublease or
assignment.
Public Utilities Commission (PUC) means the organization with the powers and duties as
outlined in Minnesota Statute 216A.
Restore or rRestoration means the process, including patching, by which a public right-
of-way and surrounding area, including pavement and foundation, is returned to the same
condition that existed before any project work.
Restoration eCost means the amount of money paid to the City by a permittee to meet
restoration requirements in accordance with plates 1 to 131 of the PUG set forth in
Minnesota Rules parts 7819.9900 to 7819.9950.
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. 2006-02, 1/1012006)
Trench means an excavation in the roadway surface having a length that is equal to or in
excess of the width of the roadway or sections of roadway where the work is occurring.
Utility 6&rvice means services provided by: (1) a public utility as defined in Minnesota
Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm
communications, water, sewer, electricity, light, heat, cooling energy, or power services
including wind generation; (3) a corporation organized for the purposes set forth in Minnesota
Statutes; (4) a district heating or cooling system; or (5) a cable communication system as defined
in Minnesota Statutes.
Subd. 3. Franchises. The City may, in addition to the requirements of this Section,
require any public utility or cable operator who has or seeks to have facilities or equipment
Ordinance 2011-29
Page 127
located in any public right-of-way to obtain a franchise if allowed by state law.
Subd. 4. Registration Requirement.
A. Registration. As of the effective date of this Section, any public right-of-way
user, which owns or controls a facility within any public right-of-way, or any portion
thereof, shall register with the City. Registration shall be deemed completed upon the
public right-of-way user submitting to the City a completed registration form furnished
by the City and paying the registration fee. A right-of-way user is required to update its
registration within 60 days of any change of the information contained in a current
registration statement. The City will require a five-year registration renewal at no cost.
If the registration is allowed to lapse one year beyond the five-year renewal date, a new
registration fee will be charged.
B. Transfer of Ownership or Interest. Whenever any public right-of-way user
transfers, sells, assigns or otherwise conveys ownership or interest in facilities or
equipment to another person, the registered public right-of-way user shall notify the City
of the date of the conveyance and the name of the transferee within 30 days of the
conveyance. Within 60 days of the conveyance a new registration fee must be paid.
C. Persons engaged in the following activities shall not be deemed to use or occupy
the right-of-way, and shall not be required to register or obtain any permits or satisfy any
other requirements under this chapter. However, nothing herein relieves a person from
complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law:
1. Planting or maintaining boulevard plantings, gardens or rain gardens
in the area of the right-of-way between their property and the street curb.
(Ord. 2006-02, 1 /10/2006)
2. Persons installing private driveways, sidewalks, curb and gutter, or
parking lots.
3. Persons engaged in snow removal efforts.
4. Federal, State, County, and City agencies.
5. Persons installing pet containment or sprinkler systems.
6. Contractors involved in City public improvement projects that are
secured by performance bonds and/or liability insurance and where on-site
inspection is performed by the City. A public improvement is defined by
Minn. Stat. 429.021, Subd. 1 and Subd. -32. (Ord. 2006-02, 1/10/2006)
Subd. 5. Permit Requirement.
A. Permit Required. Except as otherwise provided in this code, no person may
Ordinance 2011-29
Page 128
obstruct or excavate any right-of-way or install any facilities, equipment, or improvements
above, on, or beneath the surface of any right-of-way in the City or any property owned by the
City without first having obtained the appropriate right-of-way permit from the City to do so. It
is unlawful to dig up, break, excavate, tunnel, trench, drill, bore, undermine or in any manner
break up any street or to make or cause to be made any excavation in or under the surface of any
street, or to place, deposit or leave upon any street any earth, excavated material or other
substances obstructing or tending to interfere with the free use of the street without an
appropriate permit therefor.
Any public right-of-way user, which owns or controls a facility within any public
right-of-way, or any portion thereof, on the effective date of this Section, that subsequently
excavates or otherwise obstructs any public right-of-way, or any portion thereof, shall first obtain
a permit therefor as required under this Section.
B. Permit Applications.
1. Applications for a permit must be completed by the public Right -of -Way
user. An application for a permit shall be on a form furnished by the City and
completed and submitted to the City with the following information:
a. The applicant's name; Gopher One -Call registration certificate
number; address; e-mail address; telephone number; and facsimile
number.
b. The local representative's name; address; e-mail address; telephone
number; facsimile number; and current information regarding how to
contact the local representative in an emergency.
C. The name, address and telephone number of the person(s) or
entities, other than the applicant, to perform the project work or any
portion thereof.
d. A certificate of insurance or self-insurance verifying the coverage
as required in this Section.
e. All mapping data and information in form and substance as
required in this section.
f. A detailed description and drawing to a scale as required by the
City of the proposed project and project work, including identification of
the obstructions to be placed, the size and depth of any excavation, the
schedule for commencement and completion of the proposed project, and
the location and size of any trees impacted in the designated work area,
and the location of any utility lines in the area impacted.
C. Issuance of Permit. The City may deny a permit for the following reasons:
Ordinance 2011-29
Page 129
The applicant failed to fully comply with the application requirements
herein.
2. The time schedule for the project will conflict or interfere with a
community exhibition, celebration, festival or any other similar community event
in the area of the project.
3. The time schedule for the project conflicts with scheduled public
improvement of the public right-of-way.
4. The proposed project violates a provision of this Code.
5. The proposed project is adverse to the public health, safety and welfare, by
interfering with the safety and convenience of ordinary travel over the public
right-of-way, or endangers the public right-of-way and its users based on one or
more of the following factors:
a. The extent of public right-of-way area available;
b. The competing public service demands for the particular proposed
area space in the public right-of-way;
C. The availability of other feasible locations in the public right-of-
way or in other public rights-of-way for the facility(s) or equipment of the
permit applicant;
d. The applicability of an ordinance or other regulation that affects
the location of a facility or equipment in the public right-of-way;
e. The applicant's prior compliance with the terms and conditions of
its franchise, this Section and other applicable ordinances and
regulations;
f. The condition and age of the public right-of-way and the City's
scheduled reconstruction thereof; and
g. The costs of disruption to the public and damage to the public
right-of-way balanced against any benefits to the public served by an
expansion into additional parts of the public right-of-way for facilities or
equipment.
Subd. 6. Conditions of Permit and Registration. All permits issued and all registrations
made under this Section shall be subject to the following requirements:
Ordinance 2011-29
Page 130
A. All permits issued under this Section or a copy of the permit shall be
conspicuously displayed or otherwise available at all times at the indicated project work site and
shall be available for inspection immediately upon request by the Director or- .
B. If the obstruction or excavation of the public right-of-way begins later or ends
sooner than the dates specified in the permit, the permittee shall promptly notify the Director.
C. Installation, placement, location, and relocation of equipment and facilities shall
comply with all federal, state and local laws.
D. Public right-of-way restoration shall be in accordance with the restoration
regulations set forth in this Section.
E. Installation of all underground utilities shall be in accordance with the
underground utilities regulations set forth in this Section and all other applicable federal, state
and local laws.
F. Precautions shall be taken as necessary to avoid creating unsafe or unsanitary
conditions, and a permittee shall not obstruct a public right-of-way, except as expressly
authorized by the permit, so as to hinder the natural free and clear passage of water through the
gutters or other waterways. Personal vehicles of those doing work in the public 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.
G. Project operations and work shall be conducted in a manner so as to insure the
least obstruction to and interference with present and continued use of the public right-of-way.
H. Precautions including appropriate signage shall be taken to assure the safety of the
general public, employees, invitees and those who require access to abutting property.
I. The permittee shall notify abutting property owners with a 48-hour written notice
prior to commencement of any project work that may disrupt the use of and access to the
abutting property.
J. The permittee involved in underground projects shall register with Gopher State
One Call and comply with the requirements thereof.
K. The permittee shall comply with the Uniform Traffic Manual for Traffic Control
at all times during any project work and shall protect and identify excavations and work
operations with barricade flags in the daylight hours and by warning lights at dusk and night.
L. The permittee shall comply with all conditions of the permit.
M. When any trail or drive has been cut, the appropriate signage must be kept in
place and maintained until restoration is complete.
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N. The permittee shall provide proper trench protection as required by O.S.H.A. to
prevent any cave-in; injury to property or persons; or enlargement of the excavation.
O. Excavations, trenches and jacking pits off the roadway surface area or adjacent to
the roadway or curbing shall be sheathed and braced. When unattended, all excavations,
trenches and jacking pits shall be protected to prevent erosion from surface drainage.
P. The permittee shall protect the root growth of significant trees as defined in
Chapter 5 of the City Code and shrubbery located within the public right-of-way and adjacent
thereto. The permittee shall protect sprinkler systems, pet containment systems, and sod located
adjacent to the public right-of-way.
Q. The permittee shall coordinate project work and installation of facilities in co -
locations involving other public right-of-way users.
R. The permittee shall maintain access to all properties and cross streets during
project work, including emergency vehicle access.
S. The permittee shall physically locate property lines abutting the project work.
The permittee shall replace, with the services of a Minnesota -licensed surveyor, any property
corners or monuments disturbed as a result of the project.
T. The permittee shall complete restoration of the public right-of-way in
conformance with this Section.
U. No permittee, or any agent, subcontractor or employee thereof, shall use lugs
(steel tracks) on any roadway surfaces.
V. The permittee shall remove daily all dirt or debris from sidewalks, trails, public
and private roadway surfaces and curbs and gutters during project work.
W. The permittee shall obtain all other necessary permits, licenses and approvals, pay
all required fees therefor and comply with all requirements of local, state and federal laws.
X. The permittee shall not do any work outside the project area as specified in the
permit.
Subd. 7. County or State Ri t -of -Ways. Any public right-of-way user who is required
to obtain any county or state permit for excavation or obstruction in any Hennepin County or
Minnesota Department of Transportation right-of-way must provide notification of permitting to
the City within one week of obtaining the permit but no less than 48 hours before the excavation
would begin.
Subd. 8. Installation of Underground Facilities within Public Ri t -of -Ways. The
permittee shall comply with the following requirements when installing underground facilities:
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A. Underground facilities shall, where reasonably possible, be installed outside the
paved or surface area in areas with the least potential future conflict. If unable to install outside
the surfaced area, the installation shall be as close to the edge of the roadway surface as possible
to allow access thereto without unnecessarily disturbing paved areas of the roadway.
B. Public right-of-way alignment and grade shall be maintained.
C. Fiber facilities shall be buried in a proper conduit and at a depth of no less than
three feet deep and no more than four feet deep; copper facilities below concrete or bituminous
paved roadway surfaces shall be buried no less than three feet deep and no more than four feet
deep, and all other copper facilities shall be buried no less than 30 inches deep and no more than
four feet deep.
D. All underground facilities which cross streets or hard surfaced driveways shall be
bored and installed in conduit when requested by the City. Gas deesmains and services do not
need to be installed in conduit.
E. When using trenchless installation methods to cross an area where an existing
utility is located or when directed by the City, the permittee shall excavate an observation hole to
expose the existing utility prior to crossing such utility to ensure that existing utilities aren't
damaged. When an observation hole must be excavated in an existing pavement section, the
parnentpavement must be cut using the coring method. Saw cutting, jack hammering or any
other means of excavating the observation holdhole shall be strictly prohibited without prior
approval from the CityEngineerDirector. (Ord. 2010-02, 2/23/2010)
F. If the project work involves an open cut, the permittee shall install visual tracers
18 inches over buried facilities. If other construction methods are used, substitute location
methods may be used upon approval by the City.
G. During plowing or trenching of facilities, a warning tape shall be placed at a depth
of 18 inches above copper cables with over 200 pairs and fiber facilities and a locating wire or
conductive shield shall be installed above buried telecommunication facilities, except for di-
electric cables.
H. Restoration of areas disturbed by facilities will include returning the right-of-way
to the same condition that existed before excavation as per MN Rules 7819.1100. Subject to this
standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate maximum limits of
restoration methods and area requirements the local government unit can impose when a right-
of-way user excavates in the public right-of-way. The leea4 goveniment uni City and right-of-
way user may agree to a lesser requirement. The right-of-way user is responsible for all of its
work done in the public right-of-way, whether by employees, agents, or independent contractors.
All levels of restoration include compaction of the materials placed in the excavation of the sub
grade and aggregate base, plus pavement replacement, in kind. All work must be performed
according to the City of Ply 's Engineering Guidelines and
standard detail specifications. Installation of service laterals shall be performed in accordance
with Minnesota Rules Chapter 7560 and this chapter. (Ord. 2006-02, 1/10/2006)
Ordinance 2011-29
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I. All facilities shall be located so as to not interfere with existing and potential
future traffic signals and signs.
J. Unless approved by the Director, all above ground appurtenances shall be located
no closer than 10 feet to City hydrants, waterline valves, manholes, lift stations, or catch basins;
not in front of any City or private sign, monument or amenity for facilities or parks; and no
closer than two feet from sidewalks and trails.
K. Underground facilities shall not be installed between a hydrant and an auxiliary
valve.
L. Underground facilities shall not be installed within five feet of hydrants, waterline
valves, lift stations, manholes or catch basins unless approved by the Director.
M: The location and installation of telecommunications facilities shall comply with
the National Electric Safety Code, as incorporated by reference in Minnesota Statutes.
N. 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 in order to determine the precise
location of marked underground utilities before excavating. In addition, permittees employing
trenchless excavation methods, shall not install facilities at a depth greater than four feet below
grade, unless specifically approved by the Director. (Ord. 2006-02, 1/10/2006; Ord. 2010-02,
2/23/2010)
Subd. 9. Supplement Permits or Permit Extension.
A. Limitation on Area. No permittee shall obstruct or excavate an area greater than
that specified in the permit without first obtaining a new permit or permit extension from the
City.
B. Limitation on Dates. No permittee shall begin its work before the permit start
date or, except as provided herein, continue working after the completion date.
Subd. 10. Revocation of Permits.
A. Grounds for Revocation. The City may revoke a permit issued hereunder on the
following grounds:
1. A material provision or condition of the permit or Cly the Code was
substantially breached.
2. A material misrepresentation in the application for a permit.
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3. The permittee failed to maintain the required bonds or other security and
insurance.
4. The permittee failed to complete the project work within the time
specified in the permit unless the failure to complete work is due to reasons
beyond the permittee's control.
5. The permittee failed in a timely manner to correct work that does not
conform to applicable standards, conditions, federal, state or local laws.
6. An evasion or attempt to evade any material provision of the public right-
of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit
upon the City.
B. Notice of Revocation. If the Director determines that grounds for revocation
exists, the Director shall provide written notice to the permittee. If the permittee's violation is
related to non -complying project work, the Director shall notify the permittee of the actions
necessary to remedy such violation within a reasonable period of time or be subject to potential
revocation of the permit. The Director may impose additional or revised conditions on the
permit to mitigate or remedy the violation.
C. Right to Hearing by C44y Council. In the event that the permittee fails to remedy
the violation for which the Director gave the permittee notice, a revocation of permit hearing
shall be held before the Gity Council at the next available Gity Council meeting. The purpose for
the hearing shall be to determine whether any of the grounds for revocation as set forth herein
exist against the permittee. No suspension or revocation shall take effect, until the permittee has
been afforded a hearing as provided in this subparagraph. Such hearing shall be set by the Gity
Council upon written notice to the permittee served by U.S. Mail not less than 15 days prior to
the hearing date, specifically stating the date, time and purpose thereof.
D. Revocation Costs. If a permit is revoked, the permittee shall reimburse the City
for its reasonable costs (including restoration costs) incurred in connection with the revocation.
Subd. 11. Permit Fees. All permit fees shall be submitted to the City with the
application. Permit fees shall be set to recover the City management costs and, where applicable,
restoration costs. The permit fees shall be established by this ordinance and Chapter 10 of the
Qty Code. No permit fee shall be refundable. No permit fees shall be required for any
obstruction or excavation permit issued to the City, although the City shall be allocated its full
portion of the City management costs in calculating the permit fees. Except where an extension
permit has been granted, the permittee shall, as a delay penalty, be required to obtain a new
permit and pay the associated fee for failure to complete the project work under the initial permit
within the required time period or pay the delay penalty per the right-of-way ordinance.
Applicants may jointly apply for permits to excavate or obstruct the right-of-way at the same
place and time. There shall be a single permit and permit fee for joint excavation and obstruction
permit applications. Applicants must agree among themselves as to the portion each will pay
and indicate the same on the application.
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Subd. 12. Public Right -of -Way Restoration.
A. Timing. All project work under a permit shall be completed within the dates
specified in the permit unless the project work could not be completed due to circumstances
beyond permittee's control, including seasonal weather prohibitions or inclement weather. An
extension permit at no charge will be issued by the City for these circumstances.
B. Restoration Costs. The permittee shall restore the public right-of-way and assume
all costs therefor unless otherwise agreed upon. The right-of-way user shall remain responsible
for replacing and compacting the sub -grade and aggregate base material in the excavation. The
City, at its option, may choose to perform its own restoration including any paving. If the City
performs the restoration pursuant to this paragraph, the permittee shall pay to the City all costs
thereof within 30 days of billing. If following such restoration, the roadway surface, boulevard,
sidewalk, curb or related infrastructure settles due to permittee's improper back-
fillingcoMaction or; the permittee shall, at its option, either correct the defect or pay to the City
all costs associated with correcting the defective work within 30 days of billing. If the permittee
restores the public right-of-way, the City may require, and the permittee shall provide at the time
of application for the permit, a City specified type of security, in accordance with PUC rules, to
cover the cost of repair and restoration. If within 24 months after completion of restoration of
the right-of-way, the Director determines the right-of-way has been properly restored, the posted
security will be released.
C. Standards. All restoration shall be in accordance with the standards and materials
specified by the City. The City shall maintain written procedures and standards for public right-
of-way restoration, which shall comply with PUC standards. Subject to PUC rules, the City shall
have the authority to prescribe additional restoration procedures and standards on a case-by-case
basis based on the following considerations:
1. The number, size, depth and duration of the excavation, disruption or
damage to the public right-of-way;
2. The traffic volume carried by the public right-of-way;
3. The character of the neighborhood surrounding the public right-of-way;
4. The pre -project condition of the public right-of-way;
5. The remaining life expectancy of the public right-of-way due to the
project;
6. The costs of the restoration method in relation to the prevention of an
accelerated depreciation of the public right-of-way that could result due to the
project work in the public right-of-way; and
7. The likelihood that the particular restoration method would be effective in
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slowing the depreciation of the public right-of-way that would otherwise occur.
D. Duty to Correct Defects. The permittee shall guarantee the restoration of the
public right-of-way for 24 months following its completion (12 months for turf establishment).
During the 24 -month period, the permittee shall, upon written notification from the City, correct
all non -complying restoration work, using the method required by the City. The correction work
shall be completed within 10 calendar days of the receipt of the notice from the City, not
including days during which work cannot be done due to circumstances constituting force
majeure or of unseasonable or inclement weather.
_ Y.
-rim u
Subd. 13. Inspection.
A. Site Inspection. The permittee shall make the project work site available to the
Director, and all others authorized by law, for inspection at all reasonable times during the
execution and upon completion of the project work.
B. Inspection Findings and Requirements.
1. The Director may order the immediate cessation or modification of any
project work which poses a serious immediate threat to the life, health, safety or
welfare of the public.
2. The Director may order the permittee to correct any project work to
comply with the terms of the permit or other applicable standards, conditions or
laws. The order shall state the violation, the terms of correcting the violation and
that failure to correct the violation within the stated time limits shall be cause for
revocation of the permit. If the violation is not corrected within the stated time
limits, the Director may initiate revocation of the permit.
3. The Director may order the permittee to pay for any cost the City incurred
for a project that posed a serious immediate threat to the life, health, safety or
welfare of the public.
C. Notice of Completion. The permittee shall sign a certificate of project completion
stating the completion date, identification of the installer and designer of record and certifying
that the project work was completed in accordance with the requirements herein. Project
completion date is the date the notice is received. Projects are subject to delay penalties until
notification is received.
Subd. 14. Permissible Work Without a Permit.
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A. Emergency Exception. All persons with facilities in the public right-of-way shall
include the City in its list of those to be notified immediately of any event regarding its facilities
that may be considered as an emergency. Notification to Gopher State One Call regarding an
emergency situation does not fulfill this requirement. The owner of the facilities may proceed to
take whatever actions are necessary to respond to the emergency, but shall apply for the
necessary permits, pay the fees associated therewith and fulfill all requirements as set forth in
this Section within 10 business days after the occurrence of the emergency. These permitting
requirements shall not apply if the repair is made within the hole of the permitted excavator.
(Ord. 2006-02, 1 /10/2006)
B. If the City becomes aware of an emergency regarding facilities, the City will
attempt to contact the local representative of each facility affected, or potentially affected by the
emergency. The City may take whatever action it deems necessary to respond to the emergency,
the cost of which shall be assumed and paid by the owner of the facility, which occasioned the
emergency.
Subd. 15. Mapping Data.
A. Information Required. All permittees shall provide "as built" mapping
information in accordance with Minnesota Rules 7819.4000 and 7849.4100 and in a format
acceptable to the City as follows:
1. The location of underground and above ground appurtenances of the
equipment and facilities, identified by:
a. Offsets from property lines, distances from the centerline of the
public right-of-way and curb lines and/or other reference points as
requested by the City; or
b. Coordinates derived from the coordinate system being used by the
City;
C. Approximate depth of facilities.
2. The type, quantity and size of the equipment;
3. A dimensional description of aboveground appurtenances;
4. A legend explaining symbols, characters, abbreviations, scale and other
data shown on the map; and
5. The location of any facilities that were abandoned in conformance with
Minnesota Statutes.
6. Mapping to include restoration; and
7. Abandoned facilities that remain in place.
Ordinance 2011-29
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B. Submittal Requirements.
1. Within six months after the effective date of this Section, all public right-
of-way users which own or control facilities within public right-of-ways within
the City on the effective date of this Section shall submit detailed mapping
including restoration data in accordance with this Subdivision for all facilities and
equipment located within the public right-of-way. Following initial mapping, all
right-of-way users shall submit detail mapping including restoration data by April
1 st of every year for all new facilities located within public rights-of-way in the
City during the preceding calendar year or certification that no new facilities were
installed.
2. At the request of any public right-of-way user, information required by the
City which qualifies as "trade secret" data under the Minnesota Data Practices Act
shall be protected accordingly.
C. 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 paragraph 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 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. 2006-02, 1110/2006)
Subd. 16. General Public Right -of -Way Regulations.
A. Placement of Facilities Underground. Any new non -replacement facilities or
equipment shall be located underground or contained within buildings or on other structures
unless prohibited/restricted in accordance with all applicable federal, state or local laws. If it is
not feasible due to the size of the facility, other provisions may be allowed with prior approval of
the Director.
B. Corridors. The City may assign specific corridors within the public right-of-way,
or portion thereof, as may be necessary for each type of facility. All permits issued by the City
involving the installation or replacement of facilities shall designate the proper corridor for the
facility at issue.
C. Limitation of Space. To protect the health, safety, and welfare of the City or
when necessary to protect the public right-of-way and its current use, the City may prohibit
Ordinance 2011-29
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public right-of-way users from a particular right-of-way after consideration of the public interest,
the public's needs for the particular utility service, the condition of the public right-of-way, the
time of year with respect to essential utilities, the protection of existing facilities in the public
right-of-way, and future City plans for public improvements and development projects which
have been determined to be in the public interest.
D. Relocation and Temporary Relocation for Construction of Facilities. A public
right-of-way user shall promptly, and at its own expense, with due regard to seasonal working
conditions, permanently remove and relocate any facility in the public right-of-way when it is
necessary to prevent interference and not merely for the convenience of the City, in connection
with: (1) a present or future City use of the public right-of-way for a public project; (2) the public
health or safety; or (3) the safety and convenience of travel over the public right-of-way
including temporary relocation for construction. The public right-of-way user shall restore any
public rights-of-way in accordance with this Section. A right-of-way user is not required to
remove or relocate its facilities from a right-of-way that has been vacated and in favor of a non-
governmental entity unless and until the reasonable costs to do so are first paid to the right-of-
way user.
E. Damage to Other Facilities. Public right-of-way users shall be subject to all
restoration requirements provided in this Section. Every public right-of-way user shall be
responsible for the cost of repairing any facility it damages. This provision is intended to include
costs for damages to boulevard amenities placed by adjacent property owners, (e.g. sprinkler
systems, etc.).
F. Encroachment in Public Easements. Placement of any structure in public rights-
of-way or on City property must comply with Section 21180 of the Zoning Ordinance.
Placement of structures that have a foundation is prohibited in a public easement, unless the
structure is exempted under Section 21180 of the Zoning Ordinance. The erection or placement
of a structure without a foundation in a public easement requires an encroachment agreement
application together with Council approval. The application shall include a written request for
the encroachment(s), a description of the proposed structure or obstruction, a plan, drawing, or
sketch that shows the proposed structure or obstruction, as well as the location of the easement(s)
affected, and payment of an application fee as specified in Chanter X of the Ci Code.
Applications shall be submitted to the City Engineer. Upon receipt of a completed application,
the City Engineer will review the application and will consider factors such as the type and use
of the existing easement(s), as well as the type and use of the proposed structure or obstruction,
when making a decision to recommend approval or denial of the requested encroachment. If an
approval recommendation is made, the applicant will be required to sign an Encroachment
Agreement, prepared by the City, before the City Engineer's recommendation is forwarded to the
Council for consideration. If the Encroachment Agreement is approved by the Council, the
Encroachment Agreement will be executed and recorded against the subject property of record.
Subd. 17. Public Right -of -Way Vacation.
A. Reservation of Right. If the City vacates a public right-of-way which contains the
equipment or facilities of a public right-of-way user and the vacation does not require the
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relocation of the equipment or facilities, the City shall reserve, to and for itself and the public
right-of-way user, the right to install, maintain and operate any equipment and facilities in the
vacated public right-of-way and to enter upon such public right-of-way at any time for the
purpose of reconstruction, inspecting, maintaining or repairing the same.
B. Relocation of facilities. If the vacation requires the relocation of the public right-
of-way user's equipment or facility, and the vacation proceedings are initiated by the public
right-of-way user or the City for a public project, the public right-of-way user shall pay the
relocation costs. If the vacation proceedings are initiated by a person or persons other than the
public right-of-way user or the City, the initiating person or persons shall pay the relocation
costs.
C. Administration — Vacation of Right -of -Way and Easements.
1. Procedure. A request for vacation of a right-of-way or easement shall be
filed in writing with the City Engineer. In the case of a request for vacation of a
right-of-way, the written request shall be signed by a landowner directly abutting
such right-of-way. In the case of a request for vacation of an easement, the
written request shall be signed by a landowner of the property encumbered by
such easement.
2. Filing. A written request to vacate a right-of-way or an easement shall be
accompanied by the following:
a. Information, both written and graphic, that describe the reason for,
and location of, the proposed vacation;
b. aA fee as set forth in Chapter X of the City
C. fFor requests involving the vacation of right-of-way, the applicant
shall submit the addresses of all properties directly abutting the right-of-
way to be vacated; and
d. fFor requests involving the vacation of an easement, the applicant
shall submit a legal description of the area to be vacated.
3. Public Hearing Required.
Via. Upon receipt of a complete vacation request, the City Engineer
shall set a public hearing following proper notification.
fib. Notice of said hearing shall be published once in the official
newspaper at least two weeks prior to the hearing, and shall be mailed to
all landowners of property directly abutting the area to be vacated and to
all utility companies serving the area (Ord. 2004-03, 1/13/2004).
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c. The City Engineer shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation of the action to the City
Council.
Sub d. -4d. The Gity Council shall consider possible adverse effects of the
requested vacation. Its judgment shall be based upon (but not limited to)
the following factors:
al. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
City's Comprehensive Plan, including public facilities and capital
improvement plans.
b2. The proposed action meets the purpose and intent of this Chapter.
e3. The proposed action has been considered in relation to the future
needs of the City, utility companies and surrounding property owners.
Subd. The City Council and City staff shall have the authority to
request additional information from the applicant or to retain expert
testimony with the consent and at the expense of the applicant, said
information to be declared necessary to establish performance conditions
in relation to all pertinent sections of this Chapter.
6_f. The applicant or a representative thereof may appear before the
City Council in order to present information and answer questions
concerning the proposed request.
Wig. Upon receiving the report and recommendation of the City
staff, the City Council shall conduct the hearing, consider the request, and
render its decision. The staff recommendation shall be entered in and
made part of the permanent written record of the City Council meeting.
Sub"h. Approval of a right-of-way or easement vacation shall require
passage by a majority vote of the entire City Council.
Subd.-9i. Whenever an application for a right-of-way or easement
vacation has been considered and denied by the City Council, a similar
application for a vacation shall not be considered again by the City
Council for at least six months from the date of its denial.
Subd. 18. Indemnification and Liability.
A. Limitation of Liability. Upon the issuance of a public right-of-way permit, the
City does not assume any liability (i) for injuries to persons, damage to property or loss of
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service claims by parties other than the registrant or the City, or (ii) for claims or penalties of any
sort resulting from the installation, presence, maintenance or operation of equipment or facilities
by registrants or permittees or activities of registrants or permittees.
B. Indemnification. A registrant or permittee shall indemnify, keep and hold the
City, its officials, employees and agents, free and harmless from any and all costs, liabilities, and
claims for damages of any kind arising out of the construction, presence, installation,
maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken
in or near a public right-of-way, whether or not any act or omission complaint is authorized,
allowed or prohibited by a public right-of-way permit. The foregoing does not indemnify the
City for its own negligence except for claims arising out of or alleging the City's negligence in
issuing the permit or in failing to properly or adequately inspect or enforce compliance with a
term, condition or purpose of a permit. This section is not, as to third parties, a waiver of any
defense or immunity otherwise available to the registrant, permittee or the City, and the
registrant or permittee, in defending any action on behalf of the City, shall be entitled to assert in
any action every defense or immunity that the City could assert on its own behalf.
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. Such consent will not be unreasonably withheld.
Subd. 19. Abandoned Facilities.
A. Notification. A public right-of-way user shall notify the City when facilities are
abandoned. If an abandoned facility remains in place see Subd. 15 A. -75.
B. Removal of Abandoned Facilities. A right-of-way user shall notify the City when
facilities are abandoned. A right-of-way user that has abandoned facilities in the right-of-way
shall remove them from that right-of-way if required due to a conflict in conjunction with other
right-of-way repair, excavation or construction, unless the Director waives this requirement.
Subd. 20. Appeal. A public right-of-way user that: (1) has been denied registration; (2)
has been denied a permit; (3) has had permit revoked; (4) believes relocation cost or City
required relocation is unreasonable; or (5) tkatobjects to the fees imposed, (6) disputes a
determination of the Director, are iid; may have the denial, revocation, relocation fee
imposition, or decision reviewed by the Gity Council upon written request. The Gity Council
shall act on a written request at its next available meeting. The decision by the Gi4y Council
shall be in writing and supported by written findings establishing the reasonableness of the
decision. (Ord. 2006-02, 1/10/2006)
Subd. 21. Insurance. All certificate(s) of insurance or self-insurance required under this
Section shall provide the following: (1) that an insurance policy has been issued to the applicant
by an insurance company authorized to do business in the State of Minnesota, or a form of self
insurance acceptable to the Director; (2) verify that the applicant is insured against claims for
personal injury, including death, as well as claims for property damage arising out of the (i) use
and occupancy of the public right-of-way by the permittee, its officers, agents, employees and
permittees, and (ii) placement and use of facilities and equipment in the public right-of-way by
Ordinance 2011-29
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the permittee, its officers, agents, employees and permittees, including, but not limited to,
protection against liability arising from completed operations, damage of underground facilities
and collapse of property; (3) name 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; (4) require that the Director be notified 30 days in advance of cancellation of the
policy or material modification of a coverage term; (5) indicate 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:Minimum coverages are as follows:
The City may require a copy of the actual insurance policies or. if the per -son -is-a
and eeFtified to by the SeeFetaFy of State. Aa copy of the person's order granting a certificate of
authority from the Minnesota Publi Utilities Ceamnissie Commissioner of Commerce 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. A Franchise agreement may exempt a
permittee from this paragraph.
800.03. Erosion onto Street or Hi way.
Subd. 1. Prohibition. The owner of real property shall not allow any dirt, sand, silt, of
ether debris, or other illicit discharize (as defined by the Minnesota Pollution Control Ap-encv)
from the property to erode upon, or otherwise be deposited on public property including streets,
highways, or trails, ponds, streams, wetlands, or storm sewers. If erosion does occur, the
property owner or permittee shall be held liable for all cleanup costs, property damage, and the
cost of installation of permanent or temporary erosion control measures (Ord.95-19, 3/21/95).
Subd. 2. Duties. It shall be the duty of any property owner or permittee to take
appropriate erosion control measures to ensure that erosion from their property will not occur off
Public Liability, including remises, products and complete operations
GENERAL
LIABILITY:
Bodily Injury Liability - $1,000,000 each person, $3,000,000 each
occurrence
Property Damage Liability - $3,000,000 each occurrence
In lieu of (1) and (2) Bodily Injury and Property Damage Combined -
$3,000,000 single limit
Automobile Liability Insurance, including owned, non -owned and hired
vehicles
COMPREHENSIVE:
Bodily Injury Liability - $1,000,000 each person, $3,000,000 each
occurrence
Property Damage Liability - $3,000,000 each occurrence
In lieu of (1) and (2) Bodily Injury and Property Damage Combined -
$3,000,000 single limit
The City may require a copy of the actual insurance policies or. if the per -son -is-a
and eeFtified to by the SeeFetaFy of State. Aa copy of the person's order granting a certificate of
authority from the Minnesota Publi Utilities Ceamnissie Commissioner of Commerce 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. A Franchise agreement may exempt a
permittee from this paragraph.
800.03. Erosion onto Street or Hi way.
Subd. 1. Prohibition. The owner of real property shall not allow any dirt, sand, silt, of
ether debris, or other illicit discharize (as defined by the Minnesota Pollution Control Ap-encv)
from the property to erode upon, or otherwise be deposited on public property including streets,
highways, or trails, ponds, streams, wetlands, or storm sewers. If erosion does occur, the
property owner or permittee shall be held liable for all cleanup costs, property damage, and the
cost of installation of permanent or temporary erosion control measures (Ord.95-19, 3/21/95).
Subd. 2. Duties. It shall be the duty of any property owner or permittee to take
appropriate erosion control measures to ensure that erosion from their property will not occur off
Ordinance 2011-29
Page 144
site. Appropriate erosion control measures shall include, but are not limited to, sodding, silt
fence, or hay bales.
Subd. 3. Notification Procedure. Any property owner or permittee violating this Section
shall receive a written notice of violation by certified mail, return receipt requested, to the address of
the owner of record of the violating property or permittee. Refusal to accept such notice shall not
constitute a defense that the notice was not received. Notification shall include pertinent
information regarding the nature of the violation, the possible costs and penalties, and a period of
time in which to correct the violation.
Subd. 4. Work Ordered by City. If the property owner or permittee, after receiving written
notice required in Subd. 3, fails to comply with the notification order within the time set forth in the
notification, the City may have the work performed by a private contractor. Records shall be
maintained by the emsien eentfel in&pe City Engineer showing the cost of such work
attributable to each separate lot and parcel and shall deliver such information to the City Clerk.
Subd. 5. Assessment. On or before September 1 of each year, the Cfty Clerk shall list the
total unpaid charges incurred under this Section against each separate lot or parcel to which they are
attributable. The gly Council may then charge against the property responsible for the costs
incurred and certify said costs as a special assessment under Minnesota Statutes Section 429.101, as
amended, and other pertinent Statutes for certification to the Hennepin County Auditor for
collection along with the current taxes. The City Council, in its discretion, shall have the right to
spread charges incurred under this Section into annual installments, not to exceed ten installments.
800.04. Structures in Streets. No person shall place, erect, or construct any structure in any street,
boulevard, or right-of-way in the City if the structure causes or is likely to cause people to use, or
play in, the traveled portion of the roadway. This section does not authorize construction of any
structure that is otherwise prohibited by law.
(Ord. 2004-20, 9/13/2004)
Section 34. Amendment. Section 805 of the City Code (Parks; Regulations) is amended
to read as follows:
805.01. Park Regulations. Subdivision 1. Application. This Section applies to public
parks, beaches and park land in the City.
Subd. 2. Equipment. No person shall willfully mark, deface, disfigure, injure, tamper
with, displace or remove any building, bridge, table, bench, waste receptacle, fireplace, railing,
paving or paved material, waterline or other public utility or part or appurtenance thereof, sign,
notice or placecard (whether temporary or permanent), monument, stake, post or other
boundary marker, or other structure, equipment, park property or park appurtenances
whatsoever, either real or personal.
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Subd. 3. Rest Room Facilities. No person shall fail to cooperate in maintaining rest
rooms, wash rooms and other sanitation facilities in a neat, orderly and sanitary condition. No
person over the age of five years shall use the rest rooms and washrooms designed and
designated for members of the opposite sex.
Subd. 4. Public Waters. No person shall throw, discharge, or otherwise place or cause
to be placed in the water of any fountain, pond, lake, stream, bay or other body of water in or
adjacent to any park or in any tributary, stream, storm sewer or drain flowing into such water,
any substance, matter or thing, liquid or solid; nor shall any person bring in or dump, deposit or
leave any bottles, broken glassy ashes, paper boxes, cans, dirt, rubbish, waste, garbage, or
refuse or any other trash, in any park or portion thereof, or in any waters in or contiguous to any
park. All such garbage, refuse or trash shall be placed in the proper receptacles; where proper
receptacles are not provided, all such garbage, refuse or trash shall be carried away from the
park by the person responsible for its presence and shall be properly disposed of elsewhere.
Subd. 5. Picnics. No person shall picnic or lunch in a park in any place other than
those designated for that purpose. Park atttpdants staff shall have authority to regulate
activities in such area when necessary to prevent congestion and to secure the maximum
comfort and convenience for all. Visitors shall comply with directions given to achieve this
end. No person shall use any portion of the picnic areas or any of the buildings or structures
therein for the purpose of holding picnics to the unreasonable exclusion of other purposes, nor
shall any person use such areas and facilities for an unreasonable length of time if such
facilities are crowded.
Subd. 6. Picnics, Fires. Fires are prohibited in City parks except in a metal grill. No
person shall leave before the fire has been completely extinguished, and all garbage, trash and
refuse have been placed in the receptacles provided. Where no receptacles have been provided,
all garbage, trash and refuse shall be carried away from the park area and shall be properly
disposed of elsewhere. (Ord. 2006-17, 6/27/2006)
Subd. 7. Public Sales. No person shall within any park or property expose or offer for
sale, rent or hire any article or thing. Exempted are those who have obtained written approval
to so operate from the City Manager. No person shall announce, advertise, or call the public
attention to any article or service for sale or hire in any way.
Subd. 8. Posters; Advertisements. No person shall post, glue, tack or otherwise post
any sign, placard, advertisement, or inscription whatsoever in park lands, or on any public
lands, highways or roads adjacent to park lands, unless on a kiosk provided by the City.
Subd. 9. Golfing. No person shall engage in golfing practice with other than light
plastic hollow balls and then only at areas designated for such practice.
Subd. 10. Park Closing. Subject to the provisions of Subsection 805.07, as amended,
no person shall remain in or on any public park, parkway, beach or adjacent waters or drive
when such park, parkway, beach or drive is closed.
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Subd. 11. Camping. Overnight camping is prohibited in City parks without first obtaining
the written approval of the City's Parks and Recreation Department. (Ord. 2006-17, 6/27/2006)
Subd. 12. Model Rockets. Gas -powered model rockets and gas -powered aircraft may only
be used in City parks with the permission of the Parks and Recreation Department at authorized
times and locations. All debris must be properly disposed of following firing of the model rocket.
(Ord. 2006-17, 6/27/2006; Ord. 2011-13, 6/14/2011)
805.03. Group Activity. No group, association, or organization desiring to use park
facilities for a particular purpose including, but not limited to, picnics, parties, or theatrical or
entertainment performances, may do so without first obtaining written approval for such use
from the City Manager. The City Manager shall grant the application if in hisAierjudgm the
use for which the permit is sought will not interfere with the health, safety, welfare and morals
and use of the park by the general public and if the applicant meets all other conditions as may
be contained in the application form. The City Manager may require an indemnity bond, in
form and substance satisfactory to the City Attorney, holding the City harmless from liability of
any kind or character and which bond shall protect the City in case of property damage. The
bond shall be filed with the City Clerk.
805.05. Flowers, Trees and Shrubs. It is unlawful to willfully and without authority cut,
pluck, or otherwise injure any flowers, shrubs or trees growing in or around any public park, or
on other public grounds.
805.07. Closing of Parks and Beaches. Subdivision 1. Hours, Basic Rule. Public parks
and beaches will close during such hours as the Council may by resolution from time to time
determine. No person shall be in, remain in, or leave or park any vehicle in any park, parkway,
beach or adjacent waters or drive during such hours as the Council may by resolution from time
to time determine. This subsection shall not apply to persons who, without delay, are traveling
upon the established walks, paths, parkways or drives of the parks. Groups, associations, or
organizations wishing to meet in a park or beach area past the time designated by the Council
must obtain written approval from the City Manager. The City Manager shall grant the
application if, in his/her judgment, the use for which the permit is sought will not interfere with
the health, safety, welfare and morals of the general public and if the applicant meets all other
conditions required by the City Manager and contained in the application form. The
application form may contain a requirement for an indemnity bond, in form and substance
satisfactory to the City Attorney, holding the City harmless from liability of any kind or
character and which bond shall protect the City in case of property damage. The bond shall be
filed with the City Clerk.
Subd. 2. Posting of Hours. The hours of operation of the parks shall be prominently
posted by the City Manager in each park.
Subd. 3. Park Closing. The Chief e€ Police Chief may close any public park, parkway,
beach or drive at any time, and for such period as deemed necessary, in order to protect or
restore order or terminate or prevent breaches of the peace and order of the City. No person
Ordinance 2011-29
Page 147
having been informed of such an order closing any such area shall remain in the area longer
than is necessary to leave the closed area.
Subd. 4. Enforcement of Beach Closings. It is unlawful for any person to enter onto a
beach or into adjacent waters when that beach is closed, or fail or refuse to leave the beach or
adjacent waters upon notice that the beach is closed. A beach is closed for purposes of this
subdivision when any of the following occur:
(a) Before or after the official hours of operation as determined by the
Council; or
(b) The beach has been closed by the Chief a Police Chief pursuant to
Section 805.07, Subd. 3, as amended; or
(c) No lifeguard is on duty except when a sign authorized by the City
Manager provides that the beach is open in the absence of a lifeguard. (Ord. 99-
08, 4/06/99)
Subd. 5. Responsible Person. No person under age 11 may enter onto a beach or into
adjacent water unless they are accompanied by a person 16 years of age or older. (Ord. 99-12;
5/04/99)
805.09. Hunting. No Only City authorized persons shall rob, injure or destroy any bird
or animal nest within the limits of any park, nor shall any person aim or discharge any air gun,
sling shot, arrow or other weapon, or throw any stone or other projectile, at any bird or animal
within any park, nor in any manner capture, kill or harm in any way any bird or animal therein.
805.11. Trapping. No Only City authorized persons shall set, lay, prepare or have in his
possession any trap, snare, artificial light, net, bird line, ferret or any contrivance whatever, for
the purpose of trapping, catching, taking or killing any bird or animal within any park or
parkway.
805.13. Firearms and Fireworks. Except as otherwise permitted by law in this Code, no
person shall within the limits of any park or parkway, fire or discharge any cannon, fowling
piece, pistol, revolver or firearm of whatever description or fire, explode or set off any squib,
cracker, firecracker, or any other thing containing powder or other combustible or explosive
material.
805.15. Greenst s. Greenstrips shall be kept up, if dedicated to neighborhood
associations, by those associations. The obligation of such associations to maintain greenstrips
include, but are not limited to, the following: cutting grass, picking up litter, planting trees and
other such related matters as maybe prescribed by resolution of the Qty Council.
805.17. Bridle Paths. All horses and riders will ride only on designated bridle paths,
with horses kept under control at all times. No horse shall be allowed to roam free in any park
or bridle area and no horse shall be allowed in a lake or on a public beach.
Ordinance 2011-29
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805.19. Vehicles. No motorized vehicles or machines of any kind or character, except
those operated by and for the City or other competent governmental authority, shall drive on or
across park lands, the ice skating rinks, whether on lakes or flooded, nor shall such vehicle or
machine park on these areas, without first obtaining a permit from the GAy Council or its
designated officials, paying the fees fixed from time to time by Council resolution.
805.21. Docks. Subdivision 1. Policy and Purpose. The purpose of this Section is to
allow owners of property abutting public parks who have installed or maintained docks,
wharves, or similar structures on park property on or before July 1, 1987 to continue to use and
maintain those structures, subject to the conditions and restrictions set forth in this section. It is
the intention of the City Council to phase out and eliminate the existence of such docks,
wharves and similar structures as each such property abutting a public park is sold.
Subd. 2. Permit Required. No person shall construct, install, or maintain a dock, wharf
or similar structure on park property or in public waters abutting park property without first
obtaining a permit for such dock from the City Manager Manager. The annual permit fee is set
forth in Chapter X.
Subd. 3. Application. Permits shall be issued only to those persons who, as of July 1,
1987, owned property abutting the park where the dock, wharf or similar structure is to be
installed or maintained and had a dock, wharf or similar structure in place at such park as of
that date. An application shall be accompanied by the permit fee and proof of liability
insurance required by this section. The right to apply for a permit shall terminate when the
applicant's abutting property is sold.
Sb T 1; D ♦ 1, it b ,i 1 basis and shat 0
tri7��crmTG�Tvrmresm'urr'v�-i�.Juc�vm�xr-aisiC[iir'G v j.i•-e
Deeember-31-e€eac-ley The fee f an awmal „o,...,;t ;s $25.
Subd. 5. Conditions and Restrictions. All permits shall be subject to the following
conditions and restrictions:
(a) The permit holder must at all times during the period of the permit
maintain in force liability insurance naming the City as a co-insured, in a
minimum amount equal to the limits established by Minnesota Statutes, Section
466.04, as amended. The permit holder must notify the City immediately if the
insurance is canceled or lapses for any reason. Failure to maintain said
insurance shall result in automatic revocation of the permit.
(b) The dock, wharf, or similar structure shall be posted at each end with a
sign no less than 1' x 2' that states, in legible letters, "PRIVATE DOCK --KEEP
OFF" and shall be secured at the end nearest the land by a chain, rope, or other
security device that impedes access by the public.
(c) The dock, wharf, or similar structure shall be equal in size, length, shape
and construction to the dock, wharf, or similar structure the permit holder had in
Ordinance 2011-29
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place at such park as of July 1, 1987. The permit holder shall maintain the dock,
wharf, or similar structure in good repair during the term of the permit.
(d) The permit holder must agree in writing to indemnify and hold harmless
the City of Plymeutk from any liability, including costs and attorneys fees, for
injuries to persons or property arising from the use of the dock, wharf, or similar
structure.
Subd. 6. Transfers Prohibited. A permit under this Section may be issued only to an
applicant as described in Subdivision 2 above and may not be transferred to a subsequent
purchaser of the applicant's property or to any other person.
Subd. 7. Inventory. An inventory of the docks, wharves, or similar structures located
on park property or in public waters abutting park property as of July 1, 1987 shall be kept on
file in the office of the pParks and (Recreation dDepartment. The inventory shall include the
name and address of the owner of each dock, wharf, or similar structure and a brief description
of the size, length, shape, and construction of each said structure.
Section 35. Amendment. Section 810 of the City Code (Assessable Current Services) is
amended to read as follows:
810.01. Weeds, Grasses, Other Vegetation. Subdivision 1. Noxious Weeds. The owner
of land containing Noxious Weeds, as defined by Chapter 18.75 through 18.89 91 of Minnesota
Statutes, shall control such weeds and shall prevent them from spreading. (Ord. 2009-08,
511212009)
Subd. 2. Weeds as a Nuisance. Weeds, tall grasses and other rank or harmful
vegetation growing upon any private property or upon any property adjacent to the traveled
portion of any street, alley, trail or sidewalk in the City, exceeding the height of eight inches on
properties other than Agricultural or Natural Preserves or buffer strips shall be cut, or caused to
be cut, by the owner of the property. Agricultural land, for the purpose of this subdivision, shall
be properties located in the FRD zoning district and under current cultivation or properties used
for grazing purposes or undeveloped land not in the FRD district excluding portions of such
property abutting within 200 feet of property developed or under development, improved public
or private facilities or City streets. Natural Preserves are defined in Section 811.02 of the Cly
Code. Buffer strips are defined in Chapter 2 (Zoning Orth.,.,,,,) of the City Gedethe Zoning
Ordinance. (Ord. 95-10, 2107195; Ord. 2003-17, 611012003; Ord. 2009-08, 5/1212009)
Subd. 3. General Notice. On or before May 1 of each year, or at such other times as
directed by the Council, the City Clerk shall publish once in the official newspaper, a notice
directing owners of property within the City to control all weeds or vegetation declared by this
Code to be Noxious or a nuisance and stating that if not so controlled within 10 days after
notification, the City will take necessary corrective action at the expense of the owner and if not
paid, the charge for such work will be made a special assessment against the property
Ordinance 2011-29
Page 150
concerned. Enforcement of this ordinance shall continue until September 30 of each year.
(Ord. 2007-19, 7/24/2007; Ord. 2009-08, 05/12/2009)
Subd. 4. Notification Procedure. If a property (includes abutting boulevard) contains
Noxious Weeds or contains vegetation that is declared to be a nuisance, the City shall notify the
landowner by 1) sending a letter by first class mail to the landowner, or 2) posting a notice on the
property. Such a notice shall include pertinent information regarding the nature of the violation
and method of correction. Such a notice shall also inform landowners that they have 10 days from
the date of the notice to correct the violations identified therein. (Ord. 2003-13, 5127/2003; Ord.
2009-08, 5/12/2009)
Subd. 5. Corrective Action by City. If the owner of any property fails to comply with a
notice, as provided for by Subd. 4 (above), within 10 days of the date of such notification, the City
shall take corrective action necessary to address the violation. Records shall be maintained by the
weed inspector showing the cost of such work attributable to each separate lot and parcel and shall
deliver such information to the City Clerk. (Ord. 2003-13, 5/2712003; Ord. 2009-08, 5/12/2009)
810.03. Public Health and Safety Hazards. When the City removes or eliminates public
health or safety hazards from private property pursuant to this Code or provides any other
Current Service, the administrative officer responsible for doing the work shall keep a record of
the cost of such removal or elimination against each parcel of property affected or otherwise
keep a record of the amount of Current Service provided and annually deliver such information
to the City Clerk. This Section does not apply to hazardous buildings under the hazardous
building law, Minnesota Statutes, Sections 463.15 to 463.26, as amended.
810.07. Assessment for Current Service. On or before September 1 of each year, the
C� Clerk shall list the total unpaid charges for each type of Current Service against each
separate lot or parcel to which they are attributable under this Section. The Council may then
spread the charges against property benefited as a special assessment under Minnesota Statutes,
Section 429.101, as amended, 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 ten, as the Council may determine in each case.
810.09. Penalties for Violation. A third or subsequent violation of this section in a three year
period shall be a petty misdemeanor. (Ord. 2003-13, 5/27/2003)
810.11. Hardship. Property owners shall be exempt from the requirements of this section if,
as a result of circumstances beyond their control, the property owner is prevented from controlling
the height of grass on their property because of a hardship. A property owner may apply in writing
to the City for a hardship determination. Hardship means that because of steep slopes or standing
water it is not feasible to cut the grass. The City Manager shall review
the property and determine whether a hardship exists The decision of the City Manager may be
appealed by the property owner to the Gity Council by filing a written appeal within 10 days of the
Cily Manager's decision. (Ord. 2003-13, 5127/2003)
Ordinance 2011-29
Page 151
Section 36. Amendment. Section 811 of the City Code (Natural Preserves) is amended to
read as follows:
811.01 Purpose and Intent. It is the policy of the City of Pirneutl} to encourage
preservation, including appropriate management, of natural areas within the community. To this
end, the City will formally recognize areas within Plymouth where the City and/or a private
property owner find it is beneficial to maintain the area in a natural state.
811.02. Definition of Natural Preserve. Publicly owned lands designated as park or open
space or private properties approved by the City which are set aside to preserve, enhance, or
recreate their natural characteristics and qualities. (Ord. 2008-08, 3/25/2008)
811.03. Procedures to Establish a Natural Preserve.
Subd. 1. Designation without platting or site plan approval. To request natural preserve
designation, a property owner must submit a written application to the City. Lands that the City
Council finds have merit as natural preserves will be so designated by Council resolution. Ten
days prior to Qty Council action on a natural preserve, the City will mail notification of the
pending action to all owners of property within 200 feet of the boundary of the property in
question. An application for natural preserve designation must include the following:
(a) Fee established by Section 1015 of this Code.
(b) List, mailing labels and map from Hennepin County, of names and
addresses of property owners of record (current within six months) located within
200 feet of the boundaries of the subject property.
(c) A property survey that identifies the area to be designated. Unless
otherwise authorized by the City Council as part of the approval process, a
minimum of eight feet of maintained area (e.g. sodded or mulched) is mandatory
between the proposed natural area and any lot line, building, parking lot or related
drive aisle, or public roadway or trail.
(d) A description of the existing and/or proposed vegetation types in the area.
The vegetation in the area shall consist of native plant communities or native
plantings, as approved by the City. The City will not designate areas as natural
preserves that consist of previously graded area with little or no topsoil, which is
simply overgrown with whatever vegetation will grow on the site. In addition,
extreme slopes may be excluded from natural preserve designation due to
inaccessibility or hardship in maintaining the slope.
(e) A management plan. Lands designated as natural preserves shall be
managed to ensure compliance with State Noxious Weed Laws. The applicant
shall enter into a maintenance agreement for the natural preserve. The City may
require financial surety for maintenance of the natural preserve.
Ordinance 2011-29
Page 152
(f) If the proposed natural preserve would, or is intended to, re-create natural
areas on a site (e.g., replacement of sod with native landscaping), the areas for
natural preserve shall not exceed 50 percent of the vegetated area of the site.
(Ord. 2008-08, 3/25/2008, Ord. 2009-08, 5112/2009)
Subd. 2. Designation as part of platting for site plan approval. If a property owner
requests natural preserve designation in conjunction with a plat or site plan approval, the
property owner shall follow the same requirements set forth in Subd. 1(b) through Subd. 1(f)
above. However, approval of a natural preserve that is requested with the platting or site plan
approval process will occur as part of the City Council approval of the tree preservation plan or
landscaping plan associated with such request rather than in a separate resolution. (Ord. 2008-
08, 3/2512008, Ord. 2009-08, 5112/2009)
811.04 Duration. A natural preserve shall continue to exist until such time as the City
determines that a property owner is not meeting the requirements outlined in this Section or until
the property owner requests that the designation be removed from the property. If the City
determines that a property owner is not meeting the requirements outlined in this Section, the
natural preserve designation shall be revoked and the subject area(s) shall be sodded. (Ord.
2003-17, 611012003; Ord. 2008-08, 3/2512008)
Section 37. Amendment. Section 930 of the City Code (Use of Firearms) is amended to
read as follows:
930.01. General Rule.
No person shall engage in hunting or shoot or discharge any firearm, air rifle, pellet gun,
crossbow, bow, or any other weapon within the corporate limits of the City except as follows:
(a) Persons duly authorized to act as law enforcement officers, or members of the
military forces of the United States or the State of Minnesota in the discharge of their
duties.
(b) Persons engaged in target shooting, with inanimate objects as targets within a
building or structure totally enclosed where the sound of the shooting or discharge will
not be a nuisance to persons occupying adjacent property.
(c) Persons engaged in target or trap shooting on target or trap shooting ranges
licensed by the City.
(d) Persons acting in self-defense when the use of firearms for that purpose would
not be otherwise unlawful.
Ordinance 2011-29
Page 153
(e) For the destruction of Animals, birds, or reptiles which are diseased, injured,
dangerous or causing destruction to property by persons specifically authorized to do so
by the City Manager.
(f) Persons engaged in target shooting with bows and arrows, provided that such
target shooting does not occur within 100 yards of any dwelling, place of business,
school, religious institution or other structure likely to be occupied by people measured
from the closest property line of the target range to the adjacent building. (Ord. 2009-
08, 5/12/2009)
(g) Persons engaged in the taking of Rough Fish by bow and tethered arrow
pursuant to Subsection 930.05.
930.03. Target and Trap Shooting. Subdivision 1. License Required. No person shall
either operate a target or trap shooting range, or permit target or trap shooting upon any
property or premises owned or controlled by him or her, until a license has been granted by the
Qty Council pursuant to this section. The license shall expire on December 31 of each year.
Subd. 2. Application. The license application shall include the following information:
(a) Name and address of property owner and operator of the target or trap
shooting activities;
(b) Street address and legal description of the property;
(c) Site plan showing location of shooting facilities and area in which
shooting will occur;
(d) Detailed description of proposed activities, including estimated number
of users and proposed hours of operation;
(e) The environmental audit as required by Subdivision 3 herein; and
(f) Such additional information as the City may request.
Subd. 3. Environmental Audit. An environmental audit in a form and by an entity
acceptable to the City shall be included as part of the following applications:
(a) All applications for licenses to permit activities commencing January 1,
1997 and every fifth year thereafter; and
(b) The initial license application to commence or recommence trap or target
shooting activities at a particular location, and every fifth year thereafter.
Ordinance 2011-29
Page 154
The environmental audit shall include an analysis of any existing or potential adverse
environmental impacts resulting from the shooting activity, compliance or noncompliance with
applicable federal or state regulations and techniques for minimizing adverse impacts.
Subd. 4. Conditions of Approval. Every license issued under this section is conditioned
upon the activity complying with all applicable federal and state statutes and regulations.
Additionally, the City Council may impose such other conditions as it deems appropriate to
protect the health, safety and welfare including, but not limited to, hours of operation, caliber of
rifle or other firearm to be used and conditions to mitigate or prevent existing or future adverse
environmental impacts.
Subd. 5. License Fee. The annual license fee a tar-getor- tFap sheeting ffft is fmed
by set forth in Chapter X o +vr the c'it'y- Code.
(Ord. 95-51, 11/14195)
930.05. Bow Fishing. Persons properly licensed by the State may take Rough Fish from
public and private waters by bow and tethered arrow during the months allowed under State
law from sunrise to sundown. The arrow shall be tethered by a line no more than 20 feet in
length. Any person bow fishing shall always shoot the tethered arrow directly into the water.
Fish, once taken, shall not be returned to any waters, nor shall fish of any kind be left on the
banks of any waters or any public or private property. Persons bow fishing shall not trespass
on private property. Persons shall not bow fish within 100 feet of any dwelling, place of
business, school, religious institution or other structure likely to be occupied by people.
Persons under the age of 12 shall be accompanied by a person of legal age. (Ord. 2009-08,
5/12/2009)
Sueh pefmit shall be valid until Deeember- 31 of the year- in whieh gFanted and shall be issu
upen the pa�anefA of the fee set fe-8-1 glu by Chapter- X.
$abs 3 elated Wild Anifay1g. A pefmit may alse b issued by the !Qj . Gler-k
Ordinance 2011-29
Page 155
(Section 930.09 repealed by Ordinance No. 2011-12, 5/10/2011)
930.11. Civil/Criminal Liability. Nothing in this Section shall authorize the use of any
firearms, air rifle, pellet gun, crossbow, bow, or other weapon in a manner which will endanger
any human being or property, and no license or permit granted hereunder shall in any way
relieve the person acting thereunder from civil liability for any damage resulting from such use.
Violation of Subseetior 930.01 sial bethis section is a Misdemeanor and is punishable -in
aeeefdanee v�� Seetien 2000.01 of this City . (Ord 95-49,10124195)
Section 38. Amendment. Section 940 of the City Code (Open Burning) is amended to
read as follows:
940.01. Open Burning Prohibited. Except as otherwise permitted by this Section, no
person shall start or allow any Open Burning on any property in the City without first having
obtained an Open Burn Permit. (Ord. 94-12, 7/11/94)
940.03. Conditions Appropriate for Open Burn Permit Issuance. The Open Burning
Inspector may issue a Burning Permit for any of the following conditions or reasons:
(a) Fires set for the elimination of a fire hazard which cannot be abated by any other
practical means.
(b) Fires purposely set for forest, prairie and game management purposes when no
other alternative methods are practical.
(c) The burning of trees, brush, grass and other vegetable matter in the clearing of
land, the maintenance of parks, street, roadway, highway or railroad right-of-way and in
accepted agricultural land management practices where chipping, composting,
landscaping or other alternative methods are not practical.
(d) The disposal of diseased trees generated on site, diseased or infected nursery
stock or diseased bee hives.
(e) Ground thawing for utility repair and construction.
940.05. Regulations. Subdivision 1. Prohibited Materials.
(a) No permit may be issued for the Open Burning of oils, petrol fuel, rubber,
plastics, chemically treated materials or other materials which produce excessive or
noxious smoke such as tires, railroad ties, treated, painted or glued wood, composite
shingles, tar paper, insulation, composition board, sheet rock, wiring, paint or paint
fillers.
Ordinance 2011-29
Page 156
(b) No permit shall be issued for the Open Burning of hazardous waste or salvage
operations, solid waste generated from an industrial or manufacturing process or from a
service of commercial establishment, or building materials generated from demolition
of a commercial or industrial structure, or discarded material resulting from handling,
processing, storage, preparation, serving or consumption of food.
Subd. 2. Location. The location of the burning shall not be within 600 feet of an
occupied residence other than those located on the property on which the burning is conducted,
or an adequate distance as determined by the Open Burning Inspector. Also, the location shall
not be within 50 feet of a structure or other combustible material on the property on which the
burning is conducted, or an adequate distance as determined by the Open Burning Inspector.
The burning shall be conducted as far away as practical from any highway or public road and
controlled so that a traffic hazard is not created.
Subd. 3. Wind. The prevailing wind at the time of the burning shall be away from
nearby residences and must be less than 15 miles per hour.
Subd. 4. Time. Burning is only allowed Monday through Friday between sunrise and
sunset on the permitted days allows for the burn. Fires must be broken down between the
allowed times. No fire may be allowed to smolder.
Subd. 5. Permit Period. Permit period is one week.
Subd. 6. Stumps. No stumps are allowed in the burn.
Subd. 7. Year Round Requirement. Permits are required year round.
Subd. 8. Open Burn Permit Holder Responsibility. The holder of an approved Open
Burn Permit shall be held responsible to the following:
(a) The morning of the proposed burn, notifying the Open Burning Inspector
of the proposed burn.
(b) Prior to starting an Open Burn, confirming that no burning ban or air
quality alert is in effect.
(c) Having a valid permit in possession at the burn site at all times during
the burn, available for inspection by the Police and/or Fire Department,
Department of Natural Resources (DNR) Forest/Conservation Officer, or the
Open Burning Inspector.
(d) Constant attendance by the permit holder or competent representative
during a burn event.
Ordinance 2011-29
Page 157
(e) Availability at the burn site of appropriate communication and fire
suppression equipment as required by the permit or any fire safety plan
approved by the City as part of the permit process.
(f) Completely extinguishing the Open Burn fire before the permit holder or
representative leaves the site.
(g) Incurring all costs resulting from the burn including, but not limited to,
fire suppression, administrative fees, property damage, and personal injuries.
(h) Complying with and implementing all general and special conditions
under this Section and required by the permit. (Ord. 94-12, 7/11/94)
940.07 Procedure for Open Burn Permit Issuance. The procedure for issuing an Open
Burn Permit shall be as follows:
(a) Application for a Burning Permit shall be submitted to the Inspector, on a form
prescribed by the DNR and adopted by the City, at least seven days prior to the
proposed date of the burn.
(b) The Open Burning Inspector, or-desigaee; shall review the application to insure
compliance with the provisions of this section and any applicable State laws and/or
regulations.
(c) The Open Burning Inspector, erdesignee-, shall inspect the proposed burn site on
such occasions and at such time as is deemed necessary to adequately review the
application. Submission of the application shall constitute authorization for the -Qpen
Burning Inspector; or- designee; to enter the premises for this purpose.
(d) Within seven calendar days after receipt of the application, the Open Burning
Inspector, er--designee,- shall either grant or deny the application. (Ord. 94-12, 7/11/94)
940.09 Denial of Open Burn Permit. Applications for a Burning Permit maybe denied
for any of the following reasons, which shall be set forth in writing:
(a) The proposed fire or burn site does not meet the requirements of this section.
(b) The Open Burning Inspector,-er i e , determines that there is a practical
alternative method of disposal of the material.
(c) The Open Burning Inspector; or- designee,- determines that the fire would result
in a pollution or nuisance condition.
(d) The Open Burning Inspector, of designee,- determines that the burn cannot be
safely conducted and no plan has been submitted to adequately address the safety
concerns. (Ord. 94-12, 7/11/94)
Ordinance 2011-29
Page 158
940.11. Revocation of Open Burn Permit. An officer of the DNR, the City Fire Chief, or
Open Burning Inspector may revoke any Burning Permit for appropriate reasons including, but
not limited to:
(a) A fire hazard exists or develops during the course of the burn.
(b) Pollution or nuisance conditions develop during the course of the burn.
(c) A reasonable, practical alternative method of disposal of the material exists.
(d) Any of the conditions of the permit are violated during the course of the burn.
(Ord. 94-12, 7/11/94)
940.13. Exemptions From Open Burn Permit Requirements. Subdivision 1. Trainin
Fires. Fires purposely set under the supervision of the amity Fire Department for the instruction
and training of fire fighting personnel shall be exempt from the prohibition of Section 940.01.
Subd. 2. Camp/Recreational Fires. Camp and/or Recreational Fires shall be exempt
from the prohibition of Section 940.01, subject to the following conditions being met:
(a) Camp/Recreational Fire Site Requirements: A Camp/Recreational fire
shall be located within an area of no more than three foot diameter circle
(measured from the inside of the fire ring or border), completely surrounded by
non-combustible and non -smoke or odor producing materials, either of natural
rock, cement, brick, tile or block of ferrous metal only and which area is
depressed below ground, on the ground, or on a raised bed. Permanent outdoor
wood burning fireplaces shall also meet these requirements. Camp/Recreation
Fire sites shall not be located closer than 25 feet to any structure.
(b) Camp/Recreational Fire Burn Requirements: When a
Camp/Recreational Fire is used for recreational purposes, it must comply with
the following requirements:
(i1) The Fire is ignited with approved materials.
(Q) Only clean Wood or charcoal may be burned. No burning of
trash, leaves or brush is allowed.
(4Q) Fire -extinguishing equipment, such as buckets with sand and/or
dirt, shovels or garden hoses, are readily available.
(iN 4) The fire is constantly attended by a person knowledgeable in the
use of fire extinguishing equipment and an attendant supervises the fire
until the fire has been totally extinguished.
Ordinance 2011-29
Page 159
(N 5) Respect is given to weather conditions, neighbors, burning bans,
and air quality so that nuisance, health or safety hazards will not be
created.
(c) Categories Not Included. Mobile cooking devices such as manufactured
hibachis, charcoal grills, wood smokers, and propane or natural gas devices and Burners
are not defined as Camp or Recreational Fires.
Subd. 3. DNR -Permitted Fires. Fire training and permanent burn sites with DNR
permits shall be exempt from the prohibition of Section 940.01.
940.15. Burning Ban or Air Quality Alert. No Camp/Recreational Fire or Open Burn
will be permitted when the City or DNR has officially declared a burning ban due to potential
hazardous fire conditions or when the MPCA has declared an Air Quality Alert. (Ord. 94-12,
7/11/94)
940.17. Rules Adopted by Reference. Minnesota Statutes 88.01 to 88.22, 88.75, 88.76,
as amended, and Minnesota State Fire Code, as amended, are hereby adopted by reference and
made a part of this ordinance as if fully set forth herein. (Ord. 94-12, 7/11/94; Ord. 2003-22,
7/22/2003)
940.19. Penal . Any per -se nal erson violating the provisions of this ordinance shall be
guilty of a misdemeanor and upen eei"4efien shall be punished b a afl aftwer-+
(Ord. 94-12, 7/11 /94)
Section 39. Amendment. Section 960 of the City Code (Public Peace and Safety) is
amended to read as follows:
960.01. Findings and Purpose. The purpose of this Chapter of the Code is to prohibit
certain conduct that is harmful to the health, safety, and welfare of the community and to prevent
and abate nuisance conduct, events, characteristics or conditions and their deleterious effects on
City neighborhoods by maximizing the means and methods by which public officers can
efficiently and effectively enforce the law and by imposing and collecting service call fees from
the owner or occupant, or both, of real property to which public officers are repeatedly called to
respond to nuisance violations as set forth in this Chapter of the Code. The Gi4y Council finds
that excessive noise, disruption and other public nuisance activities are injurious to the public
health, safety and welfare and interfere with the quiet enjoyment of life and property and that
excessive nuisance service calls unduly divert law enforcement resources from general crime
prevention and law enforcement. The excessive nuisance service call fee is intended as a cost
recovery mechanism for excessive law enforcement services, over and above the cost of normal
law enforcement services to the public, attributable to unabated nuisance conduct, conditions or
characteristics occurring, maintained or permitted to exist on the private property. It is not
intended to constitute punishment separate from or in addition to any criminal prosecution for the
conduct underlying the nuisance or excessive nuisance service calls. Nothing herein is meant to
limit constitutional rights under the federal or state constitution.
Ordinance 2011-29
Page 160
960.02 Definitions. When used in this Chapter, the following words, terms, and phrases
shall have the following meanings, unless the context clearly indicates otherwise:
(a) Abatement notice. Notice served upon property owner and interested party by the
City Manager ^r the Manager's desig ft of law enforcement responses to two or more
nuisance service calls within a 365 -day period on property in which they have an interest
pursuant to Section 960.03, subdivision 3, paragraph (c) of this Code.
(b) Alcoholic beverage. Any beverage containing more than one-half of one percent
alcohol by volume.
(c) Clandestine lab site. Any structure of conveyance or outdoor location occupied or
affected by conditions or chemicals typically associated with the manufacture of
methamphetamine or any other unlawful manufacture of a controlled substance.
(d) Disorderly house. Any residential property which disturbs, injures or endangers
the peace, comforts, health, welfare, safety or character of the neighborhood or
community. A residential property that has three or more verified nuisance service call
incidents as set forth in subsection (�I) of this section within a 365 -day period will be
deemed a disorderly house.
(e) False report to public officer. A report to any public officer that a violation of
Code or state law has been committed, knowing that the conduct or conditions reported
do not constitute a crime or that the report is false and intending that the public officer act
in reliance upon the report.
(f) Incident. Single behavioral incident as defined by Minnesota Statutes Section
609.035, as may be amended from time to time. In the case of property conditions or
characteristics constituting a nuisance, a single behavioral incident constitutes those
violations, the existence of which is the result of a single illegal objective or coincident
errors of judgment.
(g) Interested party. Any known lessee or tenant of the residential property or
affected portion of the residential property; any known agent of an owner, any known
management company.
(h) Nuisance incident notice. Notice served upon property owner and interested party
by the City Manager of a law enforcement response to a
nuisance service call to property in which they have an interest pursuant to Section
960.03, Subdivision 3, paragraph (a) of this Code.
Ordinance 2011-29
Page 161
(i) Nuisance service call. Public officer response to a verified incident of any
activity, conduct or condition occurring on private property that is likely to unreasonably
interfere with the quiet enjoyment of neighboring properties or the safety, health, morals,
welfare, comfort, or repose of the residents therein, including without limitation:
(1) Unlawful gathering, as defined in subsection (o) of this Section.
(2) Disorderly conduct, as defined by Minnesota Statutes Section 609.72, as
may be amended from time to time.
(3) Assault, as defined by Minnesota Statutes Sections 609.221, 609.222,
609.223, 609.223 1, and 609.224, as may be amended from time to time,
excluding domestic assaults.
(4) Public nuisance, as defined by Section 2010.0 1, Subdivision 1 of this
Code or Minnesota Statutes Sections 609.74 -.745, as may be amended from time
to time.
(5) Noise in violation of Section 2025 of this Code.
(6) Unlawful consumption of alcoholic beverages in violation of Section
2005.15 of this Code.
(7) The unlawful furnishing, sale, use, or possession of intoxicating liquor or
non -intoxicating malt liquor in violation of Minnesota law or Chapter XII of this
Code.
(8) The possession or use of gambling devices or the conduct of any gambling
in violation of Minnesota law.
(9) Prostitution in violation of Minnesota law or acts relating to prostitution,
or the conduct of unlicensed escort services, sexually oriented business or
massage or massage services, in violation of Minnesota law or Chapters 615 and
1175 of this Code.
(10) The unlawful sale, use, or possession of controlled substances as defined
in Minnesota Statutes Section 152.02, as may be amended from time to time.
(11) The unlawful sale or possession of small amounts of marijuana in
violation of Minnesota Statutes 152.027, Subd.4.
Ordinance 2011-29
Page 162
(12) The unlawful possession or use of drug paraphernalia in violation of
Minnesota Statutes 152.092.
(13) Indecent exposure in violation of Minnesota Statutes Section 617.23, as
may be amended from time to time.
(14) Unlawful use or possession of a firearm in violation of Minnesota law or
Section 930 of this Code.
(15) Failure to comply with dangerous dog requirements in violation of Section
915 of this Code or Minnesota Statutes Chapter 347.
(16) Failure to comply with animal noise regulations in violation of Section
915 of this Code.
(17) Failure to restrain a domestic animal in violation of Section 915 of this
Code.
(18) Cruelty to animals in violation of Minnesota law.
(19) Excess number of domestic animals in violation of Section 915 of this
Code.
(20) Illegal possession of a wild animal in violation of Section 915 of this
Code.
(21) Unlicensed dog in violation of Section 915 of this Code.
(22) Illegal open burning in violation of Section 940 of this Code.
(23) Illegal refuse in violation of Section 600 of this Code.
(24) Abandoned or junk vehicles in violation of Minnesota law.
(25) Illegal exterior storage in violation of Section 21105.11 ofthis-40e&the
Zoning Ordinance.
(26) Illegal parking or storage of recreational vehicles in violation of Section
21105.11 of #&4Gedethe Zoning Ordinance.
Ordinance 2011-29
Page 163
(27) Illegal parking or storage of vehicles in violation of Section 21105.11 of
tis Cedethe Zoning Ordinance.
(28) False report to public officer in violation of Section 960.03, Subdivision 2
of this Code.
(29) Rental of a dwelling unit without a license or in violation of the conditions
of licensure in violation of Section 410 of this Code.
(30) Illegal home occupation in violation of Section 21145 ofthis God the
Zoning Ordinance.
0) Private property. Any real property the legal ownership of which, as officially
recorded by Hennepin County, is held by one or more natural persons, a partnership,
including a limited partnership, a corporation, including a foreign, domestic or non-profit
corporation, a trust, or any other organization, but not including the State of Minnesota or
any of its political subdivisions, the federal government or any other governmental
agency or entity. The existence of any public easement, right-of-way or other limited
right of access on the property not, for the purpose of this Article of the Code, be deemed
to transform private property to public property.
(k) Property. Means a parcel or contiguous parcels of real property, including
buildings and other structures thereon owned by the same legal entity and under common
management. In the case of multi -unit residential or commercial property, the term shall
apply to the entire complex.
(1) Public officer. A police officer, fire marshal or inspector, community service
officer, building inspector, or code enforcement inspector, each of whom, for the
purposes of this Article, shall be considered law enforcement officers.
(m) Public place. An area generally visible to public view, including streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether
moving or not) and buildings open to the general public, including those buildings in
which food or drink is served or entertainment or lodging is provided.
(n) Residential property. Any real property containing a structure suitable for
affording shelter for human beings, including any appurtenant or connected structure,
including trailers, mobile homes, multiple family dwellings, buildings containing
multiple dwelling units, and any property situated within a residential zoning district as
defined by Chapter 21 of this God .
(o) Unlawful gathering. Any party or gathering where there is any of the following
conduct or behavior:
Ordinance 2011-29
Page 164
(1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or
3.2 percent malt liquor in violation of Minnesota law and Chapter XII of this
Code;
(2) The unlawful sale, use, or possession of controlled substances as defined
in Minnesota Statutes, Section 152.02, as may be amended from time to time;
(3) The unlawful sale, use, or possession of tobacco -related products in
violation of Minnesota law or Section 1150 of this Code;
(4) Any conduct, activity or condition constituting a violation of Minnesota
laws or this Code prohibiting or regulating prostitution, gambling, firearms,
disorderly conduct, public nuisance, or permitting a public nuisance;
(5) Any conduct or activities likely to disturb non -participating persons by:
(A) Noise of sufficient volume, or of such nature by virtue of its type,
persistence, time of day or location, to disturb; the peace, quiet, or repose
of non -participating persons nearby in the manner and according to the
standards set forth in Section 2025 of this Code;
(B) Assaultive behavior;
(C) Unlawful consumption of alcoholic beverages in violation of
Section 2005.15 of this Code;
(D) Urinating in public;
(E) Public indecency or indecent exposure in violation of Minnesota
Statutes Section 617.23, as may be amended from time to time.
(p) Verified incident. An incident where there is a law enforcement response and a
public officer, having completed a timely investigation, is able to find evidence of
nuisance conduct, conditions or characteristics as set forth in Section 960.02(1) of this
Code. It shall not be necessary that criminal charges be brought or convictions obtained
relative to the incident. Multiple offenses verified during a single response shall count as
one response for the purpose of imposing an excessive nuisance call service fee. Verified
incidents shall be attributable separately to the source of the nuisance conduct, condition
or activity, as follows:
Ordinance 2011-29
Page 165
(1) The same tenant or lessee or persons acting in conjunction with or under
the control the same tenant or lessee;
(2) The same rental unit while occupied by the same tenant or lessee or within
two or more rental units by the same tenant or lessee;
(3) The property owner or persons acting in conjunction with or under the
control of the property owner who either actively participated in the creation of
the nuisance conduct, condition or characteristic or who knew or should have
known of the ongoing nuisance conduct, condition or characteristic and failed to
take reasonable steps to abate it.
(q) Verified incident follow-up. Where there has been a prior verified incident of
property conditions or characteristics constituting a nuisance, each subsequent response
to those same conditions or characteristics initiated by the City as follow-up during a
course of remediation, shall not constitute an additional verified incident unless
additional nuisance conditions or characteristics constituting additional incidents are
found to exist.
960.03 Prohibited Conduct.
Public Nuisance Prohibited. Subdivision 1. Any person who shall knowingly commit,
cause or create a public nuisance or permits a public nuisance condition to be created or placed
upon or to remain upon any private property owned, under the control of, or occupied by that
person, or any publicly -owned property, including tax -forfeited property under public control,
shall be guilty of a misdemeanor. In addition, the City may enforce this Subsection by injunctive
action or other appropriate civil remedy.
Disorderly House and False Report To Public Officer Prohibited. Subdivision. 2. It shall
constitute a misdemeanor to do any of the following:
(a) To keep, permit or be present in a disorderly house; as defined in Section
960.02(d) of this Code;
(b) Be an owner or person in control of any residential property and to permit the
building to be used as a disorderly house; or
(c) To provide a false report to any public officer.
Excessive Nuisance Service Call. Subdivision 3.
(a) Nuisance Incident Notice. Where the City ManagerManager's
determines that public officers have been dispatched to private property on a nuisance
Ordinance 2011-29
Page 166
service call as defined in section 960.02(1) of this Code, the City Manager or-
Manager'smay issue a written nuisance incident notice to the owner of the
property, and may provide a copy thereof to any other interested parties. The nuisance
incident notice may be served upon the owner of said premises by certified mail, return
receipt requested, or by regular mail, supported by an affidavit of service by mailing, to
the address determined by the most recent property tax records maintained by Hennepin
County for said premises. The service of a nuisance incident notice, as provided herein,
shall be prima facie evidence that the owner has knowledge of and has permitted
subsequent conduct or behavior at said premises.
(b) Contents of the Notice. The nuisance incident notice shall:
(1) Identify the type and specific location of nuisance service call(s),
including tenant or lessee names where applicable;
(2) Summarize the evidence of the nuisance occurring on the property;
(3) Provide the dates on which the nuisance calls for service were made and
the dates of any prior responses by public officers to nuisance incidents on the
property; and
(4) Warn the owner, occupant and persons in control of the property that
future nuisance service calls may subject them jointly and severally to an
excessive nuisance service call fee in the amount of $250 or more, up to $2,000,
based upon the actual cost of the law enforcement response.
(c) Abatement Notice. Where the City Manager or- Manager -'s deli ne determines
that public officers have been dispatched to two or more nuisance service calls, as
defined in Section 960.02(1) and counted pursuant to Section 960.02(p -q) of this Code, to
the same property within a 365 -day period, he or she shall cause a written abatement
notice to issue to the owner of the property and interested party. The abatement notice
may be served by certified mail, return receipt requested, or by regular mail, supported by
an affidavit of service. The service of an abatement notice, as provided herein, shall be
prima facie evidence that an owner or interested party served has knowledge of and has
permitted subsequent conduct or behavior at said premises.
(d) Contents of the Abatement Notice. The Abatement Notice shall:
(1) Identify the type and specific location of nuisance service calls, including
tenant or lessee names, where applicable;
(2) Summarize the evidence of the nuisance occurring on the property;
Ordinance 2011-29
Page 167
(3) Provide the dates on which the nuisance service calls were made and the
dates of any prior responses by public officers to nuisance incidents on the
property; and
(4) Warn the owner and interested parties that future nuisance service calls
will subject them jointly and severally to an excessive nuisance service call fee in
the amount of $250 or more, based upon the actual cost of the law enforcement
response, up to $2,000, for each separate call. The costs of providing the excess
law enforcement services shall include without limitation the gross salaries,
including all fringe benefits and overhead paid to the public officers responding,
the pro rata cost of all equipment, including vehicles and K-9 officers, and the
cost of repairs to any City equipment or property damaged in responding to the
nuisance service call. The civil penalty will issue in the manner set forth in
Chapter XX of this Code and if left unpaid will be charged against the property
and collected in the manner of a tax;
(5) Advise the owner and interested parties that subsequent conduct in
violation of this Section of Code may also subject them jointly and severally to
criminal charges punishable by up to a $1,000 fine and 90 days in jail for each
separate violation.
(e) Imposition of Excessive Nuisance Service Call Fee. Property owners, tenants and
other persons having control over a property shall be jointly and severally responsible for
nuisance incidents occurring thereon and individually responsible for payment of any
Nuisance Service Call Fee issued to that party hereunder. Where an abatement notice
was properly served upon the owner and interested party as set forth in subsection (c)
hereof each successive nuisance service call within the same 365 -day period shall result
in an administrative citation to that party in the amount of $250 or more based upon the
actual cost of the law enforcement response, up to $2,000 for each separate call. The
costs of providing the excess law enforcement services shall include without limitation
the gross salaries, including all fringes, benefits and overhead paid to the public officers
responding, the pro rata cost of all equipment, including vehicles and K-9 officers, and
the cost of repairs to any City equipment or property damaged in responding to the
nuisance service call. The civil penalty will issue in the manner set forth in Chapter XX
of this Code and if left unpaid will be charged against the property and collected in the
manner of a tax.
(f) Affirmative Defenses. In the case of rental property, it shall constitute an
affirmative defense to the issuance of an Excessive Nuisance Service Call fee by
administrative citation that the property owner has commenced eviction proceedings
against the tenant or tenants responsible for the nuisance conduct, conditions or
characteristics. In the case of large public accommodations, it shall constitute an
affirmative defense to the issuance of an Excessive Nuisance Service Call fee by
administrative citation that the property owner or the owner's property manager has
Ordinance 2011-29
Page 168
entered into and complied with a memo of understanding with regard to security with the
Plymouth Police Department.
(g) Appeal. Any party issued an Excessive Nuisance Service Call fee by
administrative citation may appeal the citation by filing a written request for a hearing
with the City Manager's Office within 10 calendar days of the issuance of the citation. A
hearing shall be held within 45 calendar days.
(Ord. 2008-15, 5/27/2008)
Section 40. Amendment. Section 1005 of the City Code (Licensing Procedures) is
amended to read as follows:
1005.01. Licenses Required. It is unlawful for any person to engage in any trade,
profession, business or privilege in the City for which a license is required by any provision of
this Code without first obtaining a license from the City in the manner provided in this Section.
1005.03. Aolication. Application for a license is made to the City Clerk upon forms
provided by the City. The applicant shall state the location of the proposed activity and such
other facts as are required for or applicable to the granting of the license.
1005.05. License Fee and Term. The fees required for a license shall be paid at the office
of the City Clerk before the granting of the license. A license is issued for one year, but if the
application is made during the license year, the license shall be issued for the remainder of the
year for a pro rata fee, with any unexpired fraction of a month being counted as one month.
Except as otherwise specifically provided, the license year shall be the calendar year. No part
of the fee paid for any license shall be refunded except in the following instances upon
application to the City Clerk within 20 days from the happening of the event. There shall be
refunded a pro rata portion of the fee for the unexpired period of the license, computed on a
monthly basis, when operation of the licensed business ceases not less than one month before
expiration of the license because of:
(a) destruction or damage of the licensed premises by fire or other catastrophe;
(b) the licensee's illness or death;
(c) a change in legal status making it unlawful for the licensed business to continue.
(Ord. 95-42, 8/15/95)
1005.07. Bond and Insurance. Required bonds shall be in form satisfactory to the City
Attorney, shall be executed by two sureties, or a surety company, and be subject to the approval
of the City Manager and the �3` Council. Where policies of insurance are required, the
Ordinance 2011-29
Page 169
policies shall be approved as to substance and form by the City Attorney. Satisfactory evidence
of coverage by bond or insurance shall be filed with the City Clerk before the license is issued.
1005.09. Approval or Denial of Licenses. Where the approval of any City or state officer
or the City Council is required prior to the issuance of a license, the approval must be presented
to the City Clerk before the license is issued. No license may be approved by any City officer
or issued by the City Clerk if it appears that the conduct of the activity for which a license is
sought will be contrary to the health, safety or welfare of the public or any regulation, law or
ordinance applicable to such activity.
1005.11. License Term and Fee. The license term and fee are set forth ink Chapter X.
(Ord. 95-42, 8/15/95)
1005.13. License Certificates. License certificates shall show the date of issue, the
activity licensed and the term of the license. They shall be signed by the City Manager and
City Clerk, and be impressed with the City seal.
1005.15. Exhibition of License Certificate. A licensee shall carry hi-stheir license
certificate upon his erseethemselves at all times when engaged in the activity for which the
license was granted. Where the licensed activity is conducted at a fixed place of business or
establishment, the certificate shall be exhibited at all times in some conspicuous place on the
premises. The licensee shall present the license certificate when applying for a renewal and
upon demand of any police officer or authorized representative of the City.
1005.17. Transfer of License. Unless otherwise provided in this Code, no license shall be
transferable without the authorization of the City Council.
1005.19. Renewal of License. License renewals are issued in the same manner and
subject to the same conditions as original licenses.
1005.21. Revocation, Denial Susyension. A license issued or to be issued by the City may
be denied, suspended or revoked by the City Council for any of the following causes:
(a) Fraud, misrepresentation, or incorrect statement contained in the application for
license, or made in carrying on the licensed activity.
(b) Conviction of any crime, or misdemeanor, pertaining to license held or applied
for, subject to the provisions of Minnesota Statutes, Chapter 364, as amended.
(c) Conducting such licensed activity in such manner as to constitute a breach of the
peace, or a menace to the health, safety and welfare of the public, or a disturbance of the
peace or comfort of the residents of the City, upon recommendation of the City health
authorities or other appropriate City official.
Ordinance 2011-29
Page 170
(d) Expiration or cancellation of any required bond or insurance, or failure to notify
the City within a reasonable time of changes in the terms of the insurance or the
carriers.
(e) Actions unauthorized or beyond the scope of the license granted.
(f) Violation of any regulation or provision of this Code applicable to the activity
for which the license has been granted, or any regulation or law of the state so
applicable.
(g) Failure to continuously comply with all conditions required as precedent to the
approval of the license.
1005.23. Hearing. No license may be suspended or revoked, or an administrative fine
levied on the licensee, until after a hearing is granted to the licensee. Such hearing to be held
before the Qty Council upon due notice to the licensee stating the time and place of such
hearing, together with a statement of the violation alleged to be the cause for the revocation or
suspension of the license. (Ord. 96-4, 2/21/96)
1005.25. Temporary Suspensions. The City Council may temporarily suspend a license
pending a hearing on revocation or suspension when in its judgment the public health, safety
and welfare is endangered by the continuance of the licensed activity.
1005.27. Inspections. The City health authorities and other appropriate City officials may
enter upon the premises where any licensed activity is being conducted for the purpose of
inspection at any reasonable hour.
Section 41. Amendment. Section 1010 of the City Code (License Fees) is amended to
read as follows:
1010.01. Fees. Subdivision 1. Fees Set. The fees for the various licenses required by this
Code are set forth in this subsection under the headings listed for subdivisions 2 through 812.
jMe of License
Subd. 2. Amusements and Entertainments
Amusements
Bingo
(Ord. 98-39, 11118/98, Ord. 2000-36, 1211912000)
Subd. 3. (Repealed, Ord. No. 80-06, Sec. 1)
Section
Requiring
License Fee-Sehedule
1100 $150
1105 $250 Investigation fee
$5 each occasion
Ordinance 2011-29
Page 171
Subd. 4. Health and Sanitation
Garbage and Refuse Haulers 600 $125 1 st vehicle plus
$25 each additional
vehicle
Sea zye ge s 61-5 0
(Ord. 98-39, 11/18/98; Ord. 2005-35, 11/29/2005; Ord. 2007-23, 10/09/2007)
Subd. 5. Liquor
(a) Liquor 1200
On -Sale
$8,240
Off -Sale
$380
Club
$300
Wine
$2,000
Liquor - Sunday
$200
Investigation Fee
if conducted within the State of Minnesota
$500
if required outside the State of Minnesota, the
charge shall be the actual costs not to exceed
$10,000
Operating Manager when done alone
$50
(Ord. 98-2, 1/07/98; Ord. 98-39, 11/18/98; Ord. 2007-23, 10/09/2007)
(b) Consumption and Display 1206
Regular
$300
Non-profit
$150
(c) Beer: 1210
On -Sale
$500
Off -Sale
$100
Temporary
$50
(Ord. 2000-29, 8/08/2000; Ord. 2001-08, 2/27/2001; Ord. 2005-35, 11/29/2005; Ord. 2009-16,
10/13/2009)
Subd. 6. Motor Vehicles
Motor Bike Rentals 1120 $150
Taxicabs 1145
(a) Each Cab $60
(b) Each Operator $25
(c) Transfer of Cab License $15
(Ord. 94-20, 11/0 7194; Ord. 98-39, 11118198; Ord. 2007-23, 10/09/2007)
Subd. 7. Miscellaneous.
(a) Kennel License $75 with no prorating
of license fee
(b) Multiple Animal License $50 for first applications
with inspection
Ordinance 2011-29
Page 172
(c) Late License Penalty
(d) Impound fees
$15 for general renewals
with no inspection
$12
Administrative Fine plus
actual boarding costs
Administrative Fines:
I" offense $33 (plus boarding)
2nd offense $66 (plus boarding)
3`d offense $99 (plus boarding)
4d' offense and each additional $150 (plus boarding)
(e) Dangerous Dog License $500
(Ord. 98-24, 7/22/98; Ord. 2003-21, 7/22/2003; Ord. 2005-03, 2/08/2005; Ord. 2007-23,
10/09/2007, Ord. 2009-18,1111012009; Ord. 2010-03, 4/1312010)
Peddlers 1140 $10/day
Trap Shooting Range
Tobacco and Related Products
Fireworks, Selling Fireworks Only
Fireworks, Other Vendors
(Ord. 2002-20, 5128/2002; Ord. 2003-21, 7/22/2003;
10/13/2009; Ord. 2010-03, 4/1312010)
$30/week
$60/month
$300/six months
930 $110
1150 $300
1110 $350
1110 $100
Ord. 2005-35, 11/29/2005; Ord. 2009-16,
Sign Contractor Zoning Ge&Ordinance $75
(Appendix 1)
Tfansiet##Mer-e + 1140 $35 per- event
Motorized Golf Cart Operator 1305 $25
(Ord. 94-24, 12105/94; Ord. 95-52, 12105195; Ord. 98-39, 11/18/98, Ord. 2003-21, 7/2212003;
Ord. 2005-35, 11 /2912005)
Massage Therapist License 1135 $150 investigation fee
$75 annual certification
fee
Massage Therapy Center License $300 investigation fee
$25 licensing fee
Sexually Oriented Business - Primary
On premises uses $5,000 annual license fee
Off premises uses $1,000 annual license fee
Investigation fee Actual costs, not to exceed $3,000
Sexually Oriented Business - Accessory No license fee
Subd. 8. (This section was deleted by Ordinance No. 2004-31).
Subd.9. Pawnbroker.
Ordinance 2011-29
Page 173
(a) Pawnbroker License Fee $8,000
Investigation Fee
If conducted within the state of Minnesota $500
If conducted outside the state of Minnesota,
actual costs not to exceed $10,000
Manager/New Manager, when done alone $50
Billable Transaction Fee
Electronic billable transaction fee $1.50
Manual billable transaction fee $2.50
(Ord. 2002-11, 3/12/2002)
Subd.10. Rental Dwellings.
Fee Schedule
(a) One Family Dwelling $50
(b) Two Family Dwelling
(c) Condominium Dwelling Unit
(d) Three Family Dwelling
(e) Four Family Dwelling
(f) Five or More Family Dwelling
$75
$50
$100
$125
$100 per Complex plus $6 per Rental Unit
(g) Reinspection Fee $40 per Inspection
(Ord. 95-13, 2/21/95; Ord. 98-39, 11/18/98, Ord. 2005-31, 11/29/2005)
Subd. 12. Gambling Investigation Fee. $250. (Ord. 2004-12, 7/2712004)
1010.03. Penalty for Late PayMent of License Fees. Subdivision 1. No Penalty. No penalty
for the late payment of any license shall be incurred by any licensee provided the owner or his
Ordinance 2011-29
Page 174
agent makes application for the renewal of his existing license to the City Clerk and includes
therein the payment of the required fee therefor prior to the expiration date of said license.
Subd. 2. Penalty for Late Payment. Every person whose licensed trade, business,
profession, activity or privilege is licensed by the City, other than one who has been closed
down or who has not operated such activity in the City after the expiration of the licensing year,
shall pay to the City Clerk the regular license fee and in addition thereto the following penalty
for late application for a renewal license.
(a) One to 14 days late, a 10 percent penalty, but not less than $10.
(b) 15 to 30 days late, a 25 percent penalty, but not less than $15.
(c) After expiration of 30 days from the due date, the activity for which a license is
required shall cease and no new license or permit for such activity shall be
considered until the owner of the business personally appears before the Qty
Council. If the new license or permit is approved, the fee shall consist of the
amount set forth for new licenses and permits, plus the late penalty fee that was not
paid for the old license.
Subd. 3. Late Payment of the License Fee with Penalty no Bar to Prosecution for
Operating Without a License. The late payment of the license fee together with the penalty set
forth herein is no bar to a prosecution by the City for operating any licensed trade, business,
profession, activity, or privilege within the City without a license therefore.
(Ord. 98-39, 11 /18/98)
Section 42. Amendment. Section 1015 of the City Code (Permit Procedures and Fees) is
amended to read as follows:
1015.01. Permits Required. It is unlawful to conduct any activity in the City for which a
permit is required by any provision of this Code without first obtaining the permit from the City
in the manner provided in this Section.
1015.03. Application for Permit. Application for a permit is made to the City Manager on
forms furnished by the City. The application shall contain information as to location, nature,
extent and costs of the proposed structure, work, installation, activity, or other purpose, and
other information which the Building Official or other duly authorized persons may require
under this Code. The application shall contain a declaration that the facts and representations
therein made are true and correct, which statement shall be subscribed to by the person or
persons, or officers or agents of a corporation, applying for the permit. (Ord. 2003-22,
7/22/2003)
1015.05. Granting of Permits. Upon payment to the City by the applicant of the required fee
for any permit, and upon approval of theBuilding Official, the permit
Ordinance 2011-29
Page 175
shall be issued, except where City Council approval is required, in which case the apprepr4ate
effreefBuilding Official may issue the permit only after approval is granted by the amity
Council.
1015.07. Payment of Fees. Subdivision 1. Payment. The permit fee and other fees and
charges set forth in this Code shall be collected by the City before the issuance of any permit,
except invoiced permits. and tThe City Glefk,Building Official,
o..mit for- ,,.i,; ,,, ,i, " . oof ., fee ; required ,nae,. the pr-e-,isi ns e f this r a o may
not issue a permit until the fee has been paid.
Subd. 2. Double Fees. If a person begins work of any kind for which a permit from the
City is required without having secured the necessary permit therefore, either previous to or on
the date of commencement of such work, he or she shall, when subsequently securing such
permit, pay double the fee provided for the permit, and is subject to the penalty provisions of
this Code. (Ord. 2003-22, 7/22/2003)
Subd. 3. Refunds. Application fees may not be refunded unless the application is
withdrawn prior to its referral to the Planning Commission by the Citiy r'o,v or the Qty
Council. All refunds are subject to a 20% service charge.
Subd. 4. Refund of Permit Fees. The City may refund fees for building, plumbing,
mechanical, electrical, fire protection, fire alarm, sewer/water, grading, moving, sign and hood
and duct cleaning permits on which no work has been done and no inspections have been made.
Requests for refunds must be in writing, signed by the permit holder, and submitted within one
year of permit issuance. The Building Official must approve each refund, and the City shall
retain 20% of the permit fee. Plan check fees are not refundable. (Ord. 2007-06, 2/13/2007)
Subd. 5. Plan Review Fees. The required plan review fees set forth in this chapter for
building, fire protection, fire alarm, and electrical permits will be charged on all projects for
which plans are submitted. (Ord. 2007-06, 2/13/2007)
1015.09. Permit Fees. The fees and charges for the various permits required by this Code are
set forth in this Subsection.
1015.11. General Rule. Subdivision 1. Building, Fire Protection, Fire Alarm System
Permit and Plan Review Fees. Building, fire protection, and fire alarm system permit and plan
review fees are those set forth in Subdivision 2.
Subd. 2. Fees.
(a) Plan Review Fees. Plan review fees required by this Section shall be:
65% of the permit fee set forth in subparagraph (b) below. (Ord. 2003-22, 7/22/2003;
Ord. 2004-31, 11/23/2004)
Ordinance 2011-29
Page 176
25% of the permit fee for similar plans built from a master plan. The Building Official
shall determine whether the plan is substantially similar to the master plan. For building permits,
similar plans built from a master plan shall be in accordance with the provisions set forth in the
Minnesota State Building Code (Ord. 2003-22, 7/2212003; Ord. 2004-31, 11/23/2004)
(b) Permit Fees. The following schedule of permit fees shall remain effective until
revoked by action of the Gity Council.
Total Valuation Fee
$1 to $500 x$40
$501 to $2,000 $M 40 for the first $500 plus" 2.25 for each additional
$100 or fraction thereof, to and including $2,000.
$2,001 to $25,000 $73.75 for the first $2,000 plus $14.75 each additional
$1,000 or fraction thereof, to and including $25,000.
$25,001 to $50,000 $413 for the first $25,000 plus $10.75 for each additional
$1,000 or fraction thereof, to and including $50,000.
$50,001 to $100,000 $681.75 for the first $50,000 plus $7.50 for each additional
$1,000 or fraction thereof, to and including $100,000.
$100,001 to $500,000 $1,056.75 for the first $100,000 plus $6 for each additional
$1,000 or fraction thereof, to and including $500,000.
$500,001 to $1,000,000 $3,456.75 for the first $500,000 plus $5 for each additional
$1,000 or fraction thereof, to and including $1,000,000.
$1,000,001 and up $5,956.75 for the first $1,000,000 plus $4 for each additional
$1,000 or fraction thereof.
Other Inspections and Fees:
1. Inspections outside of normal business hours M 60 per hour*
(minimum charge - two hours)
2. Reinspection fees assessed W$60 per hour* for each
Inspection or reinspection when such portion of work
for which inspection is called is not complete or when
corrections called for are not made. Reinspection fees
may be assessed when the inspection record card is not
posted or otherwise available on the work site, the
approved plans are not readily available to the inspector
for failure to provide access on the date for which
Ordinance 2011-29
Page 177
inspection is requested, or for deviating from plans
requiring the approval of the Building Official.
3. Inspections for which no fee is specifically indicated W$60 per hour*
(minimum charge - one-half hour)
4. Additional plan review required by changes, additions W$60 per hour*
or revisions to plans (minimum charge - one-half hour)
5. For use of outside consultants for plan checking and Actual costs**
inspections, or both
* Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall
include supervision, overhead, equipment, hourly wages and fringe benefits of the
employees involved.
** Actual costs include administrative and overhead costs.
(Ord. 95-34, 6/06/95; Ord. 95-35, 06/06/95; Ord. 98-39, 11/18/98; Ord. 2003-22, 7/22/2003;
Ord. 2004-31, 11/23/2004)
1015.13. Plumbing Permit Fees. For the installation of any interior sanitary sewer systems, water
systems, or repair or alterations of any interior sanitary sewer systems or water systems, and all
plumbing systems. The fees are as follows:
(a) 2% of Job Cost, X48$45 minimum
(b) Lawn Sprinkling System X48 45
(Ord. 98-7, 3/18/97; Ord. 98-39, 11/18/98; Ord. 2003-22, 7/22/2003; Ord. 2005-35,
11129/2005;Ord. 2009-01, 1/13/2009)
1015.15. (Repealed, Ord. No. 79-4, Sec. 1)
1015.17. Heating, Air Conditioning, Ventilation, and Refrigeration Fees.
(a) For the installation of any central heating and/or air conditioning system, the fee
shall be 1.5% of the estimated cost. The minimum fee shall be $100 for any such
central system.
(b) For additional alterations or repairs to any central system, the permit fee shall be
1.5% of the estimated cost. The minimum permit fee shall be $48$45.
(c) For each appliance or piece of equipment regulated by the Code, but not classed in
other appliance categories or for which no other fee is listed in this Code, the fee
shall be 1.5% of the estimated cost. The minimum permit fee shall be -$40$A5.
(Ord. 94-20,11107194; Ord. 98-39,11118198; Ord. 2005-25,1112912005)
Ordinance 2011-29
Page 178
1015.19. Water and Sanitary Sewer Permit Fees. Water and sanitary sewer permit fees are as
follows:
(a) Residential Water Connection or
Disconnection
(b) Commercical Water Connection or
Disconnection
(c) Residential Sewer Connection or
Disconnection
(d) Commercial/Industrial Sewer Connection
or Disconnection
(e) Alteration or Repair of any Private
Underground Sewer or Water System
(f) Commercial/Industrial Plan Review Fee
for Inspection of Private Underground
Utility Installation (when submittal
documents are required)
(g) Water turn -off -/turn -on Charge
(1) Scheduled during regular business
hours
(2) Unscheduled during regular
business hours
(3) Outside regular business hours
(h) Curb box adjustment:
Residential
Commercial
(i) Industrial, Commercial, Public and
Institutional Property Private Fire
Hydrant Inspection Fee
(j) Reinspection Fee
(k) Violation of Water Sprinkling Ban
(1) City Sewer Connection Charge (REC)
(m) City Water Connection Charge (REC)
(n) City Water Area Charge
(o) City Sewer Area Charge
$40 plus cost of meter
1% of Job Cost, $40 minimum plus
cost of meter
$40
1 % of Job Cost, $40 minimum
1% of Job Cost, $40 minimum
$100
$40
$80
$160
$35
$70
$35 per year each
$15
$100 for each day of violation
of Section 720:41720.37
$415 per unit
$1,064 per unit
$3,659 per acre
$986 per acre
(Ord. 94-20, 11/07/94; Ord. 96-32, 12/18/96, Ord. 98-7, 3/18/98, Ord. 99-27, 11/02/99; Ord.
2005-35, 11/29/2005; Ord. 2007-27, 11/13/2007; Ord. 2009-01, 12/13/2009; Ord. 2011-02,
1/25/2011)
1015.421. Electrical Permit, Plan Review, and Inspection Fees. Electrical permit procedures
and fees are as follows. It shall be unlawful for any person to perform work subject to the Building
Code for which a permit is required without first obtaining a permit therefore from the City; such
permits shall be issued by the City only to persons licensed as electrical contractors by the State and
Ordinance 2011-29
Page 179
registered as such with the City, or to persons making application to do any such work wholly
within a residence owned and occupied by the applicant, or who owns and will occupy the structure
as a residence upon completions of construction, to whom the permit is to be issued and who shall
be charged the following as permit fees:
(a) Residential Permits (One and Two -Family Dwellings)
(1) Complete wiring on new construction $125 per unit
(2) Upgraded electrical services and sub -panels $39$40
(3) Wiring of additions, remodeling and rewiring $40 1s'Room + $7
each additional room
(4) Minor work only (furnace wiring, saver switches, M40
garages, air conditioning, etc.)
(b) Multi -Family Permits
(1) Complete wiring on new construction $50 per unit for first
12 units, $30 per unit
thereafter
(2) Additions, remodeling and rewiring
Permit based on job cost as follows:
$0-$50,000 2.5% of value ($40
minimum fee)
$50,001 and over $1,250 for first
$50,000 plus .0075%
of remaining balance
(c) Non Residential Permits
(1)
Permit based on job cost as follows:
$0450,000 $50,000
2.5% of value ($40
minimum fee)
$50,001 and over
$1,250 for first
$50,000 plus .0075%
of remaining balance
(d) Other
(1)
Temporary service during construction
$30 (0-100 amps)
$50 (100+ amps)
(2)
Elevators and/or moving stairs
$25 per unit
(3)
Swimming pools and hot tubs
$50 each
(4)
Alarm system (120 volts only)
$40
(5)
Sign wiring
$30 per sign
(6)
Lighting fixture retrofit/replacement
$20 + $.50 per fixture
(7)
Exterior pole/building lighting
$30 + $1 per fixture
(8)
Additional inspections
$39150 each
(9)
Plan Check Fees
.0015% of the job cost
when value of work
exceeds $50,000
Ordinance 2011-29
Page 180
(Ord. 2006-15, 6/27/2006)
1015.23. Grading Permit Fees.
Total Cubic Yards
50 cubic yards or less
51 to 100 cubic yards
101 to 1,000 cubic yards
1,001 to 10,000 cubic yards
10,001 to 100,000 cubic yards
100,001 cubic yards or more
Fee
$M5 35
W 49
$N 49 for the first 100 cubic yard
plus $18.5A$23.50 for each
additional 100 cubic yards or
fraction thereof
$205.501260.50 for the first 1,000
cubic yards plus $! S.5 D 20.50 for
each additional 1,000 cubic yards
or fraction thereof
&34-5$415 for the first 10,000 cubic
yards plus $=70 75 for each
additional 10,000 cubic yards or
fraction thereof
$974 1 120 for the first 100,000
cubic yards plus $38.5$43.75 for
each additional 10,000 cubic yards
or fraction thereof
Ordinance 2011-29
Page 181
1. Inspection outside of normal business
hours
2. Reinspection fees assessed for each
inspection or reinspection when such
portion of work for which inspection is
called is not complete or when
corrections called for are not made.
Reinspection fees may be assessed
when the inspection record card is not
posted or otherwise available on the
work site, the approved plans are not
readily available to the inspector, for
failure to provide access on the date for
which inspection is requested, or for
deviating from plans requiring the
approval of the Building Official.
W$60 per hour
W$60 per hour
W$60 per hour or the total hourly
3. Inspections for which no fee is cost to the City, whichever is the
specifically indicated (minimum charge greatest
— one-half hour)
GRADING PLAN REVIEW FEES
Total Cubic Yards
50 cubic yards or less
51 to 100 cubic yards
101 to 1,000 cubic yards
1,001 to 10,000 cubic yards
10,001 to 100,000 cubic yards
100,001 cubic yards or more
Fee
No fee
W 35
$9 49
$55$62.25
$52.25162.25 for the first 10,000
cubic yards plus $2b 31 for each
additional 10,000 cubic yards or
fraction thereof
$286..2-S 341.25 for the first 100,000
cubic yardsplus $44 19 for each
additional 10,000 cubic yards or
fraction thereof
Ordinance 2011-29
Page 182
200,001 cubic yards or more
$426.241531.25 for the first 200,000
cubic yards, plus X5$12.75 for
each additional 10,000 cubic yards
1. Additional plan review required by $58$60*
changes, additions or revisions to
approved plans (minimum charge —
one-half hour)
*Or the total hourly cost to the City,
whichever is greatest. This cost shall
include supervisors, overhead,
equipment, hourly wages, and fringe
benefits of the employees involved.
(Ord. 94-20, 11/07194; Ord. 95-21, 4/04195; Ord. 96-31, 12/11/96, Ord. 96-32, 12118/96; Ord.
98-7, 3118197, Ord. 98-39, 11/18198; Ord. 2003-22, 7/11/2003; Ord. 2004-31, 11/2312004; Ord.
2005-35, 11/29/2005; Ord. 2006-03, 1/10/06; Ord. 2006-15, 6127/2006, Ord. 2007-06,
02113/2007, Ord. 2008-01, 1/08/2008; Ord. 2009-19, 11/24/2009; Ord. 2011-12, 5/1012011)
1015.25. (Section deleted by Ordinance No. 2004-31, 11/23/2004)
1015.327. Subdivision 1. Right-of-way Permit Procedures and Fees.
Registration Fee
$140
Excavation Permit Hole
$160
Excavation Permit Hole New Development
$80
Trench Base
$125
(plus $.40 per lineal foot over 100 feet) or
(plus $.20 per lineal foot over 100 feet
new development)
Obstruction Permit Fee
$40
Permit Extension Fee
$30
Delay Penalty ($10 additional for each day
after three days)
$60
(Ord. 2004-20, 9/1312004)
Ordinance 2011-29
Page 183
1015.2429. Other Permit Fees and Charges. The fes and ehafgas for- ethef arAilifies,
Tjype of Permit or Charge Fee or Charge
On Pf $5,000 fieense fe
Ai 1r- $ nnn l l -- - - fee
In-vesfigafien
-
In-ve8fgatien fe nett eest t d $3,000
SewageDisposal Systems in4e $1 n lead minimi
Munieipal SarAtafy Sewer- System
Over -weight Ve1 ele $20 P
Duplicate Inspection Record Cards $4
Fireworks Display $200
Grave Opening Fee at Parkers Lake $300
Cemetery
Hood and Duct Cleaning SSA 75
Moving Fee $150 per building
Return Check Fee $30
Signs Requiring Permits $25 ~ eveFy 32 squffe fi of and finetie
96 sq. ft: Up to 32 square feet in size $50;
33 square feet to 64 square fet in size $70•
65 square feet to 96 square feet in size $90•
over 96 square feet $110
Street Excavation $30
Tanks Containing Flammable or $75 per tank
Combustible Liquid or Gas (installation
modification, removal, or abandonment
or any under or above ground tank)
(Ord. 98-7, 3/18/98; Ord. 2003-22 7/22/2003)
Tents, Cannopies, and_Temporary $50 each
Membrane Structures
(Ord. 2009-19, 1112412009; Ord. 2010-03, 4/13/2010)
Ordinance 2011-29
Page 184
1015.31. Zoning and Subdivision Fees: Special Provisions. Subdivision 1. Scope and
Application. This Subsection applies to applications made pursuant to Chapter 5 (Subdivision
Regulations) and Chapter 21 (Zoning Ordinance) of this Code.
Subd. 2. Fees.
(a)
(b)
(c)
(d)
(e)
M
(g)
(h)
Administrative Permit Fee — for
SpeciaUTemp. Outdoor Events:
Administrative Permit Fee — Other
Comprehensive Plan Amendment
Fee:
Conditional Use Permit Fee:
(New or Amendment)
Environmental Review Fee:
(EAW, EIS, and AUAR)
Home Occupation License Fee:
Interim Use Permit Fee:
Natural Preserve Fee:
(i) Planned Unit Developmeent Fees:
--PUD General Plan:
--PUD Amendment to existing
1- or 2 -family PUDs:
--PUD Amendment (excludes 1 -or
$50
$50 for residential uses,
$100 for all other uses
$200, plus $1,500 cash escrow*
(Applicant must also pay separately for
entire coset of traffic study, if required)
$400 for residential uses,
$500 for all other uses,
$35 for renewals
(Applicant must also pay separately for
entire cost of traffic study, if required)
$200, plus $4,000 cash escrow*
(Applicant must also pay separately for
entire cost of traffic study, if required)
$100 for new applications,
$35 for renewals
$400 for residential uses,
$500 for all other uses,
$35 for renewals
$75 for 1- and 2 -family lots,
$150 for all other lots
$300, plus $3,000 cash escrow*
$200
2 -family PUDs): $300, plus $3,000 cash escrow*
--PUD Final Plan: $150
--Minor Plan Modification: $100
(j) Platting Fees:
--Preliminary Plat ---3 lots or fewer:
--Preliminary Plat ---4 or more lots:
--Final Plat ---3 lots or fewer:
--Final Plat ---4 or more lots:
(k) Pre -Application Sketch Review Fee:
(1) Site Plan Fees:
--Major (new or amendment):
--Minor (new or amendment):
--Plan Modification:
$300, plus $2,000 cash escrow*
$300, plus $5,000 cash escrow*
$200, plus $2,000 cash escrow*
$300, plus $5,000 cash escrow*
$200, plus $2,000 cash escrow*
$200, plus $3,000 cash escrow*
$200
$100
Ordinance 2011-29
Page 185
(m)
Vacation Fee:
$450, plus $110 per new easement required
(Rights -of -Way or Easements)
to be recorded.
Encroachment Fee
$300
(n)
Variance Fees:
--Noise Variance:
$50 if for 3 days or fewer,
$100 if for 4 days or more
--Subdivision Code Variance:
$150
--Zoning Ordinance Variance:
$200 for 1- and 2 -family lots,
$300 for all other lots
(o)
Wetland Review Fees:
--Delineation Report:
$100
--Reclassification Request:
$100
--Wetland Replacement Plan:
$300, plus $2,000 cash escrow*
(p)
Zoning Amendment Fees:
--Map Amendment (Rezoning)
$700
--Text Amendment:
$300
*When multiple applications are applied for at the same time, the City collects one cash escrow
in the amount of the largest escrow required for the overall proposal (e.g., a proposal that
includes both a comprehensive plan amendment and a PUD general plan would require one
cash escrow in the amount of $3,000).
(Ord. 96-32, 12118/96; Ord. 98-39, 11/18/98; Ord. 2003-18, 6110/2003; Ord. 2004-03,
0111312004; Ord. 2005-35,1112912005; Ord. 2007-06, 2/13/2007; Ord. 2009-08, 511212009;
Ord. 2010-02, 2/23/2010; Ord. 2010-21, 11/2312010)
Subd. 3. Zoning Letter Fee. A $50 fee will be charged for zoning letters affecting
adjoining parcels in a single project and multiple fees will be charged for requests affecting
individual parcels in separate projects. (Ord. 2007-06, 211312007)
Subd. 4. Proposed Development and Land Use Action Announcement Sieh Fees. A
base fee of $165 will be charged for the installation and removal by the City of signs
announcing proposed developments and land use actions as required by Section 21022.01 of
the Zoning Ordinance. This fee shall be in addition to the established planning application fee
set forth in Subd. 2. The base fee will cover the cost of the installation of one development
sign. For each additional sign required, an additional $50 fee shall be paid.
(Ord. 98-39, 11118/98, Ord. 2003-18, 6110/2003)
Subd. 5. Cash Fee Payment in Lieu of Land Dedication. Undeveloped land value shall
be used to determine the cash payment required in lieu of land dedication up to a maximum
cash payment of $6,500 per dwelling unit for residential development or $8,000 per acre for
commercial/industrial development or schools. (Ord. 2004-33, 1211412004; Ord. 2005-36,
11/2912005; Ord. 2006-19, 612712006, Ord. 2007-03,112312007; Ord. 2007-06, 2/13/2007;
Ord. 2008-02, 112212008)
1015.2033. Utility Fees. Sanitary Sewer, water, storm water utility fees are as follows:
Ordinance 2011-29
Page 186
(a) Sewer Utility fees:
(1) Base Fee. A charge of $4.94 per month shall be made to every sanitary
sewer account to defray administrative costs, billing costs, and other fixed costs
of the City. (Ord. 2002-31, 11-26-2002; Ord. 2004-27, 1110912004; Ord. 2005-
32, 1112912005; Ord. 2007-06, 211312007, Ord. 2007-31, 1211112007; Ord.
2008-29, 1210912008; Ord. 2009-20, 1210812009)
(2) Volume Charge. A charge of $2.90 per one thousand gallons of sewage
discharged into the City's sanitary sewer system shall be made to each sanitary
sewer account except for qualified senior citizens for whom a charge of $2.60
per one thousand gallons will apply. For purposes of this section, an individual
must meet the following criteria for the qualified senior citizen discount to
apply: (1) the individual must be 62 years of age or older; (2) the property must
be homesteaded; and (3) the individual's name must appear on the bill. Seniors
in a multi -unit building will also be eligible for a senior discount if the bylaws,
or other governing documents for the building, require that at least one
tenant/owner in each unit be at least 62 years of age. For residential customers,
the volume of such sewage discharge shall be based upon the actual amount of
water consumed during the appropriate two month billing, in the period of
December through February. For non-residential customers, the volume of such
sewer discharge shall be based upon the actual water consumed by the account
each month. Alternatively, non-residential customers may have their volumes of
sewer discharge based on actual sewage flows or calculated sewage flows if
sewer usage or sewer deduct meters are installed. In instances where there is no
metered water service to an account or the account history is inadequate, the
volume of sewer usage shall be that used for similar classes of property similarly
situated. Alternatively, residential customers who desire to have the volume of
sewer discharge based on average winter water usage may install a water meter
to meter their well water usage. (Ord. 96-27, 11/20/96; Ord. 97-6, 4116197,
Ord. 98-15, 5106198, Ord. 2002-31, 1112612002; Ord. 2003-08, 312512003; Ord.
2004-27, 1110912004; Ord. 2005-32, 1112912005; Ord. 2007-06, 211312007; Ord.
2007-07, 3127/2007; Ord. 2007-31, 1211112007, Ord. 2008-29, 1210912008, Ord.
2009-20,1210812009)
(3) Amount Due After Due Date. An amount equal to 10% of the unpaid
current month service charges and an amount equal to 10% of the unpaid current
bi-monthly service charges shall be added to each account which is not paid by
the due date as specified by the Finance DepaFtm Division. (Ord. 94-25,
12119194)
(b) Water Rates: The rate due and payable to the City by each water user within the
City for water taken from the water supply system shall be as follows:
Ordinance 2011-29
Page 187
(1) Base Fee. A charge of $3.37 per month shall be made to every water
account. This charge defrays administrative and billing costs of the City as well
as the State water connection surcharge. (Ord. 2004-26, 11/09/2004; Ord. 2005-
34, 11/29/2005; Ord. 2007-06, 2/13/2007; Ord. 2007-31, 12/11/2007; Ord.
2008-29, 12/09/2008; Ord. 2009-20, 12/08/2009)
(2) Volume Charge -Commercial, Industrial Public and Institutional A
charge of $1.45 per one thousand gallons of water used shall be made to each
water account. In those instances where there is no adequate water meter history,
the measure of usage shall be that used for similar classes of property similarly
situated. (Ord. 96-27, 11/20/96; Ord. 99-28, 11/02/99; Ord. 2004-26,
11/09/2004; Ord. 2005-34,1112912005; Ord. 2007-06, 2/13/2007; Ord. 2007-31,
1211112007, Ord. 2008-29,1210912008)
Volume Charge -Residential. A charge of $1.22 per one thousand gallons of
water for the first 12,500 gallons used, $1.53 per one thousand gallons of water
for 12,501 to 35,000 gallons used, and $2.63 per one thousand gallons of water
for over 35,000 gallons used for a two month billing period, shall be made to
each residential water account. In those instances where there is no adequate
water meter history, the measure of usage shall be that used for similar classes of
property similarly situated. (Ord. 99-28, 11/02/99; Ord. 2004-26, 11/09/2004;
Ord. 2005-34, 11/29/2005; Ord. 2007-06, 2/13/2007; Ord. 2007-31, 12/11/2007;
Ord. 2008-29, 12/09/2008; Ord. 2009-20, 12108/2009)
Volume Charge -Separately Metered Commercial, Industrial, Public and
Institutional Irrigation. A charge of $1.81 per one thousand gallons of waters
shall be made to each separately metered commercial, industrial, public and
institutional irrigation account. In those instances where there is no adequate
water meter history, the measure of usage shall be that used for similar classes of
property similarly situated. (Ord. 2009-20, 12/08/2009)
Volume Charge -Separately Metered Residential Irrigation._A charge of $1.53
per one thousand gallons of water for the first 35,000 gallons used per housing
unit served, and $2.63 per one thousand gallons of water for over 35,000 gallons
per housing unit served for a two month billing period, shall be made to each
separately metered residential irrigation account. In those instances where there
is no adequate water meter history, the measure of usage shall be that used for
similar classes of property similarly situated. (Ord. 2000-02, 2/01/2000; Ord.
2004-26, 11/09/2004; Ord. 2005-34, 11/29/2005; Ord. 2007-06, 2/13/2007, Ord.
2007-31, 12/11/2007; Ord. 2008-29, 12/09/2008, Ord. 2009-20, 12/08/2009)
(3) Demand Charge. The following monthly charge shall be made to every
Commercial, Industrial, Public and Institutional water account to reflect the
water demand the establishment can place upon the system.
Meter Size Charge
Ordinance 2011-29
Page 188
1-1/2" $41.91
2" $62.87
311 $130.98
4" $209.58
6" and over $419.16
(Ord. 99-28,11102199; Ord. 2004-26,1110912004; Ord. 2005-34,1112912005; Ord. 2007-06,
2/13/2007; Ord. 2007-31, 12/11/2007; Ord. 2008-29, 12/0912008; Ord. 2009-20, 12/08/2009)
(4) Stopped or 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.
(5) Amount Due After Due Date. An amount equal to 10% of the unpaid
current month service charges and an amount equal to 10% of the unpaid current
bi-monthly service charges shall be added to each account which is not paid by
the due date as specified by the Finance Dep—aFt-me—i-tDivision. (Ord. 94-25,
12/19/94)
(6) Water Availability Charge. A water availability charge at the rate of
$1.94 per month is due and payable by the owner of each lot or parcel of land
which has municipal water service available if such lot or parcel is not
connected to the municipal water system; provided, this charge is not due if
there is no building or other structure on such lot or parcel. (Ord. 2004-26,
11/09/2004; Ord. 2005-34, 11/29/2005; Ord. 2007-06, 2/13/2007; Ord. 2008-
29, 12/0912008; Ord. 2009-20, 12/0812009)
(c) Storm Water Utility Rate:
The storm water utility rate is $5 per month and shall be charged to all parcels not
listed as exempt in Section 725.08. (Ord. 2004-22, 9128/2004; Ord. 2005-33, 11/29/2005; Ord.
2007-06, 2/13/2007; Ord. 2007-31, 12/1112007, Ord. 2008-29, 12/09/2008)
Section 43. Amendment. Section 1016 of the City Code (Park Facilities Fees) is
amended to read as follows:
1016.01. Fees are established for rental of park facilities.
Subd. 1. Bass Lake Shelter.
(a) Non-profit Plymouth groups, i.e., homeowner associations, boy scouts/girl scouts,
etc. may use the facility at no charge, but must pay a $200 building deposit.
(b) Private Plymouth parties will be charged a rental rate of $32/hour (plus sales tax)
and a $200 building deposit. The minimum rental period is one hour. The
Ordinance 2011-29
Page 189
building deposit will be returned within two weeks of the event if no deductions
are necessary and the key has been returned.
(c) Non-residents will be charged a rental rate of $55/hour (plus sales tax) and a $200
building deposit. The minimum rental period is one hour. The building deposit
will be returned within two weeks of the event if no deductions are necessary and
the key has been returned.
(Ord. 2007-23, 10/09/2007, Ord. 2009-03, 2/1012009)
Subd. 2. Canoe Racks. Plymouth residents may apply for a rental space at either Parkers
Lake or Medicine Lake (available at the East Beach), beginning April 15. Non-residents may
apply after April 25. Spaces will be available for use May 1 through October 15 for a fee of $45
for residents and $65 for non-residents. Renters must provide their own locks and must accept
all responsibility for vandalism or loss. Canoes still on racks after October 15 may be
impounded. A minimum service charge of $50 will be required for owners to reclaim their
watercraft. Further, in order to provide protected storage space, such impoundment will include
a minimum fee of $10 per month for each month following impoundment. (Ord. 2009-03,
2110/2009; Ord. 2011-01, 1/11/2011)
Subd. 3. Dock Permits. Dock permits shall be issued on an annual basis and shall expire
on December 31 of every year. The annual permit fee is $25.
Subd. 34. Hilde Performance Center.
The rental season for this facility is April 15 through October 15, weather permitting.
Non -
Sales tax
Plymouth
Plymouth
Plymouth
applies to all fees
Non -Profit
Groups
Groups
Groups
Sunday—Thursday
Per hour rental including on-site
city event supervisor (8:00 am—
$95/hour
$130/hour
$155/hour
10:00 pm)
2 hour minimum
Friday, Saturday & Holiday
Per hour rental including on-site
city event supervisor (8:00 am—
$105/hour
$155/hour
$180/hour
11:00 pm) - 2 hour minimum
Facility Sound System
To be operated and monitored by
rental group
$15/hour
$15/hour
$20/hour
Ordinance 2011-29
Page 190
Rental Deposit:
To be applied to use fee. If event is
cancelled by rental group, deposit
$100
$100
$100
will be retained as a cancellation
fee.
Damage/Cleaning Deposit:
To be refunded within 2 weeks after
the event if no problems incur.
$200
$200
$300
Additional fees for excess damage
may be assessed.
Subd. 45. Plymouth Ice Center.
(a) Winter Time (Sept. -March) $180 per hour (includes $5 surcharge)
(b) Summer Time (April -August) $165 per hour (includes $5 surcharge
Rentals need to be made five days in advance to facilitate staffing, and the Wayzata and
Robbinsdale School Districts would not be charged the $5 per hour surcharge.
(Ord. 2007-23, 10/0912007, Ord. 2009-03, 2/10/2009)
Subd. §6. Millennium Garden.
(a) $355 plus tax for Plymouth Residents and Plymouth Non -Profit Groups
(b) $410 plus tax for Plymouth Corporations
(c) $475 plus tax for Non -Residents
(Ord. 2007-20, 7/24/2007; Ord. 2009-10, 6/2312009; Ord. 2010-09, 7113/2010)
Subd. 67. Park Facilities.
(a) Softball/baseball fields, hockey rinks
(b) Football/soccer fields
(c) Outdoor courts
(d) Field lights
(e) Rink lights
(f) Rink attendant
(Ord. 2007-23, 10/09/2007, Ord. 2009-03, 2/10/2009)
Subd. -78. Parkers Lake Stage.
(a) Resident:
$38 per hour individual/non-profit
$48 per hour/for-profit
$22/hour or $93/day
$28/hour or $121/day
$7/hour per court
$28/hour
$17/hour
$14/hour
Ordinance 2011-29
Page 191
(b) Non -Resident
$65 per hour individual/non-profit
$85 per hour/for-profit
(Ord. 2007-23, 10/09/2007; Ord. 2011-01, 1/11/2011)
Subd. 99. Parkers Lake North Picnic Shelter.
(a) Residents
Half -Day $70
Full -Day $120
(b) Non -Residents
Half -Day $90
Full -Day $155
(Ord. 2007-23,1010912007; Ord. 2009-03, 2/10/2009)
Subd. 910. Parkers Lake Pavilion Multi -Purpose Room.
(a) Plymouth non-profit groups will be charged a rental fee of $47 per hour and a
$200 building deposit, with a 2 -hour minimum (to avoid paying sales tax, a copy
of tax exempt certificate must be provided).
(b) All other Plymouth groups will be charged a rental fee of $60 per hour, plus sales
tax, and a $200 building deposit, with a 2 -hour minimum.*
(c) Non-resident groups will be charged $78 per hour, plus sales tax, and a $200
building deposit, with a 2 -hour minimum.*
(d) School district groups will be charged a rental fee of $15 per hour and a $200
building deposit, with a two hour minimum (to avoid paying sales tax, a copy of
tax exempt certificate must be provided).
(Ord. 2007-23,1010912007; Ord. 2009-03, 2/10/2009)
Subd. 4-011. Plymouth Creek Center Fieldhouse.
(a) Prime Time
Plymouth Residents
$264/hr. full field*
$132/hr. half field**
Monday -Friday: 6:00 p.m. -10:30 p.m.
Saturdays, Sundays and Holidays: 7:30 a.m.-10:30 p.m.
Ordinance 2011-29
Page 192
Non -Residents
$284/hr. full field*
$142/hr. half field**
(Ord. 2007-20, 7/24/2007, Ord. 2009-10, 6/23/2009)
(b) Non -Prime Time
Plymouth Residents
$226/hr. full field*
$113/hr. half field**
Non -Residents
$246/hr. full field*
$123/hr. half field**
*Full field is 60 yards x 100 yards
**Half field is 45 yards x 60 yards
(Ord. 2007-20, 7/24/2007; Ord. 2009-10, 6123/2009)
Subd. 4-112. Plymouth Creek Center Fieldhouse Open Play.
$2 per child for Plymouth Residents
$3 per child for Non -Residents
(Ord. 2009-10, 6/23/2009)
Subd. 4-213. Plymouth Creek Center.
Plymouth Resident
Non
Plymouth
& Non -Profit Groups
Resident
Corporation
(a) Full Plymouth Room
Mon.-Thurs. (6 hrs.)
$390
$
645
$ 515
Friday (6 hrs.)
$725
$
970
$1,030
Sat. & Holidays
$940
$1,255
$1,140
Sunday (6 hrs.)
$510
$
810
$ 695
Additional Hours
$ 70
$
125
$ 95
(b) Half Plymouth Room and Black Box Theater
Hourly (2 hr. min.)
$ 75
$
100
$ 90
Additional Hours
$ 35
$
60
$ 45
(c) Quarter Plymouth Room and Fireside Room
Hourly (2 hr. min.)
$ 50
$
75
$ 60
4-6 Hours
$200
$
300
$ 240
Ordinance 2011-29
Page 193
(d) Meeting Rooms 1 and 2
Hourly (2 hr.min.) $ 30 $ 50 $ 40
6 Hours $150 $ 250 $ 200
Note: Sales tax will be added to the above rates.
*For room rentals, if the center is not otherwise open for City activities, an additional charge of
$15/hour for a building supervisor will be charged.
*Non-profit Plymouth civic groups are allowed one meeting per month in either Meeting Room
1 or 2 for up to two hours rent free, but are subject to building supervisor fees ($15/hr.). If a
larger room is needed, resident fees apply.
(Ord. 2007-20, 7/24/2007; Ord. 2007-23, 10/0912007; Ord. 2009-10, 6/23/2009, Ord. 2010-07,
7/13/2010; Ord. 2011-17, 6/28/2011)
(e) Other Charges
Overhead Projector:
Plymouth Room:
Piano
Flip Chart
TV & VCR
Wireless Microphone
Slide Projector
Portable LCD Projector
$10/day
$100/day (includes LCD projector, screen,
of three TV/VCR monitors)
$25/day
$10/day
$15/day
$50/day
$20/day
$100/day
VCR/DVD use and
(Ord. 2007-06, 2/13/2007; Ord. 2009-10, 6/2312009; Ord. 2010-07, 7/13/2010)
*State sales tax will be added to all rates contained in Section 1016 and a $100 building deposit
to all facilities unless otherwise noted. (Ord. 2007-23, 10/09/2007)
Section 44. Amendment. Section 1017 of the City Code (Providing Information to the
Public and Other Miscellaneous Fees) is amended to read as follows:
1017.01. Fees. The following fees are hereby established for- providing ififefmafien to th
pubhe:
Type of Fee Fee
(-a)Zoning Ordinance $10
(b)Zoning Ordinance Dis D $5
Zoning Map $5
Ordinance 2011-29
Page 194
(d)Zoning Ordinance or City Code
annual revision service
$15
(,e)City Code (complete code book
with tab dividers)
$50
(f)Comprehensive Plan Book (2 vol. set)
$100
(g)Wetland Map
$5
(h)Land Use Guide Plan Map
$5
(i)Wetland Buffer Sign
$3.75
(j )'h Section Map and Plans/Plats 24 x 36
$.50
Partial Plans
$.75
(k)Large Plans/Maps 36 x 40
$1
(1)11 x 17.5 Section Plat Book
$20
(017x22 Street Maps
$.25
(0)22x34 Street Maps
$.50
36x90 Street Map
$1
(e)Aerial Maps
$10
(p)Topography Maps
$5/acre
(q)Colored copies
$1 /copy
(r)List of All Property Owners
or- Dog in the City:
Printout
$30
Electronic Media
$1
Labels
$160
(s)Partial List of Property Owners in City:
Printout
$15
Electronic Media
$1
Labels
$80
(t)Electronic media of Engineering Guidelines
$20
(e)Electronic Media Actual cost
(v)List of commercial utility accounts:
Printout
$5
Labels
12
Electronic Media
$1
(w)Videotapes/Audiotapes:
$20 our tape; $15 their tape
(*)Agendas, minutes, and current staff reports for C4Y Council and all boards and
commissions are free. For other items not listed above, the first 50 copies are free
and $x.25 per page thereafter.
rInstallation 6fpassenger- es'r seats
(z) FzagvFp6atin -
(ut'k) Week4 listing of aeeidents
S20
-
$ t !1 peFsea
C Saw-ee,i. e
(Ord. 2007-06, 2/13/2007)
Section 45. Addition. Section 1018 of the City Code (Police and Fire Fees) is hereby
added to the City Code:
Ordinance 2011-29
Page 195
1017.01. Fees. The following Police and Fire fees are hereby established:
Passenger Car Seats Prices vary
Installation of Passenger Car Seats $20
Bike Helmets $10, $12, or $14 based on model
Fingerprinting $10/person
Weekly Listing of Accidents $.50/accident
Carbon Monoxide Detectors $34
Section 46. Amendment. Section 1110 of the City Code (Fireworks) is amended to read
as follows:
1110.01 Sale of Fireworks. It is unlawful to sell fireworks in the City efPl�meet in
violation of Minnesota Statutes 624.20 through 624.25, inclusive, which are adopted by reference.
"Legal fireworks" as defined in this Section may, however, be sold upon issuance of a license
issued by the City.
1110.03 Definition. For the purposes of this Section "legal fireworks" is defined to mean:
Wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams or less of chemical
mixture per tube or a total of 200- grams or less for multiple tubes, snakes and glow
worms, smoke devices, or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each consisting of not more than
twenty-five hundredths grains of explosive mixture.
1110.05 Application. The application for a license shall contain the following information:
name, address, and telephone number of applicant; the address of the location where fireworks will
be sold; the type of legal fireworks to be sold; the estimated quantity of legal fireworks that will be
stored on the licensed premises; and, information sufficient to demonstrate compliance with
National Fire Protection Association (NFPA) Standard 1124, or to prove that the premises will be
exempted from that standard.
1110.07 Processing Application. The application must be filed with the City Clerk together
with the license fee. Following an inspection of the premises proposed to be licensed, the City
Manager or- his4ier-designee shall issue the license if the conditions for license approval are satisfied
and the location is properly zoned. If the City Manager er- �AsAhef designee -denies the license
application, the applicant may, within 10 days, appeal the decision to the City Council.
1110.09 Conditions of License. The license shall be issued subject to the following
conditions:
(a) The license is non -transferable, either to a different person or location.
Ordinance 2011-29
Page 196
(b) The license must be publicly displayed on the licensed premises.
(c) The premises are subject to inspection by City employees including police officers
during normal business hours.
(d) The sale of legal fireworks must be allowed by the zoning ordinance and must
comply with all zoning ordinance requirements including signs.
(e) The premises must be in compliance with the State Building Code, State Fire Code,
and NFPA Standard 1124.
1110.11 License Period and License Fee. Licenses shall be issued for a calendar year. The
license fee is established set forth in Chapter X f the pl i ,,ut City � License fees shall not
vrcn ivsscrr cam:. -c-..
be prorated.
1110.13 Revocation of License. Following written notice and an opportunity for a hearing,
the City Manager erhis %er-designee may revoke a license for violation of this Section or state law
concerning the sale, use or possession of fireworks. If a license is revoked, neither the applicant nor
the licensed premises may obtain a license for 12 months. If the City Manager or- hiAer de 1
revokes a license, the license holder may within 10 days appeal the decision to the GAY Council.
(Ord. 2002-20, 05/28/2002; Ord. 2003-21, 07/22/2003)
1110.15 Permit for display of fireworks. A permit authorized by Minnesota Statutes Section
624.22 for the supervised display of fireworks shall not be issued to allow the display of fireworks
Sunday through Thursday after 8:00 p.m. from the day following Labor Day through June 1.
Notification Requirements. All properties within 5,000 feet of the property where
the fireworks will be displayed shall be notified by mail no later then 10 days from the date of the
display. Proof shall be provided as part of the permit process.
Exemptions. Fireworks displays done as part of a City of Plymouth function shall
be exempt from this Ordinance.
(Ord. 2008-05, 03/11/2008)
Section 47. Repeal. Section 1115 of the City Code (Gasoline Service Stations) is hereby
repealed:
Wis.oi. Lieense Require,]. Subdi-Asion . Geneg4 R ul N shall engage in the
business of epemfiag a Gasoline Ser-viee Station within the its ef the City VAthout
heense t iere€eFe.
SArpheation. The appheatien for- a heense shall state the name ef the app!
Ordinance 2011-29
Page 197
Section 48. Repeal. Section 1130 of the City Code (Motor Vehicle Junk Yards) is hereby
repealed:
mmrr nm
I
ORION.
..
•
Section 48. Repeal. Section 1130 of the City Code (Motor Vehicle Junk Yards) is hereby
repealed:
mmrr nm
Er
Ordinance 2011-29
Page 198
Section 49. Amendment. Section 1135 of the City Code (Massage Therapy) is amended
to read as follows:
1135.01. Definitions. Subdivision 1. The term "Certificate" for purpose of this Section,
means a certificate issued by the City authorizing the holder thereof to practice massage in the
City.
1135.03. Exempt Persons. The practice of massage therapy is hereby declared to be
distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or
podiatry. Persons duly licensed in this state to practice medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry, nurses or persons performing therapeutic massages
who work solely under the direction of such persons, athletic directors and trainers, certified by
an accrediting agency and who are employed by an accredited and licensed educational
institution shall be exempt from the provisions of this Section. (Ord. 95-21, 4104/95)
1135.05. Illegal to Practice Without Certificate. It shall be a misdemeanor for a person to
engage in, or hold himself or herself out as being engaged in, the practice of Massage Therapy in
this City without first having obtained a Certificate as provided in this Section, unless said
person is exempt under Section 1135.03. (Ord. 95-21, 4/04/95)
1135.06. Types of Certificates. The City of Plymouth issues certificates to an individual
for massage therapy. The requirements for this certification are specified in Section 1135.07.
(Ord. 95-21, 4/04/95)
1135.07. Application for Certificate. Subdivision 1. Contents. Application for a
Certificate shall be made on forms provided by the City Manager. The application shall contain
the following information together with any other information which the City Manager may
require:
PHI
Section 49. Amendment. Section 1135 of the City Code (Massage Therapy) is amended
to read as follows:
1135.01. Definitions. Subdivision 1. The term "Certificate" for purpose of this Section,
means a certificate issued by the City authorizing the holder thereof to practice massage in the
City.
1135.03. Exempt Persons. The practice of massage therapy is hereby declared to be
distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or
podiatry. Persons duly licensed in this state to practice medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry, nurses or persons performing therapeutic massages
who work solely under the direction of such persons, athletic directors and trainers, certified by
an accrediting agency and who are employed by an accredited and licensed educational
institution shall be exempt from the provisions of this Section. (Ord. 95-21, 4104/95)
1135.05. Illegal to Practice Without Certificate. It shall be a misdemeanor for a person to
engage in, or hold himself or herself out as being engaged in, the practice of Massage Therapy in
this City without first having obtained a Certificate as provided in this Section, unless said
person is exempt under Section 1135.03. (Ord. 95-21, 4/04/95)
1135.06. Types of Certificates. The City of Plymouth issues certificates to an individual
for massage therapy. The requirements for this certification are specified in Section 1135.07.
(Ord. 95-21, 4/04/95)
1135.07. Application for Certificate. Subdivision 1. Contents. Application for a
Certificate shall be made on forms provided by the City Manager. The application shall contain
the following information together with any other information which the City Manager may
require:
Ordinance 2011-29
Page 199
(a) The name, age, home address of the applicant, and the address of where the
applicant will practice massage therapy.
(b) Evidence of applicant's practical qualifications to practice massage therapy,
including length of experience in massage therapy and past place of employment, dates of
employment, and positions held.
(c) The names and addresses of two persons, residents of Hennepin County, who may
be referred to as to the applicant's character.
(d) Whether the applicant has ever been convicted of a crime or offense other than a
traffic offense and if so, information as to the time, place, and nature of such crime or
offense.
(e) Evidence of the applicant's educational qualifications, including originals or
certified copies of degrees, diplomas or curriculum from a bona fide school of massage
therapy, for massage therapy certification. The address and phone number of the bona
fide school of massage therapy are required.
Massage Therapy Certificates. Applicants shall be required to provide proof (1)
they graduated with a minimum of 500 hours training from a bona fide massage
therapy school or (2) show proof that the applicant has successfully passed the
National Certification Examination for Therapeutic Massage and Bodywork and
can prove by affidavit they have practiced massage therapy for the past one year
and have not had any criminal convictions as a result of practicing massage
therapy. A temporary one year certificate shall be granted, in order to allow time
to complete educational requirements while practicing, to those persons who have
a minimum of 250 hours of training from an accredited massage therapy school;
have not had any criminal convictions as a result of practicing Massage; and
otherwise meet the requirements listed in Sections (a), (b), (c), and (d) of this
Subdivision. An individual with a temporary one year certificate shall work
directly under the supervision of a fully licensed massage therapist. This
temporary certificate is not renewable. (Ord. 95-21, 4/04195; Ord. 97-29,
11/19/97)
(f) Within 90 days of the adoption of the ordinance adopting this Subdivision,
applicants also may receive a massage therapy certificate by satisfying either of the
following requirements: (i) show proof that the applicant has practiced massage therapy
for a minimum of one year, and can prove by affidavit they have not had criminal
convictions as a result of practicing massage therapy, and otherwise meeting the
requirements listed in Sections (a), (b), (c), and (d) of this Subdivision; (ii) show proof
that the applicant has successfully passed the National Certification Examination for
Therapeutic Massage and Bodywork within the last four years, and otherwise meeting the
requirements listed in Sections (a), (b), (c), and (d) of this Subdivision. (Ord. 95-21,
4/04/95)
Ordinance 2011-29
Page 200
Subd. 2. Review by Other Departments. At City Manager'sManager's
discretion, the application may be referred to the Police Department for review and
recommendation on granting or denying the Certificate. (Ord. 95-21, 4/04195; Ord. 2001-08,
2/27/2001)
Subd. 3. Investigation Fee. Each application shall be accompanied by payment of a non-
refundable investigation fee set forth in Chapter X. (Ord. 95-21, 4/04/95)
1135.09. Certificate Fee and Certificate Year Renewal. The annual Certificate fee shall be
as set forth in Chapter X. A Certificate, unless revoked, is for the calendar year, or part thereof
for which it has been issued. A renewal application shall be provided by the City. (Ord. 95-21,
4104/95)
1135.11. Granting, or Denial of Certificate. Certificate applications shall be reviewed by
the Police Department and such other departments as the City Manager shall deem necessary.
Thereafter Certificates shall be issued or denied by the City Manager ^r City ,►, ange..!s designee
subject to the provisions of this Section. The applicant may appeal a denial by the City Manager
er City Manager's designee to the C4y Council in accordance with Section 1135.17. (Ord. 95-
21, 4/04/95; Ord. 2001-08, 212712001)
1135.13. Conditions Governing Issuance.
(a) Certificates may be issued only to persons of good repute.
(b) Certificates may be issued only to persons free of convictions of prostitution or
offenses which involve moral turpitude or which relate directly to the persons ability,
capacity, or fitness to perform the duties and discharge the responsibility of the
occupation.
(c) Certificates shall not be issued to a person who, within one year prior to the date
of application, has been denied certification or who has had a certificate revoked.
(d) Certificates may be issued only to persons who have answered fully all of the
information requested in the application and have paid the full investigation and
certification fees. (Ord. 95-21, 4/04/95)
(e) Certificates may be issued only to persons 18 years of age or older.
(f) Certificates may be issued only to persons with sufficient practical experience or
training to perform the duties and discharge the responsibilities of the occupation.
(g) Certificates may be issued only to persons who have professional liability
insurance, with policy limits as required by the City, for a term no shorter than the
Certificate period. (Ord. 95-21, 4/04/95) (Ord. 97-30, 11/19/97)
Ordinance 2011-29
Page 201
1135.15. Restrictions and Regulations. Subdivision 1. Display of Certificates. Any
certified Massage Therapist shall have the Certificate or a true copy thereof displayed in a
prominent place at the place massage therapy is practiced. (Ord. 95-21, 4/04195)
Subd. 2. Identification. Upon demand by any police officer, a certified Massage
Therapist practicing massage therapy shall give proper identification including true legal name
and correct address. (Ord. 95-21, 4104/95)
Subd. 3. Change of Address. A certified Massage Therapist shall inform the City
Manager of any change in residence address, or a change in the address of where massage
therapy is practiced, 30 days prior to such change. (Ord. 95-21, 4/04/95)
Subd. 4. Hours. No certified Massage Therapist shall perform such service between the
hours of 1:00 o'elea.m. and 6:00 Weleek a.m. on the same day. (Ord. 95-21, 4/04/95)
Subd. 5. Photographic Identification. Every certified Massage Therapist shall appear
personally at the Police Department to receive delivery of the Certificate, and upon such
appearance shall be photographed for identification purposes. One copy of the photograph shall
be permanently affixed to the Certificate and a second copy shall be kept in the files of the Police
Department. (Ord. 95-21, 4/04/95)
Subd. 6. Location of Practice. Massage may be practiced only by a certified Massage
Therapist and only at the following locations: at a Massage Therapy Center licensed pursuant to
Section 615 of this code; at the place of residence of the Massage Therapist; or at an office,
business, or institution, excluding hotel and motel guest rooms, and dwellings. (Ord. 95-21,
4104/95; Ord. 2006-03, 0111012006, Ord. 2007-01, 1 /09/2007)
Subd. 7. Massage Therapy Purpose. Massage therapy may be practiced only for the
purposes of physical fitness, relaxation, therapeutic or other purpose set forth in Section 105.091,
Subd. 37. The practice of massage therapy for any other purpose is prohibited. (Ord. 95-21,
4/04/95)
1135.17. Revocation and Suspension of Certificate. Subdivision 1. Grounds. A Certificate
may be revoked or suspended or not renewed by the City Manager for any of the following:
(a) Fraud, deception or misrepresentation in connection with the securing of
certification.
(b) Habitual drunkenness or intemperance in the use of drugs including but not
limited to the use of drugs defined in either 26 USC Sec. 4731 or Minnesota Statutes,
Chapter 152, as amended, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine,
Dexedrine, or other sedatives, depressants, stimulants or tranquilizers.
(c) Conduct inimical to the interests of the public health, safety, welfare or morals.
Ordinance 2011-29
Page 202
(d) Engaging in conduct involving or demonstrating moral turpitude, including, but
not limited to, prostitution. (Ord. 95-21, 4/04/95)
(e) Failure to comply with the requirements of this Section. (Ord. 95-21, 4104/95)
Subd. 2. Appeal. The Certificate holder may appeal a denial, suspension, revocation or
non -renewal to the City Council. The City Council shall consider the appeal at the next regularly
or specially scheduled City Council meeting 10 days after service of the notice of appeal upon
the City Clerk by the Certificate holder. Hearing on the appeal shall be open to the public and
the Certificate holder shall have the right to appear and be represented by legal counsel and to
offer evidence in behalf of certification. At the conclusion of the hearing, or as soon thereafter as
practicable, the City Council may order:
(a) That the denial, revocation, suspension or non -renewal by the City Manager be
affirmed. (Ord. 95-21, 4/04/95)
(b) That the denial, revocation, suspension or non -renewal by the City Manager be
lifted and that the Certificate be issued or returned to the Certificate holder. (Ord. 95-21,
4104195)
(c) The City Council may base its order regarding the Certificate upon any additional
terms, conditions and stipulations which it may, in its discretion, impose.
1135.19. Certificate Required for Emplo Hent. No employer shall employ a person to
practice Massage Therapy unless that person has been granted a Certificate pursuant to this
Section; and every such employer shall require that the Certificate be prominently displayed on
the business premises. (Ord. 95-21, 4104/95)
1135.21. Offenses. Any person who commits or attempts to commit, conspires to commit,
or aids or abets in the commission of, any act constituting a violation of this Section, whether
individually or in connection with one or more other persons or as principal, agent, or accessory,
is guilty of a misdemeanor. Every person who falsely, fraudulently, forcibly or willfully induces,
causes, coerces, requires, permits or directs another to violate any of the provisions of this
Section is guilty of a misdemeanor.
Section 50. Amendment. Section 1140 of the City Code (Solicitors and Peddlers) is
amended to read as follows:
1140.01. License Required. No Peddler or Solicitor shall sell or offer for sale any goods,
wares, or merchandise within the City unless a license therefor shall first be secured as provided
in this Section. The non-refundable license fee is set b-yforth in Chapter X. Any Peddler or
Solicitor dealing with merchandise of any kind to be delivered to customers in Minnesota
directly from points outside of Minnesota shall be exempt from the payment of the license fee.
Ordinance 2011-29
Page 203
1140.03. Conditions Governing License. Application shall be made with the City Clerk of
the City at least five days prior to the date when the activity to be carried on it to commence.
Persons applying must file with the City Clerk an accurate sworn statement in writing, on a form
furnished by the City Clerk, giving the following information:
(a) Name and physical description of the applicant;
(b) Complete home and local address of the applicant and, in the ease ef tEmsi
-the local address from which proposed sales will be made;
(c) A brief description of the nature of the business and the product or services
involved;
(d) If employed, the name and address of the employer, together with credentials
therefrom, establishing the exact relationship;
(e) The dates and hours of the day during which the activity will be carried on;
(f) The source of supply of any goods or property proposed to be sold or orders taken
for the sale thereof, where such goods or products are located at the time said registration
is filed and the proposed method of delivery;
(g) A statement as to whether or not the applicant has been convicted of any crime,
or misdemeanor or violation of any municipal ordinance of any municipality other than
traffic violations, the nature of the offense and the punishment or penalty assessed
therefor;
(h) The last municipalities, not to exceed five, where the applicant carried on business
immediately preceding the date of the application and the address from which such
business was conducted in those municipalities;
1140.05. Exemptions. This Section does not apply to persons engaged in the following
activities:
(a) Selling personal property at wholesale to dealers in such articles;
(b) Selling newspaper subscriptions;
(c) Soliciting money, donations, or financial assistance for an organization that is
religious, political, nonprofit, or educational in nature; or taking orders for goods sold by
a political, religious, educational, or nonprofit organization, or selling or distributing
literature or merchandise for which a fee is charged or solicited on behalf of such an
organization;
(d) Calling upon householders in connection with a regular route service for the sale
and delivery of perishable daily necessities of life such as bakery products and dairy
Ordinance 2011-29
Page 204
products; this exception does not relieve such person of the duty of compliance with any
other applicable provision of this Code;
(e) sCalling upon householders at the request of said householders.
(Ord. 2010-22, 12/14/2010)
1140.07. Proof of License. Upon receipt of a complete application, the City Clerk shall
transmit the same to the Chief e€ Police Chief for approval. Every license shall bear the written
approval of the Chief of Police Chief. Within five days after such approval, the City Clerk shall
provide the applicant with a written certificate showing proof of licensing. Such proof of
licensing shall have one copy of the registrant's photograph attached to the same, and shall be
exhibited by the licensee upon request of any police officer or of any person in the City who is
being contacted by the licensee in pursuance of the licensee's activity.
1140.09. License Non -transferable. No license is transferable from one individual to
another. Each individual shall be separately licensed where more than one individual is involved
in the same type of activity even though associated with the same organization.
1140.10. Persons working for or assisting licensee. The licensee shall also supply the
information required in Section 1140.03 of this article for all persons working for or assisting the
licensee and pay the fee for each person.
1140.11. Identification. All solicitors and peddlers must wear some type of indentification
conspicuously showing their name and the organization for which they are soliciting or peddling,
must carry their City issued license certificate when conducting the business or activity required
to be licensed under this chapter, and must wear or display on their outermost clothing the
certificate of licensure provided by the City.
1140.12. Licensure Control. The certificate of licensure issued by the City is the property
of the City e€Pk}m, and must be returned to the City within seven days after the expiration
date of the license. Failure to do so may result in prosecution and will result in the denial of any
future license application for 12 months.
1140.13. Practices Prohibited. No Peddler,, ! r Solicitor of Tfaasiei# MeFeh shall
conduct business in any of the following manners:
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 such a way as to create a threat to the
health, safety, or welfare of any individual or the general public;
C. Entering upon any residential premises for the purpose of carrying
on the licensee's or registrant's trade or business between the hours of 8:00
Ordinance 2011-29
Page 205
p.m. and 9:00 a.m. of the following day, unless such person has been
expressly inivited to do so by the owner or occupant thereof.
D. Calliin attention to his business or to his merchandise, by crying
out, by blowing a horn, by ringing a bell, or by any loud or unusual noise
in areas zoned for residential use.
E. No Peddler,—or Solicitor, shall harass,
intimidate, abuse, or threaten a person or continue to offer merchandise for
sale to any person after being told not to do so by that person.
F. Walkigg on or about any side or rear yard to attempt to make
contact at any point other than the main point of entrance or front door of
the residence.
(Ord. 2010-22, 12/14/2010)
1140.14. Duration of License. Each license shall be valid only for the period that has been
applied for per Chapter X. "-day of
Deeember- of the ye--- it. is gmated.
1140.15. Exclusion of Peddlers and Solicitors. Any person who wishes to exclude Peddlers
or Solicitors from premises occupied by him may place upon or near the usual entrance to such
premises a printed placard or sign bearing the following notice:
"Peddlers and Solicitors Prohibited"
Such placard shall be at least 3 3/4 inches long and 3 3/4 inches wide and the printing thereon
shall not be smaller than 48 point type. No Peddler or Solicitor shall enter in or upon any
premises or attempt to enter in or upon any premises where such placard or sign is placed and
maintained notwithstanding the fact that he may have obtained a solicitation certificate or
solicitation credentials, as the case may be, under the provisions of this Section. No person other
than the person occupying such premises shall remove, injure or deface such placard or sign.
1140.17. Suspension and Revocation.
A. Any license may be temporarily suspended by the City Manager or
revoked by the Council for a violation of any of the following:
1. Fraud, misrepresentation, or incorrect statements on the application
form;
2. Fraud, misrepresentation, or false statements made during the course of
the license activity;
Ordinance 2011-29
Page 206
3. Conviction of any offense for which granting of a license could have
been denied under this chapter;
4. Violation of any provision of this chapter; or
5. Conducting the business in an unlawful manner or in such a manner as
to constitute a breach of the peace or to constitute a menace to the health, safety, or general
welfare of the public.
B. Notice. Prior to revoking or suspending any license issued under this
chapter, the City shall provide the license holder with written notice of the alleged violation(s)
and inform the licensee of the licensee's right to a hearing on the alleged violation. Notice shall
be delivered in person or by mail to the permanent residential address listed on the license
application, or if no residential address is listed, the business address provide on the license
application.
C. Hearing. Upon receiving the notice provided in subsection B of this
section, the licensee shall have the right to request a hearing. If no request for a hearing is
received by the City within 10 days following the service of the notice, the City may proceed
with the suspension or revocation. For the purpose of mailed notices, service shall be considered
complete as of the date the notice is placed in the mail. If a hearing is requested within the
required time, a hearing shall be scheduled within 20 days from the date of the request. The
pPolice eChief or- the ehie f's designe shall be the hearing officer and shall render a decision.
The decision of the chief is final unless the licensee within five days appeals the decision to the
City Council.
D. Emergency. If, in the discretion of the ehie€ of pelieePolice Chief or- th
eWefee, imminent harm to the health or safety of the public may occur because of the
actions of a peddler or solicitor licensed under this chapter, the ehief of pelieePolice Chief may
immediately suspend the peron's license and provide notice of the right to hold a subsequent
public hearing as prescribed in subsection B of this section.
E. Anneals. Any person who license is suspended or revoked under this
section shall have the right to appeal that decision in court.
1140.19. Compliance with Zoning. Transient Produce Merchants
shall comply with provisions of the Plymouth Zoning EedeOrdinance. Compliance with the
Zoning eOrdinance location, information, and plan requirements shall be verified in writing by
the Dir-eeter e€ Community Development Director.
(Ord. 2003-32, 11 /10/2003)
Section 51. Amendment. Section 1145 of the City Code (Taxicabs) is amended to read
as follows:
Ordinance 2011-29
Page 207
1145.01. Definitions. Subdivision 1. For purposes of this Section, the terms defined in this
Subsection have the meanings given them.
Subd. 1. "Street" means any street, alley, avenue, court, bridge, lane or public place in
the City.
Subd. 2. "Operator" means any person owning or having control of the use of one or
more Taxicabs used for hire upon the Streets or engaged in the business of operating a Taxicab
within the City.
1145.03. License Required. No person shall operate or permit a Taxicab owned or
controlled by that person to be operated as a vehicle for hire upon the Streets without having first
obtained a license from the City Clerk, provided that any Taxicab licensed to operate in any other
municipality of this state may carry passengers from said municipality where so licensed to any
place or point within the City and may receive passengers for carriage to such municipality
where so licensed, but owners and drivers of such vehicles shall not be permitted to solicit
business in the City or otherwise operate a Taxicab on the streets, without being licensed under
the provisions of this Section.
1145.05. Application for License; Form; Oath; Contents. An application for a license shall
be filed with the City Clerk upon forms supplied by the City. The application shall be verified
under oath and shall contain the following information:
(a) The name and address of the applicant.
(b) The financial status of the applicant, including the amounts of all unpaid
judgments against the applicant and the nature of the transaction or acts giving rise to
said judgments.
(c) The experience of the applicant in the transportation of passengers.
(d) The number of vehicles to be operated or controlled by the applicant and the
location of proposed open stands and call box stands.
(e) The color scheme or insignia to be used to designate the vehicle or vehicles of the
applicant.
(f) Such further information as the City Manager may from time to time require.
(g) A statement covering each vehicle to be so licensed giving the full name and
address of the owner; the class and passenger -carrying capacity of each vehicle for which
a license is desired; the length of time the vehicle has been in use; the make of car; the
serial number and the state license number; whether the same is mortgaged; also the
holder of legal title to said motor vehicle if other than the applicant; or whether said
vehicle is leased, licensed, or under any form of contract permitted to be used and
operated by some other person than the one holding legal title thereto, and what person,
Ordinance 2011-29
Page 208
firm. or corporation collects the revenues from the operation of said Taxicab and pays the
expenses of operating the same.
1145.07. Issuance of License; Contents; Criteria. Subdivision 1. If the City Manager finds
that the applicant is fit, experienced, responsible and willing and able to perform such public
transportation and to conform to the provisions of this Section and the rules promulgated by the
City Manager, the City Clerk shall issue a license covering each vehicle so licensed, and stating
the name and address of the applicant, the number of vehicles authorized under said license and
the date of issuance; otherwise, the application shall be denied.
1145.09. Indemnity Bond or Liability Insurance Required; Amount; Filing. No license
shall be issued or continued in operation unless there is in full force and effect a liability
insurance policy issued by an insurance company authorized to do business in the State of
Minnesota and acceptable to the City for each vehicle authorized in the amount of $350,000
combined single limit. Such policy must be endorsed to show the City as an additional insured
and the City shall receive advance notice of not less than 30 days of the cancellation of coverage.
Copies of such policy shall be filed in the office of the City Clerk.
1145.11. License Fees; Amount; Period. No license shall be issued or continued in
operation unless the holder thereof has paid the annual license fee set byforth in Chapter X for
each vehicle operated by the holder. The license fees shall be for the calendar year and shall be
in addition to any other license fees or charges established by proper authority and applicable to
said holder of the vehicle or vehicles under holder's operation and control.
1145.13. Certificates Non -Transferable Without Consent of City Manager. No license may
be sold, assigned, mortgaged, or otherwise transferred without the consent of the City Manager.
1145.15. Suspension or Revocation of License; Grounds; Notice; Hearing. A license issued
under the provisions of this Section may be revoked or suspended by the City Manager if the
holder thereof has:
(a) Violated any of the provisions of this Section.
(b) Discontinued operations for more than 60 days.
(c) Violated any laws of the City or the laws of the United States or the State of
Minnesota, the violations of which reflect unfavorably on the fitness of the holder to offer
public transportation.
Prior to suspension or revocation, the holder shall be given notice of the proposed action to be
taken and shall have an opportunity to be heard by the City Manager.
1145.17. Names of Operators to be Furnished; Driver's License Required. Prior to the
commencement of operation, the holder of the license shall furnish to the City Clerk the names
of all persons who will be operating Taxicabs for the license holder. Each such person shall be
the holder of a valid driver's license issued by the State of Minnesota.
Ordinance 2011-29
Page 209
1145.19. Investigation of Operators; Taxicab Driver's License Required. The pPolice
dDepartment shall conduct an Investigation of each such person named as an Operator and a
report of such investigation shall be furnished to the City Manager together with the
recommendation of the Police Chief as to whether or not such persons should be permitted to
operate Taxicabs within the City.- Upon a finding by the City Manager that such persons are to
be permitted to operate Taxicabs within the City, the City Clerk shall issue a Taxicab driver's
license to such persons upon the payment of the fee set hyforth in Chapter X. The license shall
be valid for the calendar year in which issued and must be renewed at the commencement of
each subsequent calendar year. It is unlawful for any person to operate a Taxicab within the City
for or on behalf of any license holder without having a valid Taxicab driver's license in his or her
possession. (Ord. 2001-08, 2/27/2001)
1145.21. Equipment and Maintenance of Taxicabs. The City Manager shall direct the
performance of a thorough and careful examination of each Taxicab before a license is granted
for its operation. The results of such examination shall be reported to the City Clerk. No
Taxicab shall be licensed which does not comply with the following:
(a) It must be in a thoroughly safe condition for the transportation of passengers.
(b) It must be clean and of good appearance and well painted.
(c) Such other examinations and tests of licensed Taxicabs as may be ordered by the
City Manager from time to time as he or she may deem advisable.
1145.23. Identifying Designations and Insignias on Taxicabs; Requirements• Approval;
Violations. Each licensed Taxicab shall bear on the outside of each rear door, in painted letters
not less than four inches nor more than eight inches in height, the name of the owner. The
Taxicab may bear an identifying design approved by the City Manager. No vehicle may be
licensed as a Taxicab whose color scheme, identifying design, monogram, or insignia to be used
thereon shall in the opinion of the City Manager conflict with or imitate any color scheme,
identifying design, monogram or insignia used on a vehicle or vehicles already operating under
this Section, in such a manner as to be misleading or tend to deceive or defraud the public. If
after a license has been issued for a Taxicab hereunder, the color scheme, identifying design,
monogram, or insignia thereof is changed so as to be, in the opinion of the City Manager, in
conflict with or imitate any color scheme, identifying design, monogram or insignia used by any
other person, owner or operator, in such a manner as to be misleading or tend to deceive the
public, the license covering such Taxicab or Taxicabs shall be suspended or revoked.
1145.25. Taximeters Required; Specifications; Operation; Inspection. Taxicabs shall be
equipped with Taximeters fastened in front of the passengers, visible to them at all rimes day and
night; and, after sundown, the face of the Taximeter shall be illuminated. The Taximeter shall be
operated mechanically by a mechanism of standard design and construction, driven either from
the transmission or from one of the front wheels by a flexible and permanently attached driving
mechanism, and shall be sealed at all points and connections which, if manipulated, would effect
their correct reading and recording. The Taximeter shall have thereon a flap to denote when the
Ordinance 2011-29
Page 210
vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw
the flag of such Taximeter into a non -recording position at the termination of each trip.
Taximeters shall be subject to inspection from time to time by the pPolice dDepartment. Any
inspector or other officer of said department is hereby authorized either on complaint of any
person or without such complaint, to inspect any meter and, upon discovery of any inaccuracy
therein, to notify the person operating the Taxicab to cease operation, and the Taxicab may not be
operated until the Taximeter is repaired and in the required working condition.
1145.27. Rates and Rate Cards. Every Taxicab operated under a license shall have a rate
card setting forth the authorized rates of fare displayed in such a place as to be in view of all
passengers.
1145.29. Failure to Pqy Legal Fare Unlawful. It is unlawful for any person to hire any
vehicle herein defined with intent to defraud the person from whom it is hired of the value of
such service.
1145.31. Open Stands and Call Box Stands. No open stands or call box stands may be
maintained by any licensee upon any street within the City.
1145.33. Duties of Persons Engaged in Taxicab Business. Any person engaged in the
Taxieab business Taxicab business in the City operating under a license shall render an overall
service to the public desiring to use Taxicabs. Holders of licenses shall maintain a central place
of business and keep the same open for such hours of each day as the Council may direct for the
purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for
services inside the corporate limits of the City as soon as they can do so and if said services
cannot be rendered within a reasonable time, they shall then notify the prospective passengers
how long it will be before the said call can be answered and give the reason therefor. It Is
unlawful for any holder of a license to refuse to accept a call anywhere in the corporate limits of
the City at any time when such holder has available cabs, or to fail or refuse to give over-all
service.
Section 52. Amendment. Section 1150 of the City Code (Tobacco and Related Products)
is amended to read as follows:
1150.01. License Required. No person shall directly, by coin machine, or otherwise, keep
for retail sale, sell at retail, or otherwise dispose of, any cigarette, cigarette wrapper, tobacco, or
Tobacco Products at any place in the City unless they have obtained a license therefor as
provided herein.
1150.03. Application for License; Granting of License by Council; Issuance of License by
City Clerk. Application for such license shall be made to the City Clerk and shall state the full
name and address of the applicant, the location of the building to be occupied by the applicant in
the conduct of the business, the kind of business to be conducted, and such other information as
the City Clerk may require. The license shall be granted by the City Council and issued by the
City Clerk upon payment of the required fee.
Ordinance 2011-29
Page 211
1150.05. License Fee; Term, Date. The fee for a license is set byfo th in Chapter X. The
license expires on December 31st. (Ord. 96-4, 2/21/96)
1150.07. Prohibited Acts.
(a) No person shall sell, give away, or otherwise furnish any cigarette, cigarette paper,
tobacco, or Tobacco Products to any person under the age of eighteen years.
(b) No person shall keep for sale, sell, or dispose of any cigarette or other Tobacco
Product containing opium, morphine, jimson weed, bella donna, strychnia, cocaine,
marijuana, or any other deleterious or poisonous drug, except nicotine.
(c) No person shall sell or dispense any Tobacco Product through the use of a
vending machine, unless the vending machine is in a nonpublic area with no minor access
as verified by a premises survey conducted by the Police Department. (Ord. 97-15; Ord.
2001-08, 2/27/2001)
(d) No person shall offer for sale any Tobacco Product by means of Self -Service
Merchandising, unless the display is in a nonpublic area with no minor access as verified
by a premises survey conducted by the Police Department. (Ord. 97-15; Ord. 2001-08,
2/27/2001)
(e) Every licensee shall be responsible for the conduct of its employees while on the
licensed premises and any sale or other disposition of tobacco products by an employee
to a person under 18 years of age shall be considered an act of the licensee for purposes
of imposing an administrative fine, license suspension, or revocation.
(Ord. 96-4, 2121 /96)
1150.09. Display of License on Premises. Every such license shall be openly displayed in
the place of business to which it has been issued.
1150.10. Violations.
(a) Misdemeanors. Any person who violates this ordinance shall be guilty of a
Misdemeanor unless the violation has a specific penalty designated by state law. (Ord.
97-15, 7/23/97)
(b) Administrative Civil Penalties; Individuals. An individual who sells Tobacco to a
person under the age of 18 years shall be subject to an administrative penalty of $50. No
penalty may be imposed until the individual has received notice, served personally or by
mail, of the alleged violation and an opportunity for a hearing before the Vie€ Police
Chief or- W"e - designee. A decision that a violation has occurred must be in writing.
(Ord. 2001-29, 8/14/2001)
Ordinance 2011-29
Page 212
(c) Administrative Civil Penalties; Licensee. If a licensee or an employee of a
licensee is found to have sold tobacco to a person under the age of 18 years, the licensee
shall be subject to an administrative penalty as follows:
Offense
Minimum (State)
Presumptive
Maximum (City/State)
Penalty (City)
1St Violation
$75 and/or 0 days
$500 fine and 5-
$2,000 and/or 60 -days
suspension
day suspension
suspension
stayed
2n Violation
$200 and/or 0
$750 fine and 5-
$2,000 and/or 60 -days
(within 24 mos)
da s sus ension
day suspension
suspension
3 Violation
$250 and/or 7
$1,000 fine and 10-
$2,000 and/or 60 days
within 24 mos)
days suspension
day suspension
suspension
4 Violation
None listed
Revocation
Revocation
within 24 mos)
(Ord. 2011-I1, 4/26/2011)
(d) Defense. It is a defense to the charge of selling tobacco to a person under
the age of 18 years, that the licensee or individual, in making the sale, reasonably and in
good faith relied upon representation of proof of age described in State Statute section
340A.503, subdivision 6, paragraph (a).
(e) Exemption. A person, no younger than 15 and no older than 17, may be enlisted
to assist in the tests of compliance, provided that written consent from the person's parent
or guardian has been obtained and that the person shall at all times act only under the
direct supervision of a law enforcement officer or an employee of the licensing
department, or in conjunction with an in-house program that has been pre -approved by
the Police Department. A person who purchases or attempts to purchase tobacco -related
products while in this capacity is exempt from the penalties imposed by subdivisions a
and b above. (Ord. 2001-08, 2127/2001)
(f) Revocation. The City Council has the authority to revoke any license as noted in
Section 1005.21.
(g) Penalty for minors. Although it will remain a Petty Misdemeanor for a minor to
use or possess tobacco, the City, after consulting with interested educators and/or parents,
may use an alternative penalty system (diversion program). (Ord. 9 7-1 S, 7/23/97)
(Ord. 96-4, 2/21196; Ord. 99-16, 611/99; Ord. 2001-08, 2/27/2001; Ord. 2001-29, 8/14/2001;
Ord. 2009-16, 10/13/2009)
Section 53. Amendment. Section 1155 of the City Code (Alarm Systems) is amended to
read as follows:
Ordinance 2011-29
Page 213
1155.01. Statement of Policy. Subdivision 1. The City Council of the City of Pirmout-h.
deems it necessary to provide for the special and express regulations of Alarm Systems which
are designed to signal the presence of a hazard requiring urgent attention and to which the Police
Department or Fire Department personnel are expected to respond, in order to protect the public
health, safety and welfare. (Ord. 2001-08, 2/27/2001)
Subd. 2. The purpose of this ordinance is to encourage Alarm Users to maintain the
operational reliability and proper use of Alarm Systems and to reduce or eliminate False Alarms.
Subd. 3. This ordinance governs systems intended to summon police and/or fire
response, requires registration, establishes fees, provides for penalties for violations, and
establishes a system of administration.
1155.03. Registration and Exemptions. Subdivision 1. Registration. Every Alarm User
shall be required to register each Alarm System on the Alarm User's premises on a form
provided by the City. The form shall contain all information the City deems necessary to
administer this system. In commercial or multi -housing situations, it shall also include
keyholder information. The Fire Department does not require fire alarm user to register their fire
alarm system.
Subd. 2. Exemptions. The provisions of this Section are not applicable to audible alarms
affixed to automobiles.
1155.05. New Alarm Systems/Users. When a new registration for a new system or new
user is received by the Police Department and Fire -Dept, they will be granted a 30 day
new user period in which alarms will not be chargeable. In the event a system problem is found
which will take more time to correct; this period may be extended with written notification of the
problem and anticipated correction time by the monitoring company. (Ord. 2001-08, 2/27/2001)
1155.07. Registrations Non -Transferable; Duration. Alarm User registrations are not
transferable from one person to another or from one location to another.
1155.09. Prohibitions. Subdivision 1. Alarm Systems Utilizing Taped or Prerecorded
Messages. No person may install, monitor, or use and possess an operative alarm which utilizes
taped or prerecorded messages which deliver a telephone alarm message to the police or fire
department.
1155.11. System Operation and Maintenance.
Subd. 1. An Alarm User shall:
(1) Maintain the premises and the Alarm System in a manner that will minimize or
eliminate False Alarm Dispatches, and
(2) Make every reasonable effort to respond or cause a representative to respond to
the Alarm System's location within one hour when notified by the city to deactivate a
Ordinance 2011-29
Page 214
malfunctioning Alarm System, to provide access to the premises, or to provide security
for the premises, and
(3) Not manually activate an alarm for any reason other than an occurrence of an
event that the Alarm System was intended to report.
Subd. 2. An Alarm User shall adjust the mechanism or cause the mechanism to be
adjusted so that an alarm signal audible on the exterior of an Alarm Site will sound for no longer
than 10 minutes after being activated 15 minutes for systems operating under Underwriters
Laboratories, Inc. standards 365 or 609).
Subd. 3. Any business providing alarm monitoring services shall be responsible for:
(1) Reporting alarm signals.
(2) Attempting to verify every alarm signal, except a duress, hold-up, or fire alarm
activation before requesting a police/fire response to an alarm signal.
(3) Communicating verified cancellations of Alarm Dispatch Requests to the ECity in
a prompt fashion.
(4) Ensuring that all Alarm Users are given adequate training on the proper use of
equipment.
1155.13. Fees. Subdivision 1. The following is the fee schedule for false alarms:
Each Calendar Year
Residential
Commercial/multi-
housing
# of false alarm
Police
Fire
Police
Fire
1 s' alarm
0
$100
0
$100
2n alarm
0
$200
$50
$200
3rd alarm
$50
$200
$75
$300
e alarm
$50
$200
$100
$400
5 alarm
$50
$200
$125
$500
6 alarm
$50
$200
$150
$500
7 alarm
$50
$200
$175
$500
Subsequent alarms
$50
1 $200
$200
$500
Subd. 2. Determination of False Alarm. There shall be a designated individual that
reviews all alarms to determine if chargeable. Acts of nature such as high winds, lightening, or
power outages that cause alarms to malfunction shall not be considered chargeable. Fire alarm
Sys tem Ffees on false fire alarms determined to be chargeable will be rescinded if the alarm
holder provides certification that the system has been serviced/repaired or they have received
education or training on the system to help eliminate future alarms. Verification of alarm system
maintenance or service must be made in written format on official letterhead of the alarm
company and provided within €rveseven working days of alarm activation or notice thereof.
Ordinance 2011-29
Page 215
Subd. 3. Outstanding Balances. If an alarm user has an outstanding balance due to the
City at the end of the year, they have until January 15 to pay such balance. If not paid by the
15 , they will not reset to zero and will not be eligible for free alarms for that calendar year. The
only exception to this would be if the outstanding alarm balance is being formally appealed as
follows.
1155.17. Right to Notice and Appeal. Subdivision 1. Notice. Written notice shall be sent
to all Alarm Users notifying them of all false alarm responses to the premises and their status as a
chargeable fee. The Alarm User has the right to request an informal hearing before the City
Manager maker -designee to appeal the decision; and, the right to appeal the Police Chief's
and/or Fire Chiefs decision to the City Council. (Ord. 2001-08, 2/2712001)
Subd. 2. AMeal. Anyone aggrieved by a decision of the City Manager or- hiA
designee to fee an Alarm User may appeal that decision to the Gity Council by filing a written
request for an appeal with the City Clerk. The written request must be filed within 10 days after
the decision from which the appeal is taken. (Ord. 2001-08, 212712001)
1155.19. Penalties. Subdivision 1. Any Alarm User who fails to register an alarm system
after being given notice and ample opportunity is guilty of a petty misdemeanor.
Subd. 2. Any person who fails to pay any fees levied after given opportunity to appeal, is
guilty of a petty misdemeanor.
1155.21. Maintenance of Fire Alarm and Automatic Fire -Extinguishing Systems. All new
and existing Fire Alarm and Automatic Fire -Extinguishing Systems, shall be maintained in
accordance with the provisions set forth in the Minnesota State Fire Code. (Ord. 2001-08,
212712001; Ord. 2003-22, 712212003)
1155.23. Unpaid Fees. Any fee required under this Section which is not paid within the
time required herein shall be certified as "past due" by the City Clerk who in turn shall include it
as an assessment for a current service under Section 810, if allowed.
(Ord. 2000-19, 5123/2000)
Section 54. Repeal. Section 1170 of the City Code (Lawn Fertilizer Application Control)
is hereby repealed:
Ordinance 2011-29
Page 216
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Ordinance 2011-29
Page 217
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Ordinance 2011-29
Page 218
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Page 219
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Ordinance 2011-29
Page 220
Section 55. Amendment. Section 1175 of the City Code (Sexually Oriented Businesses)
is amended to read as follows:
1175.01 Purpose and Intent. Subdivision 1. It is the purpose of this Section is to regulate
Sexually Oriented Businesses to promote the health, safety, morals, and general welfare of the
citizens of the City, to guard against the inception and transmission of disease, and to establish
reasonable and uniform regulations. The provisions of this Section have neither the purpose nor
effect of imposing a limitation or restriction on the content of any communicative materials,
including sexually oriented materials. Similarly, it is not the intent nor effect of this Section to
restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or
to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended
market.
Subd. 2. The C-ty Council further finds that experience from other cities
demonstrates that Sexually Oriented Businesses conducted in private by members of the same or the
opposite sex, and employing personnel with no specialized training, are susceptible to operation in a
manner contravening, subverting or endangering the health, safety and welfare of members of the
community by being the sites of acts of prostitution, illicit sex, and occasions of violent crimes, thus
requiring close inspection, licensing, and regulation.
1175.03. Classification. The following are classified as Sexually Oriented Businesses:
(a) Sexually Oriented Arcades;
(b) Sexually Oriented Bookstores, Sexually Oriented Video Stores, Sexually Oriented
Stores;
(c) Sexually Oriented Cabarets;
(d) Sexually Oriented Conversation/Rap Parlors;
(e) Sexually Oriented Massage Parlors;
(f) Sexually Oriented Motels;
(g) Sexually Oriented Motion Picture Theaters;
(h) Sexually Oriented Saunas;
(i) Sexually Oriented Theaters;
6) Escort Agencies;
(k) Nude Model Studios; and
0) Sexual Encounter Centers.
Ordinance 2011-29
Page 221
1175.05 License Required. Subdivision 1. A Sexually Oriented Business may not be
operated without a valid license, issued by the City for the particular type of business. A Sexually
Oriented Business existing on the date of the enactment of this Section must obtain a license within
90 days or close doing business.
Subd. 2. An application for a Sexually Oriented Business license must be made on a form
provided by the City Clerk. The application must be accompanied by a sketch or diagram showing
the configuration of the premises, including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally prepared but must be drawn to a
designated scale or drawn with market dimensions of the interior of the premises to an accuracy of
plus or minus six inches. Applicants who must comply with sSubsection 1175.31 of this Section
shall submit a diagram meeting the requirements of that Section.
Subd. 3. An application shall be considered complete if it includes the information required
in this subsection. The applicant shall be qualified according to the provisions of this Section. The
application shall be notarized. The application shall include the information called for in
subsections (a) through (g) as follows:
(a) The full true name and any other names used in the preceding five years.
(b) The current business address.
(c) Either a set of fingerprints suitable for conducting necessary background checks
pursuant to this Section, or the applicant's Social Security Number, to be used for the same
purpose.
(d) The name, business location, legal description, business mailing address and phone
number of the proposed Sexually Oriented Business.
(e) Written proof of age, in the form of either (i) a copy of a birth certificate and current
photo (ii) a current driver's license with picture, or (iii) other picture identification document
issued by a governmental agency.
(f) The issuing jurisdiction and the effective dates of any license or permit held by the
applicant relating to a Sexually Oriented Business, and whether any such license or permit
has been denied, revoked, or suspended, and if so, the reason or reasons therefore.
(g) The name and address of the statutory agent or other agent authorized to receive
service of process.
The information provided pursuant to subsections (a) through (g) shall be supplemented in
writing by certified mail, return receipt requested, to the City Clerk within 10 working days
of a change of circumstances which would render the information originally submitted false
or incomplete.
Ordinance 2011-29
Page 222
Subd. 4. The applicant must be qualified according to the provisions of this Section and the
premises must be inspected and found to be in compliance with the law by the -Fire dDepartment
and hBuilding eOfficial.
Subd. 5. If a person who wishes to operate a Sexually Oriented Business is an individual,
the individual must sign the application for a license as applicant. If a person who wishes to operate
a sexually oriented business is other than an individual, each individual who has a 10% or greater
interest in the business, and each officer, director, general partner, or other person who will
participate directly in decisions relating to management of the business must sign the application for
a license as applicant. Each applicant must be qualified under Section 1175.07 and each applicant
shall be considered a licensee if a license is granted.
1175.07 Issuance of License. Subdivision 1. Upon the filing of a completed application for a
Sexually Oriented Business license, the City shall issue a Temporary License to the applicant,
which Temporary License shall expire upon the final decision of the City to deny or grant the
license.
Subd. 2. The City Manager shall either issue a license, or issue a written notice of intent to
deny a license, to the applicant within 30 days after receipt of an application. The City Manager
shall approve the issuance of a license unless one or more of the following is found to be true:
(a) An applicant is under 18 years of age.
(b) An applicant is delinquent in the payment to the City of taxes, fees, fines, or
penalties assessed against him or her or imposed upon him or her in relation to a Sexually
Oriented Business.
(c) An applicant has failed to provide information required under subsection 1175.05 or
which is necessary for issuance of the license or has falsely answered a question or request
for information on the application form.
(d) An applicant has been convicted of a violation of a provision of this Section within
two years immediately preceding the application. The fact that a conviction is being
appealed shall have no effect.
(e) The premises to be used for the sexually oriented business have not been approved
by the fire department and the building official as being in compliance with applicable laws
and ordinances.
(f) The license fee required by this Section has not been paid.
(g) An applicant or the proposed establishment is in violation of or is not in compliance
with this Section.
(h) An applicant has been convicted of a crime:
Ordinance 2011-29
Page 223
1. Involving any of the following offenses:
(a) pProstitution as described in Minnesota Statute 609.321;
(b) i&licitation, inducement of promotion of prostitution as described in
Minnesota Statute 609.322;
(c) (Receiving profit derived from prostitution as described in Minnesota
Statutes 6893;
(d) eOther prohibited acts relating to prostitution as described in
Minnesota Statute 609.324;
(e) eObscenity as described in Minnesota Statute 617.241;
(f) sSale, dissemination, distribution, display or exhibition of harmful
materials to minors as described in Minnesota Statutes 617.293 and 617.294;
(g) i&xual performance by a child as described in Minnesota Statute
617.246;
(h) dpissemination or possession of child pornography as described in
Minnesota Statutes 617.246 and 617.247;
(i) ilndecent exposure as described in Minnesota Statute 617.23;
0) aCriminal sexual conduct as described in Minnesota Statutes
609.342, 609.343, 609.344, and 609.345;
(k) iIncest, as described in Minnesota Statute 609.365; or
0) ECriminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses:
2. for which:
(a) !Less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever is
the later date, if the conviction is of a misdemeanor offense;
(b) LLess than five years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the later
date, if the conviction is of a felony offense; or
(c) LLess than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
Ordinance 2011-29
Page 224
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any 24 -month period.
(i) The proposed Sexually Oriented Business would or does not comply with the City's
Zoning Ordinance.
Subd. 3. The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant. For purposes of this Section, "conviction":
(a) n Means a conviction or a guilty plea; and
(b) }Includes a conviction of any business entity for which the applicant had, at the time
of the offense leading to the conviction for a crime designated under this Section, a
management responsibility or a controlling interest.
Subd. 4. An applicant who has been convicted of an offense listed in Section 1175.07,
Subd. 2(h)(1) may qualify for a Sexually Oriented Business license only when the time period
required by Section 1175.07, Subd. 2(h)(2) has elapsed.
Subd. 5. The license, if granted, shall state the name of the person or persons to whom it is
granted, the expiration date and the address of the Sexually Oriented Business. The license shall be
posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it
may be easily read at any time.
1175.09 License Fees; License Investigation Fees. The annual fee for a Sexually Oriented
Business license shall be set by resolution of the Gity Council. The investigation fee for the purpose
of issuing a license shall be set by resolution of the Gity Council. In the event that the license is
denied upon application, the license fee shall be refunded; however, no part of the license
investigation fee shall be returned to the applicant. No part of the annual license fee shall be
refunded if the license is suspended or revoked.
1175.11 Inspection. Subdivision 1. An applicant, operator, or licensee shall permit law
enforcement officers and any other federal, state, county or city agency in the performance of any
function connected with the enforcement of this Section, normally and arguably conducted by such
agencies to inspect the premises of a Sexually Oriented Business for the purpose of insuring
compliance with the law, at any time it is occupied or open for business.
Subd. 2. A person who operates a Sexually Oriented Business or their agent or employee
commits an offense if the person refuses to permit a lawful inspection of the premises as required
under this subsection at any time it is occupied or open for business.
Subd. 3. The provisions of this section do not apply to areas of a Sexually Oriented Motel
which are currently being rented by a customer for use as a permanent or temporary habitation.
Ordinance 2011-29
Page 225
1175.13 Exniration of License. Subdivision 1. Each renewal license shall be issued for a
maximum period of one (1) year. All licenses expire on December 31 of each year. Each license
may be renewed only by making application as provided in subsection 1175.05. Application for
renewal shall be made by October 1. No renewal application received after October 1 shall be
considered by the City Council unless it determines good and sufficient cause is shown by the
Applicant for failure to file a timely renewal application, the Council may, if other provisions of the
Section are complied with, grant the application.
1175.15 Suspension. The City Manager may suspend a license for a period not to exceed 30
days following written notice and an opportunity for the licensee to be heard if the City Manager
determines that a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with this Section;
(b) (Refused to allow an inspection of the Sexually Oriented Business premises as
authorized by this Section;
(c) Wnowingly permitted unlawful gambling by any person on the sexually oriented
business premises;
1175.17. Revocation. Subdivision 1. The City Manager shall issue a written statement of intent to
revoke a Sexually Oriented Business license if a cause of suspension in Section 1175.15 occurs and
the license has been suspended within the preceding 12 months.
Subd. 2. The City Manager shall issue a written statement of intent to revoke a Sexually
Oriented Business license if the City Manager determines that:
(a) a Licensee gave false or misleading information to the City during the application
process;
(b) a Licensee or operator has knowingly allowed possession, use, or sale of controlled
substances on the premises;
(c) a Licensee or operator has knowingly allowed prostitution on the premises;
(d) a Licensee or operator knowingly operated the Sexually Oriented Business during a
period of time when the Licensee's license was suspended;
(e) a -Licensee has been convicted of an offense listed in Section 1175.07, Subd.2(h)(1)
for which the time period required in Section 1175.07, Subd.2(h)(2) has not elapsed;
(f) eOn two or more occasions within a 12 -month period, a person or persons
committed an offense occurring in or on the licensed premises of a crime listed in Section
1175.07, Subd.2(h)(1), for which a conviction has been obtained, and the person or persons
were employees of the Sexually Oriented Business at the time the offenses were committed;
Ordinance 2011-29
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(g) a Licensee or operator has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed
premises. The term "sexual contact" shall have the meaning as it is defined in Minn. Stat. §
609.341, Subd. I I(b) . This subsection shall not apply to a Sexually Oriented Motel, unless
the licensee knowingly allowed sexual activities to occur either (i) in exchange for money,
or (ii) in a public place or with public view; or
(h) a -Licensee is delinquent in payment to the City for ad valorem taxes, local lodging
tax, or other taxes or fees related to the Sexually Oriented Business.
Subd. 3. The fact that a conviction is being appealed shall have no effect on the revocation
of the license.
Subd. 4. Subsection 1175.17, Subd. 2(g) does not apply to Sexually Oriented Motels as a
ground for revoking the license unless the Licensee or operator knowingly allowed the act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or
within public view.
Subd. 5. When, after the notice and hearing procedure described in Subsection 1175.19, the
City Manager revokes a license, the revocation shall continue for one year and the licensee shall not
be issued a Sexually Oriented Business license for one year from the date revocation became
effective, provided that, if the conditions of Section 1175.19, subd. 2 are met, a Provisional License
shall be granted pursuant to that Section. If, subsequent to revocation, the City Manager finds that
the basis for the revocation has been corrected or abated, the applicant may be granted a license if at
least 90 days have elapsed since the date the revocation became effective. If the license was
revoked under Section 1175.17, subd. 2(g), an applicant may not be granted another license until the
appropriate number of years required under Section 1175.07, subd. 2(h)(2) have elapsed.
1175.19. Hearing; License Denial, Suspension, Revocation; Appeal. Subdivision 1. If the
City Manager determines that facts exist for denial, suspension, or revocation of a license under this
Section, the City Manager shall notify the applicant or licensee ("respondent") in writing of the
intent to deny, suspend, or revoke the license, including the grounds therefore, by personal delivery
or by certified mail. The notification shall be directed to the most current business address on file
with the City Manager. Within five working days of receipt of such notice, the respondent may
provide to the City Manager, in writing, a response that shall include a statement of reasons why
the license or permit should not be denied, suspended, or revoked. Within three days of the receipt
of respondent's written response, the City Manager shall notify respondent in writing of the hearing
date on respondent's denial, suspension, or revocation proceeding.
Subd. 2. Within 10 working days of the receipt of respondent's written response, the City
shall conduct a hearing on respondent's appeal of the City Manager's decision. The City Council
may appoint a committee of the Council or an independent hearing officer to hear the matter, report
findings of fact and a recommendation for disposition to the Council. Hearings on the appeal shall
be open to the public and the licensee or applicant shall have the right to appear and be represented
by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City
Ordinance 2011-29
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Council shall make a final decision. If a response is not received by the City in the time stated or, if
after the hearing, the City finds that grounds as specified in this Section exist for denial, suspension,
or revocation, then such denial, suspension, or revocation shall become final five days after the City
sends, by certified mail, written notice that the license has been denied, suspended, or revoked.
Such notice shall include a statement advising the applicant or licensee of the right to appeal such
decision to a court of competent jurisdiction.
If the City Council finds that no grounds exist for denial, suspension, or revocation of a
license, then within five days after the hearing, the City Manager shall withdraw the intent to deny,
suspend, or revoke the license, and shall so notify the respondent in writing by certified mail of such
action and shall contemporaneously issue the license.
Subd. 3. Any decision of the City Council shall be a final appealable order and the applicant
or licensee ("aggrieved party") may seek prompt judicial review of such administrative action in any
court of competent jurisdiction.
Subd. 4. The filing of an appeal stays City Manager's action requiring, denying, suspending
or revoking a license until 60 days after a final decision by the City Council, to provide the
aggrieved party sufficient time to appeal the City Council's decision to a court of competent
jurisdiction. If the aggrieved party appeals the Gity Council's decision within the 60 days provided,
the stay shall be extended until a final judicial decision is rendered in the matter.
Subd. 5. Upon the filing of any court action to appeal, challenge, restrain, or otherwise
enjoin the City's enforcement of the denial, suspension, revocation, or licensure requirement, the
City shall immediately issue the aggrieved party a Provisional License. The Provisional License
shall allow the aggrieved party to continue operation of the Sexually Oriented and will expire upon
the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain, or
otherwise enjoin the City's enforcement.
Subd. 6. The City Council may condition denial, suspension, revocation, or non -renewal of
a license upon appropriate terms and conditions.
1175.21 Transfer of License. A licensee shall not transfer a license to another, nor shall a
licensee operate a Sexually Oriented Business under the authority of a license at any place other
than the address designated in the application.
1175.23 Additional Regulations for Escort Agencies. Subdivision 1. An escort agency shall
not employ any person under the age of 18 years.
Subd. 2. A person commits an offense if that person acts as an escort or agrees to act as an
escort for any person under the age of 18 years.
1175.25 Additional Regulations for Nude Model Studios. Subdivision 1. A nude model
studio shall not employ any person under the age of 18 years.
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Subd. 2. A person commits an offense if he or she appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a nude model studio premises which can
be viewed from the public right of way.
1175.27. Additional Regulations For Sexually Oriented Theaters And Sexually Oriented
Motion Picture Theaters. Subdivision 1. A person commits an offense if he or she knowingly
allows a person under the age of 18 years to appear in a state of nudity in or on the premises of a
Sexually Oriented Theater or Sexually Oriented Motion Picture Theater.
Subd. 2. It is a defense to prosecution under Subdivision 1 of this section if the person
under 18 years was in a restroom not open to public view or persons of the opposite sex.
1175.29 Additional Regulations For Sexually Oriented Motels. Subdivision 1. Evidence that
a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated
two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that
the establishment is a Sexually Oriented Motel as that term is defined in this Section.
Subd. 2. A person commits an offense if, as the person in control of a sleeping room in a
hotel, motel, or similar commercial establishment that does not have a Sexually Oriented Business
license, he or she rents or subrents a sleeping room to a person and, within 10 hours from the time
the room is rented, he or she rents or subrents the same sleeping room again.
Subd. 3. For purposes of Subdivision 2 of this section, the terms "rent" or "subrent" mean
the act of permitting a room to be occupied for any form of consideration.
1175.31 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos.
Subdivision 1. A person who operates or causes to be operated a Sexually Oriented Business, other
than a Sexually Oriented Motel, which exhibits on the premises in a viewing room of less than 150
square feet of floor space, a film, video cassette, or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with the following requirements:
(a) Upon application for a Sexually Oriented Business license, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the location of
one or more manager's stations and the location of all overhead lighting fixtures and
designating any portion of the premises in which patrons will not be permitted. A manager's
station may not exceed 32 square feet of floor area. The diagram shall also designate the
place at which the permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint shall not be required;
however, each diagram should be oriented to the north or to some designated street or object
and should be drawn to a designated scale or with marked dimensions sufficient to show the
various internal dimensions of all areas of the interior of the premises to an accuracy of plus
or minus six inches. The City Manager may waive the foregoing diagram for renewal
applications if the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since it was prepared.
(b) The application shall be sworn to be true and correct by the applicant.
Ordinance 2011-29
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(c) No alteration in the configuration or location of a manager's station may be made
without the prior approval of the City Manager.
(d) It is the duty of the owners and operator of the premises to ensure that at least one
employee is on duty and situated in each manager's station at all times that any patron is
present inside the premises.
(e) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which any
patron is permitted access for any purpose excluding restrooms. Restrooms may not contain
video reproduction equipment. If the premises has two or more manager's stations
designated, then the interior of the premises shall be configured in such a manner that there
is an unobstructed view of each area of the premises to which any patron is permitted access
for any purpose from at least one of the manager's stations. The view required in this
subsection must be by direct line of sight from the manager's station.
(fl It shall be the duty of the owners and operator, and it shall also be the duty of any
agents and employees present in the premises to ensure that the view area specified in
Subsection (e) remains unobstructed by any doors, walls, merchandise, display racks or
other materials at all times that any patron is present in the premises and to ensure that no
patron is permitted access to any area of the premises which has been designated as an area
in which patrons will not be permitted in the application filed pursuant to Subsection (a) of
this section.
(g) The premises shall be equipped with overhead lighting fixtures of sufficient intensity
to illuminate every place to which patrons are permitted access at an illumination of not less
than one (1.0) footcandle as measured at the floor level.
(h) It shall be the duty of the owners and operator and it shall also be the duty of any
agents and employees present in the premises to ensure that the illumination described
above, is maintained at all times that any patron is present in the premises.
(i) No viewing room may be occupied by more than one person at any time.
0) No licensee shall allow openings of any kind to exist between viewing rooms or
booths.
(k) No person shall make or attempt to make an opening of any kind between viewing
booths or rooms.
0) The licensee shall, during each business day, regularly inspect the walls between the
viewing booths to determine if any openings or holes exist and shall cover or repair all
openings or holes with 24 hours.
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(m) The licensee shall cause all floor coverings in viewing booths to be nonporous,
easily cleanable surfaces, with no rugs or carpeting.
(n) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to
be constructed of, or permanently covered by, nonporous, easily cleanable material. No
wood, plywood, composition board, or other porous material shall be used within 48 inches
of the floor.
Subd. 2. A person having a duty under Subsections (a) through (n) of Subdivision 1
commits a misdemeanor if the person knowingly fails to fulfill that duty.
1175.33. General Restrictions for Conduct within a Sexually Oriented Business. Subdivision
1. All performers, dancers, and persons appearing in a semi-nude condition or providing live
entertainment distinguished or characterized by an emphasis on matters depicting, describing, or
relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas
adjoining the licensed facility where such entertainment can be seen by patrons of the licensed
facility shall remain at all times a minimum distance of six feet from all patrons, customers, or
spectators and shall dance or provide such entertainment on a platform intended for that purpose,
which shall be raised at least two feet from the level of the floor on which patrons or spectators are
located.
Subd. 2. No dancer, performer, or person while semi-nude or providing live entertainment
distinguished or characterized by an emphasis on matters depicting, describing, or relating to
specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining
the licensed facility where the entertainment can be seen by patrons of the licensed facility shall
knowingly or intentionally touch any spectator or patron or the clothing of any spectator or patron.
Subd. 3. No customers, spectator, or patron of a licensed facility shall directly pay or give
any gratuity to any dancer or performer in a semi-nude condition and no dancer or performer in a
semi-nude condition shall solicit or receive any pay or gratuity directly from any patron or spectator.
Subd. 4. No sexually oriented business, except for a Sexually Oriented Motel, may remain
open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and
1:00 a.m. and 12:00 p.m. on Sundays.
1175.35 Additional Regulations Concerning Public Nudity. It shall be a misdemeanor for a
person to knowingly and intentionally, in a sexually oriented business, appear in a state of nudity or
engage in specified sexual activities.
1175.37 Prohibition Against Children In A Sexually Oriented Business. No licensee,
operator or employee shall knowingly allow a person under the age of 18 years on the premises of a
sexually oriented business.
1175.39 Exemptions. It is a defense to prosecution under this Section that a person appearing
in a state of nudity did so in a modeling class operated:
Ordinance 2011-29
Page 231
(a) bBy a proprietary school licensed by the State of Minnesota; a college, junior
college, or university supported entirely or partly by taxation;
(b) hBy a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college, or university
supported entirely or partly by taxation; or
(c) ijn a structure:
1. wWhich has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing; and
2. wWhere in order to participate in a class a student must enroll at least three
days in advance of the class; and
3. wWhere no more than one nude model is on the premises at any one time.
1175.41 Enforcement. A person who operates or causes to be operated a Sexually Oriented
Business without a valid license or in violation of this Section is subject to a suit for injunction as
well as prosecution for criminal violations. Any person violating a provision of this Section, upon
conviction, is guilty of a misdemeanor. Each day a Sexually Oriented Business so operates is a
separate offense or violation.
1175.43 Severability. If any section, sentence, clause or phrase of this Section is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
Section. The Qt -f Council hereby declares that it would have adopted the Section and each
subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
(Ord. 2002-12, 3/26/2002)
Section 56. Amendment. Section 1206 of the City Code (Retail Licenses) is amended to
read as follows:
1206.01. Licenses Required. No person, except as otherwise provided in Minnesota
Statutes Chapter 340A shall directly or indirectly deal in, sell, keep for sale or deliver any
intoxicating liquor, 3.2 percent malt liquor, or wine as part of a commercial transaction without
first having received a license to do so as provided in this Chapter; nor shall any private club or
public place, directly or indirectly, or upon any pretense or by any device, allow the consumption
or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating
liquor without first obtaining a license from the City as provided in this Chapter.
1206.02. Types of Licenses. The following types of licenses are issued under this Chapter:
Ordinance 2011-29
Page 232
A. On -Sale Intoxicating Liquor License. On -sale intoxicating liquor licenses shall be
granted only to hotels, clubs, restaurants, and exclusive liquor stores. A license shall be issued to
clubs and congressionally chartered veterans' organizations if they have been in existence for at
least three years and liquor sales will only be to members and bona fide guests. On -sale
intoxicating liquor licenses are subject to the following conditions:
1. wWhere the licensed premises is a free standing building, the building
(exclusive of land) must have a minimum valuation of $500,000;
2. wWhere the licensed premises is located in a shepping eentefmulti-tenant
retail building, the licensed premises:
a. may not be an exclusive liquor store;
b. may not permit live music or dancing; and
6. must have u-iaazarvf 150 sea4s for- rya.b
.
B. Off -Sale Intoxicating Liguor License. Off -sale intoxicating liquor licenses may
be issued, with the approval of the Commissioner of Public Safety, to an exclusive liquor store
and shall permit off -sale of intoxicating liquor and 3.2 percent malt liquor.
C. Wine Licenses. Wine licenses may be issued, with the approval of the
Commissioner of Public Safety, only to restaurants having facilities for seating at least 25 people
at one time for the sale of wine not exceeding 14 percent alcohol by volume and for consumption
on the licensed premises only in conjunction with the sale of food. The holder of a wine license
who is also licensed to sell 3.2 percent malt liquor on -sale and whose gross receipts are at least
60% attributable to the sale of food, may also sell intoxicating malt liquors at on -sale without an
additional license.
D. On -Sale 3.2 Percent Malt Liquor License. On -sale 3.2 percent malt liquor license
may be issued to bona fide clubs, restaurants, and hotels where food is prepared and served for
consumption on the premises only.
E. Off -Sale 3.2 Percent Malt Liquor License. Off -sale 3.2 percent malt liquor
license may be issued to general food stores and drug stores and permit the sale of 3.2 percent
malt liquor at retail in the original package for consumption off the premises only.
F. On -Sale Sunday Liguor License. On -sale Sunday liquor licenses may be issued
only to a hotel or restaurant, with facilities for serving not less than M30 guests at one time, to
which an on -sale intoxicating li uor license has been issued. Such license may permit the sale of
liquor to be consumed on the premises between the hours of 10:00 a.m. on Sunday and 1:00 a.m.
on Monday in conjunction with the serving of food provided that the licensee is in conformance
with the Minnesota Clean Air Act. No Sunday license is needed for on -sale wine licenses.
Ordinance 2011-29
Page 233
G. Sales after 1:00 a.m. Per Minnesota Statute 340A.504, Subd. 7, no licensee may
sell intoxicating liquor or 3.2 percent malt liquor on -sale between the hours of 1:00 a.m. and 2:00
a.m. unless the licensee has obtained a hermit from the Commissioner of Public Safety.
FH. Temporary Licenses. Temporary on -sale liquor and temporary_on-sale 3.2
percent malt liquor licenses may be issued to a club or charitable, religious, or nonprofit
organization in existence for at least three years as per Minnesota Statutes340A.403 and
340A.404, Subd. 10. The heense may au4hefize the on sale of 3.2 ma4t liquor- for- not fner-e th
thfee eensee-ufive days, and may authorize on sales en premises edieF than pmmises the heefise
ma4t liquor- with the helder- of a full yeaf on sak liquor- heense issued by the City. The liesease-s
are su jeet to two +o..,,, ealudi , the he f �, d b the Git The licenses
�.. ;.,.., ,., ,�.,...�.a..�, :a..,.,...a.as �.�.. �..,�o���c ��e��r7Z11na�a-o`i--�-�
issued in this Section are required to provide proof of liquor liability insurance coverage. s*ee
fimmeW responsibility.
111. Club Licenses. Club licenses may be issued to clubs as provided in Minnesota
Statute 340A.404, sSubd. 1.
U. Consumption and Display Permits. Consumption and display permits may be
issued to a bottle club which complies with the requirements of Minnesota Statute 340A.414 and
which has obtained a permit from the Commissioner of Public Safety. Consumption and display
permits shW! not be issued in the Git�-, e*eept to establishments that had been issued sueh
heense en or- prior- to the effieoive date of this or-dinanee.
JK. Theater. An on -sale intoxicating liquor license, an on -sale wine license, or an on -
sale 3_2 malt liquor license may be issued to a theater. A license issued under this clause
authorizes sales on all days of the week to persons attending events at the theater. (Ord. 2004-
01, 111312004)
1206.03. License Period. Each renewal license shall be issued for a maximum period of
one year. Temporary licenses shall expire according to their terms. All intoxicating liquor
hreuses-e*pire-on-Januar-y 31 of eae#-yeanAUand 3.2 percent malt liquor licenses expire on
January 31 of each year. Consumption and display licenses expire on March 31 of each year.
(Ord. 2000-15, 510912000)
1206.04. Retail License Fees.
A. Annual Fees. The annual fees for all licenses and temporary licenses are set forth
in Chapter X.
B. Prorated Fees. If a license application is made during the license year, the license
shall be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a
month being counted as one month.
Ordinance 2011-29
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C. Payment. The fees for all liquor licenses must be paid in
advance of Febmaff4their expiration date.eense fees -sh 'u be "'Pcc intothegeneral
(Ord. 2006-01, 1/10/2006)
D. Investigation Fees. Investigation fees for all licenses are set forth in Chapter X.
Investigation fees are non-refundable. No investigation fee shall be charged for a renewal
application. At any time that an additional investigation is required because of a change in the
control of a corporate license, change in Qperatin mManager, change in location, or
enlargement of the premises, the licensee shall pay an-aMtieaal the investigation fee as set forth
in Chapter X. Where a new application is filed as a result of incorporation or a change of name
by an existing licensee and the ownership control and interest in the license are unchanged, no
additional investigation fee will be required.
1206.05. License Fee Refunds. License fees shall be refunded if an application for a
license is denied by the amity Council, except where rejection is for a willful misstatement in the
license application. No part of the fee paid for any issued license shall be refunded except as
authorized under Minnesota Statute Section 340A.408, sSubd. 5, upon application to the City
Clerk within 20 days of the happening of any event provided under Minnesota Statutes Section
340A.408, sSubdi"4ea_ 5.
1206.06. LiabilibtInsurance.
A. Except as provided in Minnesota Statute 340A.409, Subd. 4, all applicants for a
license under this Chapter must as a condition to the issuance of the license, maintenance
of the license and renewal of the license demonstrate proof of financial responsibility
with regard to liability imposed by Minnesota Statutes Section 340A.801 to the City.
The minimum requirements for proof of financial responsibility are set forth in
Minnesota Statutes Section 340A.409. The City shall be named as additional insured on
the liability insurance policy
with regard te liability imposed by Minnesota StatHte Seetion 3 40A.901 to the Git5% by
pf@N4ding proof of liquor- habihWdr-am shop, generel habilit�-, and workers eempens
.....
ZOLWA
Ordinance 2011-29
Page 235
EB. All applicants for a license under this Chapter must as a condition to the issuance
of the license, maintenance of the license and renewal of the license have Workers'
Compensation Insurance as required by law. ' eempefisafie
_
Y.
1206.07. License Application. A license applicant shall complete the appheable
application form provided by the City Clerk. The City Clerk may waive completion of any part
of the form that is inappropriate or unnecessary.
1206.08. Execution of Application. If the application is by an individual, it shall be signed
and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by
one of the partners; if by an incorporated association, by the operating officer or managing
officer thereof. If the applicant is a partnership, the application, license, and insurance policy
shall be made and issued in the name of all partners. It shall be unlawful to make any false
statement in an application.
1206.09. Renewal Application.
A. Applications for the renewal of an existing license shall be made at least 45 days
prior to the date of the expiration of the license, and shall state that everything in the prior
applications remains true and correct except as otherwise indicated.
B. Renewal applications for an on -sale license for a restaurant shall include a
Certified Public Accountant statement showing total sales, food sales, liquor sales, and
percentage of total sales for the previous year. The Council shall not renew the license unless at
least 40% of the establishment's annual gross sales is from the serving of prepared food.
1206.10. Investigations.
A. At the time of making an initial application, or renewal application, or request for
a new Qperatin mManager, the applicant shall, in writing, authorize the Plymewh Police
Ordinance 2011-29
Page 236
Department to investigate all facts set out in the application and do a personal background and
criminal record check on the applicant and Operating Manager. The applicant shall further
authorize the Pl�%ne Police Department to release information received from such
investigation to the Council. (Ord. 99-06, 2/16/99, Ord. 2000-15, 5/09/2000)
B. Should the Cly Council deny the applicant's request for a license due, partially or
solely, to the applicant's prior conviction of a crime, the Gity Council shall notify the applicant of
the grounds and reasons for the denial; the applicable complaint and grievance procedure as set
forth in Minnesota Statutes, Section 364.06; the earliest date the applicant may reapply for a
license; and that all competent evidence of rehabilitation will be considered upon reapplication.
1206.11. Hearing Required for New Licenses. A public hearing for the issuance of a license
for a new premises, or for a different licensee at the same premises, shall be preceded by 10 days' -
published notice and 10 days' posted notice at City Hall and on the premises to be licensed. In
addition, the public hearing for the issuance of a license for a new premises. or for a different
licensee at the same premises, shall also be preceded by a 10 days' mailed notice to all owners of
property located within 500 feet of the boundaries of the property on which the business that is the
subject of the application is located. A public hearing is not required for temporary license
applications. (Ord. 2003-30, 10/14/2003)
1206.12. Information Considered for License Approval. The City Council shall consider
the following in addition to conformity with state statutes and city ordinances in determining
whether a new or renewal license shall be granted:
Clerk;
A. The investigative and staff report submitted by the Police Department and City
B. Information received through the public hearing process;
C. Whether the applicant has or will take affirmative action to minimize public
safety problems commonly associated with on -sale liquor establishments, including but not
limited to DWI drivers, illegal sale to minors, disturbing the peace, etc.;
D. Any other relevant information.
1206.13. Granting or Transfer of License.
A. Aolicant. A license shall be issued to the applicant only, and no license shall be
transferred except as provided in this Chapter.
B. Licensed Premises. Each license shall be issued only for the licensed premises.
The licensed premises is defined as the exact rooms and square footage in a compact and
contiguous building or structure situated on the premises and any outdoor enclosed seating area
contiguous to that building or structure as described in the license application. " h eons e is valid
Ordinance 2011-29
Page 237
deser-ibed in the heense, and all tFansaetiens r-elafing te a sale under- sueh heense must take p!
C. Building Under Construction. When a license is granted for a premises where the
building is under construction or otherwise not ready for occupancy, the City Clerk shall not
issue the license until notified by the Building Official that the building is ready for occupancy.
D. Death of Licensee. In the event of the death of a person holding a license, the
personal representative of that person shall be allowed to continue to operate the business within
the terms of the license for a period not to exceed 90 days after the death of the licensee.
1206.14. Corporations, Partnerships, or Associations.
A. All corporations, partnerships, and associations must designate an Operating
Manager. The Operating Manager must be a person working full-time at the licensed premises
who is in charge of day-to-day liquor sales.
B. Licenses issued to corporations shall be valid only so long as there is no change in
the officers or ownership interest of the corporation, as defined in this Chapter, unless such
change is approved by the Council. The requirement concerning change in officers does not
apply to corporations whose stock is traded on the New York or American Stock Exchanges.
C. Licenses issued to associations or partnerships shall be valid only so long as there
is no change in the partnership or association, unless such change is approved by the Council.
D. Corporations, partnerships, or associations holding licenses shall submit written
notice to the City Clerk of any changes described herein on or before 30 days prior to the
effective date of any such change. Notwithstanding the definition of "interest" as defined in this
Chapter, in the case of a corporation, the licensee shall notify the City Clerk when a person not
listed in the application acquires an interest that, when combined with that of a spouse, parent,
brother, sister, or child, exceeds five percent and shall give all information about said person as
is required of a person pursuant to the provisions of this Chapter.
E. Corporations holding licenses shall submit written notice to the City Clerk of any
change in Operating Managers prior to the effective date of such change. The written notice
shall designate the new Operating Manager. The new Operating Manager shall be subject to the
investigation required by this Chapter. (Ord. 99-6, 2/16/99; Ord. 2000-15, 5/09/2000)
F. The designation of a new Operating Manager shall not cause the corporation's
license to become invalid before a decision is rendered by the City Manager ,
provided proper notice and application are made by the applicant. A proposed new Operating
Manager shall be referred to as the interim Operating Manager. In the event an interim
Operating Manager is rejected by the City Manager or his/her designee, the corporation shall
designate another interim Operating Manager and make the required application within 15 days
of the City Manager'sdesignee's decision. If the City Manager or- his/her- de i_ i
rejects a proposed Operating Manager, the decision may be appealed to the Qty Council by
Ordinance 2011-29
Page 238
filing a written notice of appeal with the City Clerk within 10 days after being notified of the
rejection. (Ord. 2000-15, 5/09/2000)
1206.15. Ineligible for License.
A. State Law. No license shall be granted to or held by any person:
1) mMade ineligible by State law;
2) wWho is a person under 21 years of age;
3) wWho is not a citizen of the United States or a resident alien;
4) eUpon whom it is impractical to conduct a background and financial
investigation due to the unavailability of information;
5) wWho has had a liquor license revoked within five years of the license
application, or to any person who at the time of the violation owns any interest,
whether as a holder of more than five percent of the capital stock of a corporation
licensee, or to a corporation, partnership, association, enterprise, business, or firm
in which any such person is in any manner interested; who is not of good moral
character and repute;
6) wWho has a direct or indirect interest in a manufacturer, brewer, or
wholesaler; or
7) wWho, within five years of the license application, has been convicted of
a felony or a willful violation of a federal or state law or local ordinance
governing the manufacture, sale, distribution, or possession for sale or distribution
of an alcohol beverage and who cannot show competent evidence under
Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness
to perform the duties of a licensee.
B. Qperating Manager Required. No licenses shall be granted to a corporation that
does not have an Operating Manager.
C. Real Party in Interest. No license shall be granted to a person who is the spouse
of a person ineligible for a license under this Chapter or who, in the judgment of the council, is
not the real party in interest or beneficial owner of the business operated, or to be operated, under
the license.
D. Residence Enuirements. A license will not be renewed if, in the case of an
individual, the licensee is not a resident of the State at the time of the date for renewal; if, in the
case of a partnership, the managing partner is not a resident of the State at the time of the
renewal; or in the case of a corporation, if the Operating Manager does not reside within 100
miles of the City of Arne at the time of the date of renewal. The time for establishing
residency within the State may, for good cause, be extended by the Council. (Ord. 98-31,
9102198)
E. Delinquent Taxes or Charges. No license shall be granted for operation on any
premises on which state, city or county taxes, assessments, or other financial claims of the state,
city, or county are delinquent and unpaid. Notwithstanding the foregoing, if the delinquent
Ordinance 2011-29
Page 239
taxes, assessments, or financial claims are against a landowner, and licensee is a tenant of
landowner and has no financial interest in landowner, then the Qty Council may, in its
discretion, but shall not be required to, grant a license to an applicant so long as the applicant is
not delinquent on any taxes, assessments, or financial claims as set forth herein.
1206.16. Conditions of Apyroval. At the time a license is issued pursuant to this Chapter
or a consumption and display permit is approved, the Qty Council may attach special conditions
to the approval based upon the nature of the business, the location of the business, and verified
complaints, if any, to protect the health, safety, welfare, and quietude of the community and
ensure harmony with the location where the business is located. Violation of any of the
conditions shall be grounds for revocation of the license.
1206.17 Distance from School. No on -sale or off -sale intoxicating liquor license, club
license, consumption and display permit, on -sale or off -sale 3.2 percent malt liquor license, or
wine license may be granted within the same block of any school or within 500 feet of any
school. The distance shall be measured from the freestanding parcel or lot upon which the
business to be licensed is located or from the exterior wall of the approved area leased or owned
by the business to be licensed within a shopping center to the nearest point of the parcel or lot
upon which the school is located. The erection of a school within the prohibited area after the
original license application has been granted shall not, in and of itself, render such premises
ineligible for renewal of the license.
1206.18. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's
special tax stamp or a federal gambling stamp.
1206.19. Revocation or Suspension of License. The Council may suspend or revoke any
license for the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal, or
failure to abide by the commitments, promises or representations made to the Qty Council.
B. Violation of any special conditions under which the license was granted,
including, but not limited to, the timely payment of real estate taxes, and all other charges.
C. Violation of any Federal, State, or local law regulating the sale of intoxicating
liquor, 3.2 percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or
on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to
the sale of intoxicating liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed
premises, but failed to report the same to the police.
Ordinance 2011-29
Page 240
G. Expiration or cancellation of any required insurance, or failure to notify the City
within a reasonable time of changes in the term of the insurance or the carriers.
1206.20. Inactive License. The Council may revoke the intoxicating liquor or 3.2
percent malt liquor license of any establishment granted a license that is not under construction
and exhibiting satisfactory progress toward completion within six months from its issuance, or
any establishment that ceases operation for a period of six months. A hearing shall be held to
determine what progress has been made toward opening or reopening the establishment and, if
satisfactory progress is not demonstrated, the Council may revoke the license.
1206.21. Hearin Ng otice. Revocation or suspension of a license by the Com} Council shall
be preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to
14.70. The Qty Council may appoint a hearing examiner or may conduct a hearing itself. The
hearing notice shall be given at least 10 days prior to the hearing, include notice of the time and
place of the hearing, and state the nature of the charges against the licensee.
1206.22. Presumptive Civil Penalties.
A. pMos e. The purpose of this Section is to establish a standard by which the Qty
Council determines 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 substantial reasons 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. When deviating from these standards, the Council will provide written
findings that support the penalty selected.
B. Minimum Penalties for Violations. The minimum penalties for convictions or
violations must be presumed as follows (unless specified, numbers below indicate consecutive
days' suspension):
The following violations 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.
(Ord. 2001-08, 212712001; Ord. 2009-16, 10/13/2009)
The following violations fall under this violation grid broken down by type of license.
• Sale of alcoholic beverages to under -age 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).
Ordinance 2011-29
Page 241
Type of License
1 st Violation
2nd Violation
3rd Violation
4th Violation
within 36 months
within 36
within 36
months
months
On -sale
$500 and
$1,000 and
$2,000 and
Revocation
intoxicating
5 days stayed
5 days suspension
10 days
Liquor
suspension
suspension
Off -sale
$500 and
$1,000 and
$2,000 and
Revocation
intoxicating liquor
3 days stayed
3 days
7 days
suspension
suspension
suspension
On -sale beer and
$500 and
$1,000 and
$2,000 and
Revocation
wine
5 days stayed
5 days suspension
10 days
suspension
suspension
Off -sale 3.2 malt
$1,000 and
$1,500 and
$2,000 and
Revocation
10 days stayed
10 days
20 days
suspension I
suspension
suspension
(Ord. 2011-11, 412612011)
Any violation not listed in the previous information would be heard by the Council and they
would review all information and circumstances and determine a penalty with the maximum fine
of $2,000 and/or 60 -day suspension or determine the license should be revoked.
First violations would be handled by an administrative hearing with the Police Chief or- his,41�
designee with the presumptive penalty given to license holders. License holders have the right to
request a hearing before the Gi4y Council if not in agreement with the presumptive penalty. The
Police Chief also has the right to request a hearing before the Council if he/she believes there
exists substantial reason making it appropriate to deviate from the presumptive penalty. If the
Police Chief and licensee agree on the presumptive penalty, these will be reported to the Gity
Council in a staff report. (Ord. 99-11, 5104/99; Ord. 2000-29, 8/08/2000; Ord. 2001-08,
212712001; Ord. 2009-16, 1011312009)
C. Multiple Violations. At a licensee's first appearance before the Council, the
Council must act upon all of the violations that have been alleged in the notice sent to the
licensee. The Council in that case must consider the presumptive penalty for each violation
under the first appearance column in subsection (B) above. The occurrence of multiple
violations is grounds for deviation from the presumed penalties in the Council's discretion.
D. Subsequent Violations. Violations occurring after the notice of hearing has been
mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second
appearance before the Council, unless the City Manager and licensee agree in writing to add the
violation to the first appearance. The same procedure applies to a second, third, or fourth
appearance before the Council.
E. Subsequent Appearances. Upon a second, third, or fourth appearance before the
council by the same licensee, the Council must impose the presumptive penalty for the violation
or violations giving rise to the subsequent appearance without regard to the particular violation
Ordinance 2011-29
Page 242
or violations that were the subject of the first or prior appearance. However, the Council may
consider the amount of time elapsed between appearances as a basis for deviating from the
presumptive penalty imposed by this Section.
F. Computation of Violations. Multiple violations are computed by checking the
time period of the three years immediately prior to the date of the most current violation. (Ord.
2000-29, 8/08/2000)
G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the
council to suspend up to 60 days, revoke the license, impose a civil fine not to exceed $2,000, to
impose conditions, or take any other action in accordance with law; provided, that the license
holder has been afforded an opportunity for a hearing in the manner provided in this Chapter.
(Ord. 98-2, 1/07/98, Ord. 2009-16, 10/13/2009)
Section 57. Amendment. Section 1211 of the City Code (Retail Sales Regulation) is
amended to read as follows:
1211.01. Right of Inspection.
A. Any Plymouth police officer or any properly designated officer displaying proper
identification shall have the unqualified right to enter, inspect, and search the premises of any
licensee hereunder without a warrant, during business hours or when owners, QReratin
mManagers, or other employees are located on the premises.
B. The business records of the licensee, including Federal and State tax returns, shall
be available for inspection by the City at all reasonable times upon written request.
1211.02. Responsibility of Licensee.
A. Orderly Conduct. Every licensee shall be responsible for the conduct on the
licensee's place of business including conduct and activity attributable to the business on
property owned or controlled by the licensee. Every licensee shall also cooperate with the City
in controlling activity attributable to the business in surrounding areas.
B. Act of Employee. The act of any employee in violation of this Chapter on the
licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all
penalties provided by this Chapter and other laws equally with the employee.
1211.03. Hours of Operation.
A. Hours and Days of Sale. Hours and days of sale shall be as allowed by state law.
There shall be no consumption or display of intoxicating or 3.2 percent malt liquor during the
hours that sale is prohibited by state law.
Ordinance 2011-29
Page 243
B. Non -employees on Premises. A liquor licensee shall not allow non -employees on
the business premises from 15 minutes after the sale of intoxicating liquor is prohibited until the
sale is again permitted except as hereinafter provided. On -sale intoxicating liquor licensees and
on -sale 3.2 percent malt liquor licensees may permit non -employees on the premises during its
normal hours of operation when the sale of intoxicating and 3.2 percent malt liquor is prohibited,
provided, that there be no sale, consumption, or display of intoxicating or 3.2 percent malt liquor
during the hours in which the sale or consumption of liquor is prohibited, and provided that the
licensee has closed off all access to the bar area in a manner approved by the City.
1211.04. Posting License. All liquor licensees shall have the license posted in a
conspicuous place that is visible to the public in the licensed establishment at all times.
1211.05. Building hanges. Proposed enlargement or substantial alteration which changes
the character of the establishment, or extension of premises previously licensed shall be reported
to the City Clerk at or before the time application is made for a building permit for any such
change. The enlargement, substantial alteration or extension shall not be allowed unless the
Council approves an amendment to the license.
1211.06. Public Character of Liquor Sales. No sale of liquor shall be made to or in guest
rooms of hotels unless:
1. The rules of such hotel provide for the service of meals in guest rooms;
2. The sale of such liquor is made in the manner on -sales are required to be made;
3. Such sale accompanies and is incidental to the regular service of meals to guests
therein;
4. The rules of such hotel and the description, location, and number of such guest
rooms are fully set out in the application for the liquor license.
1211.07. Restrictions Involving Underage Persons.
A. No licensee, his agent, or employee shall serve or dispense upon the licensed
premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor
shall such licensee, or his agent or employee, permit any such person to be furnished or allowed
to consume any such liquors on the licensed premises; nor shall such licensee, his agent, or
employee, permit any such person to be delivered any such liquors.
B. No person under the legal drinking age shall enter a licensed premises for the
purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person
who has attained the age of 18 years to enter licensed premises for the following purposes:
1) to perform work for the establishment, including the serving of alcoholic
beverages, unless otherwise prohibited by statute;
2) to consume meals; and
3) to attend social functions that are held in a portion of the establishment where
liquor is not sold.
Ordinance 2011-29
Page 244
C. No person under the legal drinking age shall consume or receive delivery of
intoxicating or 3.2 percent malt liquor except in the household of the minor's parent or guardian,
and then only with the consent of such parent or guardian.
D. No person under the legal drinking age shall possess any intoxicating or 3.2
percent malt liquor. Possession of an alcoholic beverage by a person under the legal drinking
age at a place other than the household of the parent or guardian is prima facie evidence of intent
to consume it at a place other than the household of the person's parent or guardian.
E. Misrepresenting Age. No underage person shall misrepresent the person's age for
the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter
any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the
purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall any
such person purchase, attempt to purchase, consume, or have another person purchase for the
underage person any intoxicating liquor or 3.2 percent malt liquor.
F. Identification Requirements.
1. Identification Required. Any person shall, upon demand of the licensee, his
employee, or agent, produce and permit to be examined one of the forms of identification
provided under Minnesota Statutes 340A.503, Subdivision 6.
2. Prima Facie Evidence. In every prosecution for a violation of the provisions of
this section relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt liquor
beverages to underage persons and in every proceeding before the Council with respect thereto,
the fact that the underage person involved has obtained and presented to the licensee, his
employee or agent, a driver's license, passport or identification card from which it appears that
said person was not an underage person and was regularly issued such identification card, shall
be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of
such a provision and shall be conclusive evidence that a violation, if one has occurred, was not
willful or intentional.
1211.08. Employment of Persons Under Eighteen Years of Age. No person under 18 years
of age may serve or sell intoxicating liquor in a retail intoxicating liquor establishment.
1211.09. Prohibited Conditions.
A. Prostitution. No licensee shall knowingly permit the licensed premises or any
room in those premises or any adjoining building directly under the licensee's control to be used
by prostitutes.
B. Controlled Substances. No licensee shall knowingly permit the sale, possession
or consumption of controlled substances on the licensed premises in violation of state law.
C. Gambling. Gambling and gambling devices are not permitted on licensed
premises (except for premises licensed for on -sale intoxicating liquor). State lottery tickets may
Ordinance 2011-29
Page 245
be purchased and sold within licensed premises as authorized by the director of the state lottery.
(Ord. 2003-02, 1/28/2002)
D. Nudity. Subdivision 1. No licensee, owner, or manager of any liquor
establishment licensed pursuant to this chapter, shall permit or allow in such establishment any
Nudity, Sadomasochistic Abuse, Sexual Conduct or Sexual Excitement as defined:
1) "Nudity" means the showing or exposing of the post -pubertal human male
or female genitals, pubic area or buttocks with less than a fully opaque covering,
or the showing of a postpubertal female breast with less than a fully opaque
covering of any portion thereof below the top of the nipple or the showing of
covered male genitals in a discernibly erect or sexually excited state.
(2) "Sadomasochistic Abuse" means scenes involving a person or persons, any
of whom are nude, clad in undergarments or in sexually revealing costumes, and
who are engaged in activities involving the flagellation, torture, fettering, binding
or other physical restraint of any such persons.
(3) "Sexual Conduct" means acts of masturbation, sexual intercourse, or
physical contact with a person's unclothed genitals, pubic area, buttocks or, if
such a person is female, her breast.
(4) "Sexual Excitement" means the condition of the human male or female
genitals or the breasts of the female when in a state of sexual stimulation or the
sensual experience of humans engaging in or witnessing sexual conduct or nudity.
1211.10. Ownership of Equipment. No equipment or fixture in any licensed place shall be
owned in whole or in part by any manufacturer or distiller except such as shall be expressly
permitted by state law.
1211.11. Display of Liquor. No on -sale liquor establishment shall display liquor to the
public during the hours when the sale of liquor is prohibited.
1211.12. Delivery.
A. Restrictions. Only licensed off -sale retail liquor establishments and no other
dealers may make deliveries of intoxicating liquor from their stores to the residence of the
purchaser or other location. Such delivery shall be made only to a person 21 or more years of
age. No deliveries may be made to a beer tavern or other public or private place in violation of
law. No deliveries may be made to purchasers in any location where the sale or delivery thereof
is prohibited by law. No deliveries may be made of any intoxicating liquor during the hours
when off -sale of liquor is prohibited by state law or municipal ordinance. Only alcoholic
beverages ordered and packed at the store for delivery shall be carried in the delivery vehicle.
B. Delivery Tickets Required. The person in charge of any vehicle delivering
intoxicating liquor to purchasers shall carry an invoice or delivery slip stating the date and names
Ordinance 2011-29
Page 246
and addresses of the seller and purchaser, itemizing the number, size, and brands of intoxicating
liquor to be delivered. Upon delivery, the invoice shall be signed by the person accepting
delivery and by the deliverer and the signed copy preserved on the retainer's premises for a
period of six months.
C. Licensee May Refuse to Deliver. Any licensee, or employee or agent of the
licensee, may refuse to sell or deliver intoxicating liquor to any person whom they have reason to
believe is ineligible to buy such liquor, or whom they have reason to believe intends to deliver
the intoxicating liquor to ineligible consumers. They may require a person of doubtful age to
produce written evidence of being 21 or more years of age.
1211.13. Samples. Off -sale licensees may provide samples of malt liquor, wine, liqueurs,
cordials, and distilled spirits which the licensee currently has in stock and is offering for sale to
the general public without obtaining an additional license, provided the wine, liqueur, cordial,
and distilled spirits samples are dispensed at no charge and consumed on the licensed premises
during the permitted hours of off -sale in a quantity less than 100 milliliters of malt liquor per
variety per customer, 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or
cordial, and 15 milliliters of distilled spirits per variety per customer.
(Ord. 98-2, 1/0 7198)
Section 58. Amendment. Section 1310 of the City Code (Parking Regulations) is
amended to read as follows:
1310.01. General Rules. Subdivision 1. Parallel to Curb. Vehicles must be parked or
stopped parallel with the edge of the roadway, headed in the direction of traffic, with the curb-
side wheels of the vehicle within 12 inches of the edge of the roadway, and not closer than four
feet to another vehicle parked at the curb.
Subd. 2. Where No Curb. Upon streets and highways not having a curb, a vehicle
stopped or parked must be stopped or parked parallel with and to the right of the paved or
improved or main traveled part of the street or highway.
Subd. 3. One -Way Roadway. On a one-way roadway, a vehicle must be parked with the
front of the vehicle facing in the same direction on the one-way street as the traffic thereof is
permitted to pass.
Subd. 4. Angle Parking. Upon those streets which have been marked or signed for angle
parking, vehicles must be parked at the angle to the curb indicated by such marks or signs.
Subd. 5. Boulevard Defined. For the purposes of this Section, the term "Boulevard"
means the area between the adjacent property line and the portion of a roadway improved for
public traffic.
Ordinance 2011-29
Page 247
Subd. 6. Parking Defined. For purposes of this Section, the term "Park" includes the
terms "stand," "standing, "stop" and "stopping".
1310.03. Parking Prohibited. Subdivision 1. Specified Places. A vehicle may not be
parked, whether attended or unattended, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or traffic control device in any of
the places specified in this Subsection. This Subsection does not apply to City vehicles while on
official City business when it is reasonably necessary for the City vehicles to be parked in a
manner that would otherwise be in violation of this subsection.
Subd. 2. On a sidewalk or Boulevard.
Subd. 3. In front of a public or private driveway or alley or within five feet of the
intersection of any public or private driveway or alley with any street or highway.
Subd. 4. Within an intersection.
Subd. 5. Within 10 feet of a fire hydrant.
Subd. 6. On a crosswalk.
Subd. 7. Within 20 feet of a crosswalk at an intersection.
Subd. 8. Within 30 feet upon the approach of any flashing school signal, stop sign, traffic
control signal, or school sign at the side of a roadway.
Subd. 9. Within a designated or marked Bus Stop.
Subd. 10. Within a 50 foot distance of the nearest rail of a railroad crossing.
Subd. 11. Within 20 feet of the driveway entrance to any fire station and on the side of a
street opposite to the entrance to any fire station within 75 feet of said entrance when properly
sign -posted.
Subd. 12. Alongside or opposite any street excavation or obstruction when such
stopping, standing or parking would obstruct traffic.
Subd. 13. Upon any bridge or approach or other elevated structure upon a street or
highway or within a street or highway tunnel, except as otherwise provided by this Code.
Subd. 14. At any place where temporary signs prohibit parking as long as such signs are
in place.
Subd. 15. In a manner:
(a) sSo as to block a fire escape or the exit from any building; or
Ordinance 2011-29
Page 248
(b) sContrary to an order to proceed by a peace officer directing, controlling, or
regulating traffic; or
(c) }In violation of any other parking regulations of this Code.
Subd. 16. Other Acts Prohibited. It is unlawful for any person to move a vehicle not
owned by him into any prohibited parking area or away from the curb to an unlawful distance.
1310.05. Other Parking Restrictions. Subdivision 1. Disabled Vehicles. The provisions of
this Section relating to stopping, standing and parking shall not apply to the driver of any vehicle
which is disabled for a reasonable time while on the paved or improved or main traveled portion
of a street or highway in such manner and to such extent that it is impossible to avoid stopping
and temporarily leaving such disabled vehicle in such position.
Subd. 2. No Parking Zones. It is unlawful to stop, stand or park a vehicle, except as
otherwise provided or unless directed to do so by a police officer, on any street or highway where
the Qty Council has established a No Parking Zone and such zone is marked by sign or yellow
curb.
Subd. 3. Off Street Parking. It is unlawful to park a vehicle in any industrial,
commercial or multiple or single dwelling area where off-street parking area or truck standing
spaces are provided. Vehicles shall use designated area for parking, loading or unloading.
Subd. 4. City Parks and Other Public Property. No person shall stop, stand, or park a
vehicle in any place in a public park or on other public property except in designated parking
areas, or in violation of any official posted sign. (Ord. 98-1, 1/07/98)
Subd. 5. Snow Emergency. After a snowfall of at least 2.5 inches in the City, parking is
prohibited on any public street or alley until and after that particular street or alley has been
plowed and the snow removed to the curb line. It is unlawful to deposit snow or ice, plowed or
removed from private property, onto the traveled portion of a street, alley or public way.
1310.07. Parkin Times. imes. Subdivision 1. General Rule. A vehicle may not be parked
within the City on any public street or alley for a continuous period of time in excess of 12 hours
provided, however, that no vehicle may be parked or remain parked on any street between the
hours of 2:00 a.m. and 5:00 a.m. except where such parking is required in response to a police,
fire or medical emergency.
Subd. 2. Trucks. A truck may not be parked on any public street, avenue, alley, or other
public way for a period more than necessary for loading or unloading in the due course of
business but in no event for a period of longer than 30 minutes except where such truck is
directly ancillary to ongoing building construction. Trucks parked under this provision are
subject to Subdivision 1. For purposes of this Section, the term "truck" means a self-propelled
motor vehicle not operated on rails, having a capacity of one and one-half tons or more, or any
tractor or trailer or combination thereof.
Ordinance 2011-29
Page 249
1310.09. Parking in Front of Public Buildings. No person shall stop, park or leave standing
any vehicle on any street in front of the entrance to, or exit from, any church, hospital, school,
theater, dance hall, hotel or motel for the full width of such entrance or exit during the hours that
such buildings are in use by the public. Upon approval by the Chief e Police Chief, the owner
of any such building used for any of such purposes shall cause to be placed at such entrance or
exit one hour before such building is opened to public use proper, adequate and visible signs
giving notice to the public that parking is prohibited during the hours of such public use. Such
signs shall be removed when such public use of the building ceases.
1310.11. Towaway of Vehicles; Contractors. Subdivision 1. General Rule. A vehicle
parked in violation of this Code may be removed from any public street, alley or public way or
grounds by any police officer or City official. The owner or driver of the vehicle shall be
notified, if present or readily available, to remove the vehicle. Otherwise the vehicle may be
towed away to any garage, service station or other place of safekeeping and impounded as herein
provided, to facilitate snow removal, street maintenance, the orderly flow of traffic, fire fighting,
or other lawful purpose. The owner shall pay the costs of such towing and storage. The removal
of a vehicle by or under the direction of the police officer or other City official does not prevent
the prosecution of a violation of this Section.
Subd. 2. Proposals for Towing Contractors. The City Manager shall solicit proposals
from persons desiring to act as towing contractors for vehicles impounded under this Section,
and the Council may, by resolution, accept the proposal
Subd. 3. Contract and Bond. Contracts with towing contractors shall be for a period of
not exceeding three years which shall set forth the fees to be paid and the services to be rendered
by such contractors. No person shall act as towing contractor for the City before entering into
such a written contract with the City, and filing with the City Clerk a bond in the sum of $10,000
which corporate surety, conditioned upon (1) the proper handling and safekeeping of impounded
vehicles, accessories, and personal property during the period of impounding prior to delivery
thereof to the City and the owner; (2) reimbursement to the City and owners for damage to or
loss thereof, (3) to guarantee of payment to the City for fees due the City under the contract, and
(4) guaranteeing the performance of said contract. The bond shall be approved by the City
Attorney as to form and execution.
Subd. 4. Taking Possession, Towing and Release. The towing contractor shall take
immediate possession of any vehicle duly ordered impounded and shall tow such vehicle to the
impounding place. No such vehicle shall be released without authorization by the Police Chief.
(Ord. 2001-08, 2/27/2001)
Subd. 5. Towing and Storage Charges. The towing and storage charge in connection
with the impounding of any vehicle shall not exceed the amount agreed upon in any current
contract between the City and a duly appointed towing contractor. A true and correct copy of
said contract shall be on file in the office of the Chief € Police Chief and the City Clerk for
public inspection and reference. The towing and storage charges shall include $5 per vehicle for
clerical and administrative expenses of the City. The City shall bill the towing contractor on the
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first of each month for such expenses. Sums due the City for each vehicle shall be paid by the
towing contractor to the Administrative Services Director within
10 days following the date of such bill, together with detailed records regarding all such service
requests.
Subd. 6. Charge When Owner Appears Before Towing. When a request has been made
by the Police Department for the towing and impounding of a vehicle on account of a parking
violation, and when the owner or operator thereof appears before such vehicle is in transit via
towing equipment to the impoundment location, the tow truck operator shall release said vehicle
to the owner or operator upon the payment of a service fee not to exceed $12. Upon the payment
of such service fee the towing contractor shall give to the owner or operator of the vehicle a
receipt for such payment which includes $5 for the City as provided in Subdivision 5.
Subd. 7. Towing Contractor to Notify Owner. The towing contractor shall give notice of
the impounding of such vehicle to the owner of such vehicle as shown by the records of the
Minnesota Division of Motor Vehicles by telephone immediately upon the receipt of such
vehicle, if possible, and if it is not possible shall notify the owner by registered mail within 24
hours after the receipt thereof. The towing contractor shall ascertain the identity of all parties
with a financial interest in every vehicle held for 10 days or more. The towing contractor shall
notify all such parties in addition to the owner by registered or certified mail with return receipt
requested of the continued impoundment of such vehicle within 15 days of its initial towing.
The towing contractor shall keep a log showing all efforts made by telephone to contact the
owner of such vehicle. The log, together with copies of all required written notices, shall be
maintained by the towing contractor for a period of three years from the date of such call or
written communication.
Subd. 8. Storage of Impounded Vehicles. Any vehicle directed to be impounded as
herein provided, from the time it is taken possession of by the towing contractor and during the
time it is impounded, and until the same is released to the owner or authorized representative as
herein provided, shall be considered to be in the custody of the law. No work may be done
thereon by the towing contractor, nor may the towing contractor permit anyone to do any work
thereon except the impounding and storage thereof by the towing contractor until the vehicle has
been released to the owner as herein provided. All such vehicles when ordered released by the
Police Chief shall be released without other charge except the impounding and storage fees
herein provided. All vehicles which have been involved in criminal proceedings, and which are
designated by the Police Department as being held for that reason, shall be held and stored in
inside garages. Vehicles impounded for other reasons may be stored in inside garages or on
designated parking lots. (Ord. 2001-08, 2/27/2001)
Subd. 9. Release Form. At the time of return of the vehicle, the towing contractor shall
release the same by a release in writing which shall state the date of such release together with
the charges enumerated thereon and the purpose for which such charges were made. Such
release shall be made in one original and three copies, all of which shall be signed by the towing
contractor and the person to whom such release is made. The towing contractor shall retain the
original of such release and shall deliver one copy thereof to the owner of the vehicle and two
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copies to the Police Department. Of such two copies, the Police Department shall deliver one to
the Administrative Services Director.
Subd. 10. Damaged Vehicles. The towing contractor may not solicit, directly or
indirectly, the impounding or towing of vehicles under this section. This prohibition does not
apply to privately ordered tows, provided that the towing contractor makes no implied or express
representation that such tow is on the authority of the City of P15%ne or its ordinances. There
are no impoundment or impoundment fees in the event of a disabled vehicle whose owner or
authorized operator requests a tow to any location other than the premises of the towing
contractor. Fees for such services are not regulated by this Code.
Subd. 11. Sale of Vehicle Where Owner Cannot be Identified. If any such vehicle is
found or recovered under circumstances which do not give the Police Department or the towing
contractor knowledge or means of inquiry as to the true owner thereof, the Police Department
shall immediately report such facts in writing to the City Manager, and the vehicle shall be
disposed of as an abandoned vehicle pursuant to Section 1315 of this Code.
Subd. 12. Report of Police Officer. A police officer or other authorized person directing
the impounding of an unoccupied or damaged vehicle shall prepare a written report of the
description of such vehicle, which report shall, among other things, include the following: Make
of car; license number, motor number; number of tires; tools and other separate articles of
personal property; general description of the car with regard to condition, damaged parts, and
such other information as may be necessary to describe adequately the vehicle and property
delivered to the towing contractor. A copy of such report, signed by the officer or officers, shall
be delivered to the towing contractor at the time of impounding. An original copy of report shall
be kept on file in the Police Department. A copy shall be delivered to the City
Dir-eaterAdministrative Services Director.
Subd. 13. Liability and Property Damage Insurance. The towing contractor must carry,
at his own expense, public liability, property damage, fire and theft, and public garage keepers'
liability insurance in a good reliable insurance company licensed to do business in the State of
Minnesota, and which shall include the City as a named insured, and all of which shall contain
coverage in an amount of not less than $100,000 for injury to any one person and not less than
$300,000 total injury in any one accident, and not less than $10,000 fire and theft, $25,000 for
damage to property, and $5,000 garage keepers' insurance and shall furnish and file with the City
Clerk a policy or certificate of such insurance of the insurer which shall contain a clause
providing for a 10 day notice to the City before cancellation. If any bond or policy of insurance
required herein is canceled, the towing contractor, before date of cancellation, shall fizrnish and
file a similar new certificate. Failure to comply with the provisions hereof shall automatically
suspend the contract as of the date of the cessation of any such bond or liability, property and fire
insurance coverage. In the event of cancellation of any policy, the towing contractor shall not be
authorized to act as towing contractor for the City unless and until he shall fizrnish and file a new
bond or insurance policy or certificate evidencing insurance to replace the canceled policy.
1310.13. Certain Vehicles Declared a Public Nuisance. Any vehicle whether occupied or
not that is found stopped, standing or parked in violation of this Code, or that is reported stolen,
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or that is found impeding firefighting, snow removal, or the orderly flow of traffic is hereby
declared a public nuisance, and may be abated in the manner set forth. The City Manager, any
police officer, or other duly authorized person may immediately order the vehicle to be removed
and impounded in the manner provided in this Section, and the vehicle shall be surrendered to
the duly identified owner thereof by the towing contractor only upon payment of the fees
provided in this Section, which are declared to be the vehicle pound fees covering the same.
1310.15. Parking, Handicapped; Prohibition. No person shall park, obstruct, or occupy
with a motor vehicle any parking space, on public or private property, designated and posted as
parking space for handicapped persons pursuant to the State Building Code unless the vehicle
has prominently displayed upon it an insignia or certificate issued by the Division of Motor
Vehicles in the State Department of Public Safety pursuant to Minnesota Statutes, Section
169.345(3), as amended.
1310.16 Handicapped Transfer Zones. As allowed in Minnesota Statutes, Section 169.346
(2), it is unlawful for a person to park a motor vehicle in or obstruct access to an area designated
by a local governmental unit as a transfer zone for disabled persons. The Oity Council may
designate areas on public or private property as transfer zones by resolution. These areas must
be posted as such. These areas are designated for the unloading of disabled persons as long as
the vehicle is attended and moved immediately after the unloading, and for access to curb cuts
from authorized handicapped parking spaces. (Ord. 2000-24, 6/27/2000)
1310.17. Posting of Signs for Physically Disabled Parkin. The owner or manager of any
property on which parking spaces or transfer zones are required to be reserved for physically
disabled persons pursuant to this Code or State law must post a sign designating such parking
spaces and/or transfer zones as reserved for physically disabled persons. The sign must contain
the international symbol of access in white on blue indicating that the parking space or transfer
zone is reserved for disabled persons with vehicles displaying the required certificate, license
plate, or insignia and indicating that violators are subject to a fine of up to $200. The sign must
be posted in a manner to make it visible from inside a vehicle parked in the space and must be
kept clear of snow or other obstructions which block its visibility. Any owner or manager of
property failing to post the sign required by this subsection shall be fined up to $200. Each day
that a sign is not properly posted shall constitute a separate offense. (Ord. 2000-24, 6/27/2000)
Section 59. Repeal. Section 1320 of the City Code (Driver's Licenses and Registration
of Motor Vehicles) is hereby repealed:
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Section 60. Amendment. Section 1335 of the City Code (Snowmobile Regulations) is
amended to read as follows:
1325.01. State Laws and Regulations Adopted by Reference. Subdivision 1.
Snowmobile Law. The State Statutes regarding snowmobiles, Minnesota Statutes Section 84.81
et seq., as amended, are adopted by reference and are as much a part of this Code as if fully set
forth herein. (Ord. 2000-32, 10/10/2000)
Subd. 2. Department of Natural Resources Rules. The State rules regarding
snowmobiles, found in Minnesota Rules Chapter 6100, as amended, are adopted by reference
and are as much a part of this Code as if fully set forth herein. (Ord. 2000-32, 10/10/2000)
Subd. 3. Violations. A violation of the Statutes or Rules herein adopted by reference is a
violation of this Code.
1325.03. Additional Regulations. Subdivision 1. Purpose. In accordance with the
authority granted by Minnesota Statutes, Section 84.87, as amended, the City of Plymouth enacts
the additional regulations contained in this Subsection.
Subd. 2. Operation Prohibited. It is unlawful for any person to operate a snowmobile:
(a) On public right-of-ways including but not limited to streets, sidewalks, and
ditches, except designated snowmobile trails, as authorized by this section or
resolution of the Gity Council; (Ord. 94-17, 10/03/94; Ord. 2000-32, 10/10/2000)
(b) On private property without lawful authority or written consent of the owner or
occupant; (Ord. 94-17, 10/03/94; Ord. 95-6, 1/17/95))
(c) On private property within 100 feet of any dwelling without lawful authority or
written consent of the owner or occupant; (Ord. 95-6, 1/17/95)
(d) On any publicly owned lands, including but not limited to cemeteries, school
grounds, park property, playgrounds, recreation areas and golf courses, except
areas previously listed or authorized for such use by the proper public authority.
Authorized areas in the City owned by the City of Plymouth shall be designated
by Council resolution. (Ord. 2000-32, 10/10/2000)
Subd. 3. Operation Authorized. It is lawful for a person to operate a snowmobile:
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(a) On public frozen waters within the City limits, when access can be legally
obtained, except within 50 feet of any ice skating rink or shoreline structure such
as a dock or boathouse.
(b) On the following designated snowmobile trails:
1. The State Snowmobile Trail along State Highway 55, from Fernbrook
Avenue west to the City limits.
(c) On any public property for rescue, emergency, or law enforcement purposes.
Subd. 4. (Repealed by Ord. 2004-19, 8/24/2004)
Subd. 5. Towing. It is unlawful to tow any person or thing by snowmobile except by use
of a rigid tow bar attached to the rear of the snowmobile.
Subd. 6. Sneed. It is unlawful to operate a snowmobile at a speed greater than ten miles
an hour when within 100 feet of any lakeshore (except in channels), fishermen, skaters,
pedestrians, ice houses, skating rinks, and/or sliding areas. It is unlawful to operate a
snowmobile at a speed greater than 10 miles an hour where the operation would conflict with the
lawful use of property or would endanger other persons or property. It is unlawful to operate a
snowmobile at a speed greater than 10 miles an hour on any residential road where snowmobile
use is authorized.
Subd. 7. Dead -Man Throttle. It is unlawful to operate a snowmobile without a safety or
so-called "dead -man" throttle in operating condition, so that when pressure is removed from the
accelerator or throttle, the motor is disengaged from the driving track.
Subd. 8. Leaving Snowmobiles Unattended. Every person leaving a snowmobile in a
public place shall lock the ignition, remove the key and take the same with him or her.
Subd. 9. Hours of Operation. Snowmobiles can only be operated within the City of
NrBeutk between the hours of 7:00 a.m. and 10:00 p.m.
(Ord. 98-40, 11118/98, Ord. 2000-32, 10/10/2000; Ord. 2004-19, 8/24/2004)
1325.05. Authorized Rallies, Meets, Races and Gatherings. The C44y Council may, upon
application to it, authorize the holding of snowmobile rallies, meets, races and gatherings within
the City. The application shall specify the dates, times and places of such rallies, meets, races
and gatherings, the person or persons sponsoring such event, and a description of the activity to
be allowed and permitted. No fee shall be charged for such authorization. The Qty Council may
waive any provision of Subsection 1325.03 in granting the authorization and may impose such
conditions on the authorization as it deems necessary to protect the public safety. (Ord. 2000-32,
10/1012000)
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Section 61. Amendment. Section 1330 of the City Code (Recreational Vehicles) is
amended to read as follows:
1330.01. State Law Adopted. Minnesota Statutes, Sections 84.92 through 84.9298 as now
existing, or as hereafter amended are adopted by referenced and are as much a part of this Code
as if fully set forth herein.
1330.03. Use of Recreational Motor Vehicles. Subdivision 1. Rules. It is unlawful for any
person to operate or knowingly permit the operation of a Recreational Vehicle:
(a) On the private property of another without lawful authority or consent of
the owner of such property.
(b) On public sidewalks, walkways or trails provided or used for pedestrian
travel.
(c) On or across park lands, ice skating rinks whether on lakes or flooded, nor
shall such vehicles park on such area unless a permit to do so has been obtained
from the City or unless such areas have been specially designated for such use.
(d) On any publicly owned lands or frozen waters, including but not limited to
school grounds, playgrounds, recreation areas and golf courses unless a permit
has been obtained from the proper public authorities or unless such areas have
been specially designated for such use.
(e) While under the influence of alcohol, controlled substances, or a
combination of both.
(f) At a speed greater than reasonable and proper under all the surrounding
circumstances.
(g) At any place in a careless, reckless or negligent manner so as to endanger
the person or property of another or to cause injury or damage thereto.
(h) In any cemetery.
(i) In any planting or tree nursery in a manner which damages or destroys
growing stock.
(Ord. 98-40; 11 /18/98)
Subd. 2. All -Terrain Vehicles.
(a) Except as provided in this subdivision, no person shall operate or
knowingly permit the operation of an All -Terrain Vehicle upon any street or
highway within the City, including any portion of the right of way.
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(b) Nothing in this subdivision shall be interpreted to prohibit the operation of
an All -Terrain Vehicle on the outside slope of a trunk, county state -aid, or county
highway within the City.
Subd. 3. Violation of Subdivisions 1(e) or (g), or Subdivision 2, of this Subsection, is a
Misdemeanor. Violation of any other provision of Subdivision 1 is a Petty Misdemeanor.
Section 62. Amendment. Section 1335 of the City Code (Watercraft, Lakes and Waters)
is amended to read as follows:
1335.01. Boat and Water Safety Act and Rules Adopted. Subdivision 1. Minnesota
Statutes, Chapter 86B, Water Safety, Watercraft, and Watercraft Titling and Boat and Water
Safety Rules 6110.0100 - 6110.2300, as amended, are adopted by reference and are as much a
part of this Code as if fully set forth herein. A violation of the Statute or any Rule herein adopted
is a violation of this Code.
Subd. 2. Enforcement, emergency, resource management, and other governmental
personnel or authorized contractors are exempted from this Section when performing official
duties or authorized work.
1335.03. Mooney Lake and Lost Lake: Special Provisions. The following additional
regulations and limitations are hereby imposed upon watercraft operated, placed or maintained in
or upon Mooney Lake or Lost Lake:
(a) No person shall operate, place or maintain a watercraft which is propelled
by an internal combustion engine having a size and power in excess of five
horsepower.
(b) Each watercraft shall be equipped so as to direct its motor exhaust under
water, or otherwise completely and effectively to muffle and silence the sound of
the explosions of such motor. No watercraft shall otherwise make any
unnecessary noise in its operation.
(c) No person shall operate a watercraft between the hours of 8:00 p.m. and
8:00 a.m.
(d) No person in charge of or occupying a watercraft shall dump or throw
garbage, paper, bottles, cans, refuse or debris into the lakes.
1335.05. Hadley Lake: Special Provisions. Subdivision 1. Motor Boats Prohibited. It is
unlawful for any person to operate a motorized watercraft on Hadley Lake.
Subd. 2. Debris. It is unlawful for any person in charge of or occupying a boat on
Hadley Lake to dump or throw garbage, paper, bottles, cans, refuse or debris into Hadley Lake.
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1335.07. Pike Lake; Special Provisions. Subdivision 1. Maple Grove City Code Section
760, entitled "Lake Use Regulations," as amended, is adopted by reference and is made a part of
this Code as if fully set forth herein and shall be used for the regulation of that part of Pike Lake
lying within the boundaries of the City, except as set forth herein.
Subd. 2. Definitions. For the purpose of this Subsection, the following terms shall have
the meanings set forth unless the context clearly indicates otherwise:
(a) "City" means the City of Plymouth, Minnesota.
(b) "Council" means the City Council for the City of Plymouth.
(c) "Lake" means that part of Pike Lake lying within the boundaries of the
City.
Subd. 3. Watercraft Speed. For the purpose of this Subsection, no person shall operate a
watercraft at a speed which exceeds 15 miles per hour. The interconnecting channel between
Eagle Lake and Pike Lake shall be traveled at a slow, no -wake speed.
1335.09. Medicine Lake; Special Provisions. Subdivision 1. Purpose. Pursuant to Minn.
Statutes 86B.201-205, 459.20, and Minnesota Rules Parts 6110.3000-6110.3700, it is the purpose
of this ordinance to regulate the operation and speed of watercraft on Medicine Lake.
Subd. 2. Definitions. The following words and phrases when used in this ordinance have
the meanings set forth below:
"Operate " means to navigate or otherwise use a watercraft.
"Persons " includes in individual, partnership, corporation, or any body of persons
whether incorporated or formed into an association or not.
"Slow -no wake "means the operation of a watercraft at the slowest possible speed
necessary to maintain steerage and in no case greater than 5 mph.
"Watercraft" has the meaning given in Minnesota Statutes 86B.005, Subd. 18.
Subd. 3. Re lgu ation. No person shall operate a watercraft at greater than slow -no wake
speed on Medicine Lake whenever the water level exceeds 889.4 feet and remained at that level
for at least three consecutive days. The slow -no wake restriction shall remain in place until the
lake level drops to 889.4 feet or below for at least three consecutive days. (Ord. 2001-05,
2/13/2001)
Subd. 4. Exemptions. Authorized resource management, emergency and enforcement
personnel, when acting in the performance of their duties, shall be exempt from the provisions of
this ordinance.
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Subd. 5. Markin. The City Staff Staff from the cities of Plymouth and Medicine Lake
shall be responsible for informing the public, posting notification at all public accesses, and
marking or buoying areas affected by this ordinance as necessary to give reasonable notice of the
speed restriction of this section.
Subd. 6. Enforcement. Primary responsibility for the enforcement of this ordinance shall
rest with the Hennepin County Sheriff's Department, including both licensed and special
deputies. This, however, shall not preclude its enforcement by other licensed peace officers.
(Ord. 2001-05, 2/13/2001)
Subd. 7. Penalties. Any person who shall violate any of the provisions of this ordinance
shall be guilty of a misdemeanor.
(Ord. 99-19, 6/22/99)
Section 63. Amendment. Section 1400 of the City Code (Maintenance and Use of
Parkers Lake Cemetery) is amended to read as follows:
1400.01. Location; Plat; Prohibition of Other Cemeteries. A cemetery has been established
and is continued upon land owned by the City and legally described as follows:
Lot 1, Block 1, "Parkers Lake Cemetery".
A plat of the cemetery, as prepared by McCombs -Knutson Associates, Inc., surveyor, and placed
on file in the office of the City Clerk, is the official plat of the cemetery which shall be called
"Parkers Lake Cemetery." No person shall lay out or establish any cemetery, or use any lot of
land within this City for the burial of the dead, except in Parkers Lake Cemetery, or some other
tract of land duly designated as a cemetery by ordinance.
1400.03 Superintendent of Cemetery Duties. The City Manager shall appoint a
superintendent who shall have control and management of the cemetery, be responsible for its
maintenance and improvement, and shall have such other powers and duties as are prescribed by
law or this Code, or by the City Manager.
1400.05. Sale of Lots. The prices of cemetery lots and other services is hereby fixed at
$185 per lot plus $115 for perpetual care. Any person paying the price thus fixed for any lot
shall be entitled to a deed conveying the same executed by the City Manager and City Clerk.
The purchaser shall expressly agree in the deed that his rights are subject to such ordinances and
regulations as the Council may adopt relative to the use of the cemetery. No lot shall be used for
any purpose other than the burial of human remains and the placing of appropriate materials.
Subd. 1. It is the duty of the plot owner to notify the City Clerk of any change in
their post office address. Notice sent to a plot owner at the last address on file in the cemetery
records shall be sufficient and proper legal notification.
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Subd. 2. No easement or right of interment is granted to any plot owner in any
road, drive, alley, or walk within the Parker's Lake Cemetery, but such road, drive alley, or walk
may be used as a means of access.
Subd. 3. The City reserves, and shall have, the right to correct any errors that may
be made by it either in making interments, disinterments or removals, or in the description,
transfer or conveyance of any interment property, either by canceling such conveyance and
substituting and conveying, in lieu thereof, other interment property of equal value and similar
location as far as possible or as may be selected by the City, or in the sole discretion of the City,
by refunding the amount of money paid on account of said purchase. In the event such error
shall involve the interment of the remains of any person in such property, the City reserves, and
shall have, the right to remove or transfer such remains so interred to such other property of
equal value and similar locations as may be substituted and conveyed, in lieu thereof.
1400.07. Transfer of Lots. No cemetery lot or fractional lot may be resold or otherwise
disposed of, except by will, or subdivided, without the approval of the City Manager, and the
City retains the first option to repurchase the cemetery lot or fractional lot at the original sale
price. No lot will be permitted to be resold, disposed of, or otherwise used until the purchase
price and all unpaid charges have been paid in full. A lot owner may dispose of its lot by will to
any of his relatives who may survive him or to the cemetery in bust, for the use and benefit of
the persons designated in the will, but no such lot shall be affected by a testamentary device
unless the same be specifically mentioned in the will and by such device limited to one particular
person. Lot owners may not allow interments to be made on their lots for remuneration. When a
transfer has been made in conformity with these rules, the City will issue a deed to the new
owner upon surrender of the deed or certificate of the former owner. The surrender deed or
certificate will then be canceled.
1400.09 Descent of Lots. Upon the death of a lot owner, such lot, unless otherwise
disposed of, shall descent in accordance with state law.
1400.11. Handling of Funds. All money received from the sale of lots and other services,
shall be paid to the City Finanee ManagefAdministrative Services Director whe shall give
m . No deed to any cemetery lot shall be issued, nor shall any services be
performed until a receipt showing payment to the Fifffinee Mai+ageFAdministrative Services
Director of the cost thereof shall be exhibited to the person whose duty it is to give the deed or
perform the services. All money received from the sale of lots and for the performance of
services shall be placed in the cemetery fund, which fund shall be used for the payment of the
purchase price of grounds, or for maintenance and improvements, and for no other purpose. The
Finanee Administrative Services Director shall keep an account of all receipts and
disbursements of money belonging to the cemetery fund.
1400.13. Burial Permits. Before any interment shall be made in any cemetery in this City,
a burial permit shall be obtained from the local or the state registrar of vital statistics. Within 36
hours after the death of any person in the City and before the body is removed for burial within
the City, the undertaker or person having charge of the interment shall apply for the permit. This
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application shall be accompanied by a death certificate as prescribed by the State Board of
Health. No burial permit shall be issued until the application and death certificate shall have
been properly completed and presented. The body of a deceased person shall not be brought into
the City for burial unless accompanied by a death certificate and permit for removal issued by
the registrar of the registration district wherein the death occurred.
1400.15. Interments. Cemetery lot owners only are granted the right of interment in their
lots. The City reserves the right to refuse to permit the interment of anyone who was not at the
time of death the owner of the lot or a relative of the owner by blood or marriage. Permission in
writing from a lot owner must accompany all requests for permits to bury persons that are not
members of the immediate family of the lot owner. Such permission shall not be for
remuneration.
Subd. 1. Interment of two or more bodies shall not be made in one grave except in
the case of mother and child or two infants buried in one casket. Interment may not be made in
the cemetery unless all ordinances regarding interments have been complied with and until the
purchase price of the lot to be used and all burial fees are paid.
Subd. 2. Interment shall not be made in the cemetery except upon at least 24 hour
notice in advance of the time set for the funeral service given to the Superintendent. All funerals
shall be subject to the control of the Superintendent upon reaching the cemetery entrance.
Caskets shall not be interred in the cemetery unless the same is enclosed in a concrete box or
vault. A grave opening fee as prescribed in Chapter X of the City shall be paid to the City
before any grave is opened or interment occurs.
The 24 hour notice shall include the outside dimensions of the case to be used and the location
shall be specified. Should the lot owner fail or neglect to designate the location, the City
reserves the right to make the interment in a location designated by the City. The City will not
be responsible for any order given by telephone, or for any mistake occurring from the want of
precise and proper instructions as to the particular space, size of grave, and location in a plot,
where interment is desired. The City will not be liable for the interment permit nor for the
identity of the person sought to be interred.
Subd. 3. No interment or disinterment shall be permitted on any Sunday or any
legal holiday, except in case of death attributed to contagious disease.
Subd. 4. A maximum of six cremains will be interred in an unoccupied grave. A
maximum of two cremains will be interred in a grave occupied by a casket or with a full casket
burial. Cremains will not be disinterred in order to permit interment of a casket.
1400.17. Delay of Interment. The City will be in no way liable for any delay in the
interment of a body when a protest to the interment has been made, or where the ordinances or
regulations have not been complied with. The City shall be under no duty to recognize any
protest of interments unless they are in writing and filed with the City Clerk or- their- designee.
Ordinance 2011-29
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1400.19. Disinterments. Written permission of the lot owner and the next of kin shall be
filed with the Superintendent, a permit from the City Health Officer shall be secured and
presented, and the required fees paid before any grave may be opened for any purpose. At least
one week's notice must be given prior to any disinterment. This provision does not apply when
disinterment is ordered by duly authorized public authority.
1400.21. Monuments and Markers. Every monument and marker must be placed in the
space reserved therefore as shown upon the plat of such lot or as directed by the Superintendent.
No monument will be allowed upon a lot platted for less than four burials and none will be
allowed covering more than one percent of the total area for each burial site. Monuments shall
not exceed three feet in height above the ground. In Section N4, all monuments must be flat.
Subd. 1 No monument or markers or any part thereof may be constructed of limestone,
sandstone or any artificial material. No monuments shall be placed in the cemetery except such
as are approved by the Superintendent.
Subd. 2. Foundations will be made at least as large as the bottom base or first masonry
course above ground, but the right is reserved to require a larger foundation when it appears that
the weight of the structure requires it. The first course of masonry above foundation and all
monument and other bases must be bedded off to an equal thickness as no building up or
underpinning with chips, spalls, cement or other materials will be allowed. All monument bases
must be set in cement or mortar evenly covering the foundation.
Subd. 3. No foundation shall be required for markers which shall be set level with the
sod and markers must be cut so as to go into the ground not less than four inches nor more than
eight inches.
Subd. 4. Persons engaged in erecting a monument or other structure upon a lot are
prohibited from attaching ropes or cables to trees or other objects in the cemetery without
express permission from the Superintendent and area likewise prohibited from placing material
on adjoining lots or allowing the same to remain on the ground longer than is necessary and they
must permit no unnecessary delay in completing the work after it has been commenced. In order
to protect paths and grass from injury, planks must be laid over them when heavy material is to
be moved over them.
Subd. 5. Contractors and others engaged in such work must notify the Superintendent
before beginning the same. All work in the cemetery, of whatever kind, must be carried on
subject to the direction and control of the Superintendent. No monument or marker may be
placed in the cemetery until a written authorization therefore has been issued by the
Superintendent.
Subd. 6. The City reserves the right to remove all monuments, markers, flowers, plants,
trees, decorations, or other similar things without liability to the owner whenever any of these
objects become unsafe or unsightly.
Ordinance 2011-29
Page 262
1400.23. Permanent Care. The general care of the cemetery is assumed by the City and
includes the cutting of the grass at reasonable intervals, the raking and cleaning of the grounds,
and the pruning of the shrubs and trees that may be placed by the City, meaning and intending
the general preservation of the lots and grounds, walks, roadways, boundaries, and structures, to
the end that said grounds shall remain and be reasonably cared for as cemetery grounds. The
general care assumed by the cemetery shall in no case mean the maintenance, repair or
replacement of any memorial placed or erected upon lots, nor the doing of any special or unusual
work in the cemetery, including work caused by impoverishment of the soil, nor does it mean
that reconstruction of any monument or marker in the cemetery, caused by the elements, an act of
God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions,
unavoidable accidents, invasions, insurrections, riots, or by the order of any military or civil
authority, whether the damage be direct or collateral, other than as herein provided.
1400.25. Landscaping and Improvements. Plants, shrubs, and flowers may be placed on
cemetery lots in areas designated by the Superintendent. No trees or vines may be planted, nor
may fences by erected. The City reserves the right to remove any tree, shrub, vine, plant, or
flower which may become unsightly, dangerous, or not in keeping with the landscape design of
the cemetery. All landscaping, grading and sodding shall be done by the City and/or its agents.
All graves will be sodded and kept flush with the adjacent ground. Mounds over graves are not
permitted.
1400.27. Duties of Actuary. The City Clerk o-- their- designee shall be the actuary of the
cemetery and shall, in addition to other records and duties concerning the cemetery, keep a
register of all interments and disinterments, including the name, age, place of birth, residence,
marital status, name and address of nearest relative, veteran status, cause of death, and time and
place of interment, disinterment, and reinterment. The City Clerk or- their- desigaft shall also
notify the Commissioner of Veterans Affairs of the interment of a veteran as required by law.
1400.29. General Regulations. Subdivision 1. Discharge of Firearms. No person may
discharge any firearm or have possession of any firearm within the cemetery grounds without the
permission of the superintendent.
Subd. 2. Excavation. No person may remove any object from any place in the cemetery
or make any excavation without the consent of the superintendent.
Subd. 3. Obstruction. No person may obstruct any drive or path in the cemetery or in
any way injure, deface or destroy any structure, grave, flower, tree, or other thing in the
cemetery.
Subd. 4. Vehicles. No person may drive any vehicle faster than a walk within the
cemetery, nor drive over any path or roadway not authorized by the superintendent.
Subd. 5. Conduct in the Cemetery.
(a) No person may enter or leave the cemetery except at the gates provided.
Ordinance 2011-29
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(b) No person may disturb the quiet of the cemetery by noise or improper conduct of
any kind.
(c) No person may use the cemetery grounds or any road therein as a public
thoroughfare, or drive any vehicle through the cemetery grounds except for purposes
relating to the cemetery.
(d) No child may be permitted within the cemetery unless in the control of an adult.
(e) No person may allow any animal to run at large in the cemetery.
(f) No person may loiter at any time, nor be in the cemetery without the permission
of the cemetery superintendent at any time between the hours of sunset to 7:00 a.m. .
(g) Persons within the cemetery shall use only the paths and walks and no one is
permitted to walk upon or across lots or lawns unless it is necessary to do so to gain
access to one's own lot. The cemetery expressly disclaims liability for any injuries
sustained by anyone violating this rule.
(h) Persons visiting the cemetery or attending funerals are strictly prohibited from
picking flowers, wild or cultivated, breaking or injuring any tree, shrub or plantior from
writing upon, defacing or injuring any memorial, or other structure within the cemetery
grounds.
(i) The following acts are expressly prohibited:
1. Bringing meals or refreshments into the cemetery or consuming them on
the grounds.
2. Peddling or soliciting the sale of any commodity within the cemetery.
3. Placing signs or notices or advertisements of any kind within the
cemetery.
4. Bringing animals into the cemetery.
5. Throwing of rubbish on any part of the grounds.
(Ord. 2009-09, 6/09/2009)
Section 64. Repeal. Section 1900 of the City Code (Traffic and Ordinance Violations
Bureau) is amended to read as follows:
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Ordinance 2011-29
Page 264
per -son tagged does not respond to the tn a waffmt may be issued for- su
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Ordinance 2011-29
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the pfemises alleged to be ; el -9 ieft.
Section 65. Amendment. Section 2005 of the City Code (Misdemeanors; Special
Provisions) is amended to read as follows:
2005.05. Resisting a Public Officer. It is unlawful for any person to willfully resist, delay
or obstruct a public officer in discharging or attempting to discharge a duty of his office.
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Section 65. Amendment. Section 2005 of the City Code (Misdemeanors; Special
Provisions) is amended to read as follows:
2005.05. Resisting a Public Officer. It is unlawful for any person to willfully resist, delay
or obstruct a public officer in discharging or attempting to discharge a duty of his office.
Ordinance 2011-29
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2005.07. False Statements. It is unlawful for any person to make a false statement in an
application for any permit or license from the City.
2005.09. Fire Alarm System and False Alarms. It is unlawful for any person to tamper with
or in any way interfere with any element of any fire alarm system within the City. It is unlawful
for any person to give, or cause to be given, any alarm or other emergency condition when no
fire or emergency condition exists.
2005.11. Obstruction of Fire Hydrants. It is unlawful to park any vehicle in such a way as
to obstruct a fire hydrant. The stopping or parking of a vehicle within 10 feet of a fire hydrant is
an obstruction of the hydrant and a violation of this subsection.
2005.13. Liquor and Beer in Parks. It is unlawful for any person to bring into, possess,
barter, give away or consume any intoxicating liquor or non -intoxicating malt beverages in any
public park or any vehicle parking area immediately adjoining such park; provided, however,
that this prohibition shall not apply to the following:
1. A permit issued by the Gi4y Council authorizing Non -Intoxicating Malt Liquor or
wine (including champagne or other sparkling wines), or;
2. the possession or use of wine (including champagne or other sparkling wines) that
is sold or provided by a licensed caterer at a eCity approved event at the Millennium Garden.
(Ord. 2003-04, 2/2512003; Ord. 2008-12, 5/1312008)
2005.15. Liquor and Beer in Public Places. Subdivision 1. Public Ways. It is unlawful for
any person to consume, barter, or give away any intoxicating beverages or malt beverages in or
upon any public street, avenue, Boulevard, alley or other public way, whether in a Vehicle or not,
in the City.
Subd. 2. Parking Areas. It is unlawful for any person to consume, barter, or give away
any intoxicating beverages or non -intoxicating malt beverages in or upon any parking area open
to the public whether in a Vehicle or not.
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2005.19. Disorderly Use. No person shall be present in a disorderly house or place of
public resort kept for illegal purposes, including but not limited to prostitution, illegal gambling,
Ordinance 2011-29
Page 267
illegal sale or consumption of intoxicating or non -intoxicating liquor, or illegal sale or use of
contraband substance.
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Ordinance 2011-29
Page 268
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Ordinance 2011-29
Page 269
2005.26. Trespass. It is the intent of this ordinance to allow the City o f vrPirne'sici: to
prohibit individuals from trespassing and provide a method of notification to individuals who
continue to trespass after being asked to leave or not return to the premises of another.
(a) No person shall trespass in or upon any covered premises of another and, without
claim of right, refuse to depart therefrom on demand of the property manager or a tenant
authorized to exercise control over the covered premises or portion involved.
(b) No person served with a trespass notice in conformity with this Chapter shall
enter in or upon the premises described therein during its effective period without the
written permission of the notice issuer, agent, or assign.
(c) No person shall enter any public facility, utility, or grounds thereto, or any
covered premises or portion thereof in violation of conspicuously posted signs
prohibiting or restricting access thereto, including, but not limited to, the following: "No
Trespassing", "Authorized Personnel Only", "Employees Only", or "Emergency Exit
Only".
(Ord. 98-8, 3/18/98)
2005.27. Provisions of Criminal Code Adopted By Reference. Subdivision 1. The
provisions of Minnesota Statutes, Chapter 609, as set forth in this subsection, are hereby adopted
by reference and are as much a part of this Code as if fully set forth herein, excepting and not
including any specific or substantive or_penalty provisions or subsections contained therein
defining or pertaining to gross misdemeanor or felony violations.aFA-a A violation of the Statutes
adopted by reference herein is a violation of this Code.
Subd. 2. Section 609.17, "Attempts".
Subd. 3. Section 609.175, "Conspiracy".
Subd. 4. Section 609.22609.224, "Assault".
Subd. 4b. Section 609.2242 "Domestic Assault"
Subd. 5. Section 609.27, "Coercion".
Subd. 6. Sections 609.32609.321 and 609.324, "Prostitution".
Subd. 7. Section 609.33, "Disorderly House or Place of Public Resort".
Subd. 8. Section 609.375, "Non -Support of Wife or Child".
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Page 270
Subd. 9. Section 609.505, "Falsely Reporting a Crime".
Subd. 10. Section 609.52, "Theft".
Subd. 11. Section 609.535, "Issuance of Worthless Checks".
Subd. 12. Section 699:544609.545, "Misuseing of Credit Card to Secure Services".
Subd. 13. Section 609.576, "Negligent Fires".
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Subd. 164. Section 609.605, "Trespasses and Other Acts".
Subd. 165. Section 609.66, "Dangerous Weapons".
Subd. 1-76. Section 609.68, "Unlawful Deposit of Garbage, Litter and Like".
Subd. 187. Section 609.705, "Unlawful Assembly".
Subd. 198. Section 609.715, "Presence at Unlawful Assembly".
Subd. X819. Section 609.72, "Disorderly Conduct".
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Subd. 2-220. Section 609.75, "Gambling".
Subd. 2--321. Section 609.755, "Acts Relating to Gambling".
2005.28. Use of Ci Identity. A person must not use the name, logo, or other identifying
mark of the City or of any department, facility, or program of the City, in an
advertisement, correspondence, web page, social media page, or any other item, in such a
manner that the item appears to be a publication, act, document, or other item of the City. (Ord.
2011-26, 8/23/2011)
Section 66. Amendment. Section 2010 of the City Code (Nuisances; General) is
amended to read as follows:
2010.01. Nuisances. Subdivision 1. Defined. The following acts are declared a public
nuisance.
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Page 271
(a) Engaging in any business or activity which is dangerous, hurtful, unwholesome,
offensive or unhealthy to the neighborhood, or which constitutes an annoyance to the
persons in the neighborhood, or is detrimental to the property in the neighborhood.
(b) Permitting, suffering, or maintaining, or failing to remove any offensive,
nauseous, hurtful, dangerous, unhealthy condition resulting from a failure to properly
dispose of garbage, sewage, waste, debris or any other unwholesome or offensive
substance, liquid or thing, upon one's premises, or dropping, discharging, passing,
depositing or otherwise delivering the same upon the premises of another or public
property.
(c) Constructing or maintaining or permitting or suffering upon one's property any
billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast,
display, issue or.circulate any insulting, profane or abusive emblem, sign, or device, or
blasphemous written or printed statement, calculated or such as is likely to cause a breach
of the peace.
(d) Displaying, circulating, issuing or publishing any slanderous or obscene, immoral,
or lewd pictures, posters, literature, writings, drawings or oral statements.
(e) Permitting, suffering, or maintaining any fence, wall, plantings, landscape
materials, or any other item above a height of three feet within the traffic sight visibility
triangle. The traffic sight visibility triangle is described as beginning at the intersection
of the projected curb line of two intersecting streets or drives, thence 30 feet along one
curb line, thence diagonally to a point 30 feet from the point of beginning along the other
curb line. (Ord. 98-28, 9/02198)
(f) A structure, or a portion of a structure, located within any residential zoning
district, if the exterior is not completed within 180 days after the date the building permit
was issued, or within 180 days from the start of construction for structures which do not
require the issuance of a building permit. (Ord. 2002-05, 2/1212002)
Subd. 2. Abatement. Whenever the officer who is 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 and occupant of the premises of such fact and order that such
nuisance be terminated and abated. 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. If the
notice is not complied with within the time specified, the enforcing officer shall report that fact
forthwith to the council. Thereafter, the council may, after notice to the owner and occupant and
an opportunity to be heard, provide for abating the nuisance by the city. The notice shall be
served in the same manner as notice by the enforcing officer is served and shall be given at least
10 days before the date stated in the notice when the council will consider the matter. If notice is
given by posting, at least 30 days shall elapse between the day of posting and the hearing.
Ordinance 2011-29
Page 272
Subd. 3. Recovery of Cost. The owner of premises on which a nuisance has been abated
by the eCity 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
Clerk or other official designated by the council shall prepare a bill for the cost and mail it to the
owner. Thereupon the amount shall be immediately due and payable at the office of the City
Clerk.
Subd 4. 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
eClerk 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 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
ten, as the council may determine in each case.
Subd. 5. Penalty. Violation of this Subsection is a Misdemeanor. The imposition of one
penalty for any violation of this Section shall not excuse the violation, or permit it to continue.
Each 10 days that prohibited conditions are maintained shall constitute a separate offense.
Section 67. Amendment. Section 2020 of the City Code (Nuisances; Shade Tree Disease
and Pest Control) is amended to read as follows:
2020.01. Declaration of Policy. The Qty Council has determined that the health of the
Shade Trees within the city limits is threatened by Shade Tree Diseases and pests. It has further
determined that the loss of Shade Trees growing upon public and private property would
substantially depreciate the value of property within the City and impair the safety, good order,
general welfare and convenience of the public. It is the intention of the Gity Council to control
and prevent the spread of these diseases and pests, and this Section is enacted for that purpose,
and to conform to the policies and procedures embodied in Minnesota Statutes, Chapter 89, as
amended, and rules promulgated there under. (Ord. 2008-16, 6/10/2008)
2020.02. Definitions. For purposes of this Section, the term "Commissioner" means the
Commissioner of the State Department of Agriculture.
2020.03. Forester. Subdivision 1. Position Created. The powers and duties of the City
Tree Inspector as set forth in this Section are hereby conferred upon the Forester. The Forester
may designate a member of the Forestry staff to perform the duties of Tree Inspector.
Subd. 2. Duties of Forester. It is the duty of the Forester to coordinate, under the
direction and control of the City Manager er- sueh ethef employee as the City Manager- shall.
designate, all activities of the municipality relating to the control and prevention of Shade Tree
Disease. She/he shall recommend to the City Manager and Gity Council the details of a program
Ordinance 2011-29
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for the control of Shade Tree Disease, and perform the duties incident to such a program adopted
by the Council.
2020.05. Shade Tree Disease Program. It is the intention of the Council of the City of
Plyme to conduct a Shade Tree Control Program pursuant to the authority granted by
Minnesota Statutes Chapter 89, as amended. This program is directed specifically at the control
and elimination of Shade Tree Diseases and pests and is undertaken at the recommendation of
the Commissioner, and in conformance with rules promulgated by the Commissioner. The City
Forester shall act as coordinator between the Commissioner and the Council in the conduct of
this program. (Ord. 2008-16, 6/10/2008)
2020.07. Shade Tree Diseases. Subdivision 1. Nuisances Declared. The following things
are public nuisances whenever they may be found within the City:
(a) Any living or standing elm tree or part thereof infected to any degree with the
Dutch elm disease fungus Ophiostoma Nova-Ulmi of Ophiostoma Ulmi or which harbors
any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hyluigopinus Rufipes
(Marsh).
(b) Any dead elm tree or part thereof, including logs, branches, stumps, firewood or
other elm material from which the bark has not been removed and burned or sprayed with
an effective elm bark beetle insecticide.
(c) Any living or standing oak tree, or part thereof infected to any degree with oak
wilt disease.
(d) Any tree or shrub which in the opinion of the Forester, has become or threatens to
become a hazard so as to adversely affect the public safety, whether such tree or shrub
shall be on public or private property.
(e) Any insect and/or pest that threatens the health of the shade trees, including, but
not limited to, the Gypsy moth, Asian Long -horned beetle, and Emerald Ash borer.
Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as
defined in Subdivision 1 to remain on any premises owned or controlled by that person within
City limits. Such nuisances may be abated in the manner prescribed by this Section.
2020.09. Inspection and Investi ag tion. Subdivision 1. Frequency of Inspection. The
Forester or his/her agents shall inspect all premises and places within the City as often as
practical to determine whether any condition described in Subsection 2020.07 exists
thereon. She/he shall investigate all reported incidents of infestation by Dutch elm fungus, elm
bark beetles or oak wilt, or other Shade Tree Disease and pests or hazardous trees and shrubs.
Subd. 2. Entry on Private Premises. The Forester or his/her duly authorized agents may
enter upon private premises at any reasonable time for the purpose of carrying out any of the
duties assigned him/her under this Section. Such inspections shall be preceded by a legal notice
Ordinance 2011-29
Page 274
published once annually in the City's legal newspaper informing all property owners within the
City to destroy and dispose of tree materials declared a nuisance by Section 2020.07.
Subd. 3. Diagnosis. The Tree Inspector shall identify diseased trees according to
generally accepted field diagnosis procedures such as wilting, yellowing of leaves and/or
staining of cambial wood under tree bark. Confirmation of field diagnosis, when ordered by the
Forester shall be completed by a Tree Disease laboratory approved by the Minnesota State
Department of Natural Resources. The Tree Inspector shall assess potential hazardous trees
according to the guidelines as established by the USDA Forest Service in Urban Tree Risk
Management. A hazard tree is a tree with a mechanical defect that is likely to cause a tree, or a
part thereof, to fail and said failure has the potential to adversely affect a target. A "target"
includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees without
targets are not considered hazards even if they are likely to fail and can be considered beneficial
in habitat protection. (Ord. 2008-16, 6/10/2008)
2020.11 Abatement of Shade Tree Disease Nuisances. In abating the nuisances defined in
this Section, the Forester shall cause the infected tree, shrub or wood to be removed, burned,
debarked, trenched or otherwise effectively treated so as to destroy and prevent as fully as
possible the spread of disease and pests. Such abatement procedures shall be carried out in
accordance with current technical and expert opinions and procedures as may be established by
the Commissioner of Agriculture.
2020.13. Procedure for Removal of Infected Trees and Wood. Subdivision 1. Findin s.
Whenever the Tree Inspector finds with reasonable certainty that the infestation defined in this
Section exists in any tree, shrub or wood in any public or private place in the City, he/she shall
proceed as follows: If the Forester finds that danger of infestation of other trees is imminent, or
a potentially hazardous condition is identified, he/she shall notify the property owner by mail and
by leaving a notice on the property that the nuisance will be abated within a specified time, not
more than 20 days from the date of mailing of such notice. After the expiration of the time
limited by the notice, the City may abate the nuisance, the costs of which will be assessed against
the benefiting property as provided in 2020.13, Subd. 3. (Ord. 2008-16, 6/10/2008)
Subd. 2. Records. The Forester shall keep a record of the costs of abatements ordered
under this Subsection and shall report to the Qty Council all work done for which assessments
are to be made stating and certifying the description of the land, lots, parcels involved and the
amount chargeable to each.
Subd. 3. Notice; Hearing. The Council shall publish notice of its intention to meet to
consider the adoption of a special assessment roll in accordance with the report provided by the
Forester. The notice shall be mailed to affected property owners and published once no less than
one week prior to such meeting. The notice shall state the time and place of the meeting, the
properties affected, action proposed, and the estimated cost of the abatement, and the proposed
basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall
hear property owners with reference to the proposed assessments. The Council shall thereafter
adopt a resolution confirming the original resolution with such modification as it considers for
the levy of special assessments.
Ordinance 2011-29
Page 275
Subd. 4. Assessment. Following the public hearing provided for in Subd. 3., the Council
may then spread the charges or any portion thereof against the property involved as a special
assessment under pertinent State statutes for certification to the County Auditor and collection
the following year along with current taxes.
2020.15. Tree Inspector; Program. The Forester shall conduct the Shade Tree Control
Program in accordance with the rules and regulations of the Commissioner embodied in
Minnesota Statute 89.63 and subsequent amendments thereto. (Ord. 2008-16, 6/10/2008)
2020.19. Interference Prohibited. It is unlawful for any person to prevent, delay or
interfere with the Forester or his/her agents while they are engaged in the performance of duties
imposed by this Section.
(Ord. 2007-08; 4/24/2007)
Section 68. Amendment. Section 2025 of the City Code (Noise) is amended to read as
follows:
2025.01 Definitions. Subdivision 1. General. Words and phrases defined in this section
have, when used in this ordinance, the meanings given below. Any other word or phrase used in
this ordinance, and defined in regulations of the Minnesota Pollution Control Agency Noise
Pollution Control Rules Chapter 7030, has the meaning given in those regulations.
Subd. 2. Air Circulation Device. Means a mechanism designed and used for the
controlled flow of air used in ventilation, cooling, or conditioning, but not limited to, central and
window air conditioning units.
Subd. 3. 1,10. Means the sound level, expressed in decibels (dBA) which is exceeded 10
percent of the time for a one-hour period, as measured by a sound level meter having
characteristics as specified in the latest standards, S 1.4, of the American National Standards
Institute and using test procedures approved by the pPolice dDepartment.
Subd. 4. L50. Means the sound level, expressed in decibels (dBA) which is exceeded 50
percent of the time for a one-hour period, as measured by a sound level meter having
characteristics as specified in the latest standards, S 1.4, of the American National Standards
Institute and using test procedures approved by the pPolice dDepartment.
Subd. 5. Person. Means an individual, firm, partnership, corporation, trustee,
association, the state and its agencies and subdivisions, or any body of persons whether
incorporated or not. With respect to acts prohibited or required herein, "person" shall include
employees and licensees.
2025.03 Noises Prohibited. Subdivision 1. General Prohibition. No person shall make or
cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs,
Ordinance 2011-29
Page 276
injures, or endangers the comfort, repose, health, peace, safety, or welfare of any persons or
precludes their enjoyment of property or affects their property's value. This general prohibition
is not limited by the specific restrictions of the following subdivisions.
Subd. 2. Horns, Audible Signaling Devices, etc. No person shall sound any signaling
device on any vehicle except as a warning of danger, as required by Minnesota Statute 169.68.
Subd. 3. Exhaust. No person shall discharge the exhaust, or permit the discharge of the
exhaust, of any steam engine, stationary internal combustion engine, motor boat, motor vehicle,
recreational vehicle or snowmobile except through a muffler or other device that effectively
prevents loud or explosive noises therefrom and complies with all applicable state laws and
regulations.
Subd. 4. 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.
Subd. 5. Loading, Unloading, Unpacking. No person shall create loud and excessive
noise in loading, unloading, or unpacking any vehicle.
Subd. 6. Radios Tape PlayerCompact Disc Player, Paging System, etc.
a) General Prohibition. No person shall use or operate or permit the use or
operation of any radio receiving set, musical instrument, tape player, compact disc
player, paging system, machine, or other device for the production or
reproduction of sound in a distinctly and loudly audible manner as to
unreasonably disturb the peace, quiet, comfort, safety or welfare of any persons or
precludes their enjoyment of property or affects their property value.
b) Nighttime Prohibition. Operation of any such set, instrument, tape player,
compact disc player, machine, or other device between the hours of 10:00 p.m.
and 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 50 feet if the source is located outside a structure or building
shall be prima facie evidence of a violation of this section.
Subd. 7. Participation in Noisy Parties or Gatherings. No person shall participate in any
party or other gathering of people giving rise to noise, unreasonably 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.
Subd. 8. 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
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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
or vehicle.
Subd. 9. Animals. No person shall keep any animal that unreasonably disturbs the
comfort or repose of any person by its frequent or continued noise. For purposes of this
subdivision, "disturbs the comfort or repose of any person by its frequent or continued noise"
means any one of the following:
a) The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and
can be heard from a location outside the building and premises where the animal
is being kept, and the animal has made such noises intermittently for more than
dweefive minutes; or
b) The animal noise can be heard 500 feet from the location of the building
and premises where the animal is being kept, and the animal has made such noises
intermittently for more than tleefive minutes; or
C) The animal noise can be heard from a location outside the building and
premises where the animal is being kept, and the animal has made such noises
intermittently for a period of at least five minutes.
Subd. 10. Schools, Churches, Hospitals, etc. No person shall create any excessive noise
on a street, alley, or public grounds adjacent to any school, institution of learning, church,
hospital or home for the elderly when the noise unreasonably interferes with the working of the
institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs
indicate the presence of such institution.
2025.05. Hourly Restriction on Certain Operations. Subdivision 1. Recreational Vehicles
and Snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or
operate any snowmobile or other recreational vehicle not licensed for travel on public highways.
Subd. 2. Domestic Power Equipment. No person shall operate a power lawn mower,
power hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other
similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00
p.m. (Ord. 2000-03, 2/01/2000)
Subd. 3. Refuse Hauling and Recycling Collection. No person shall collect or remove
garbage or refuse or collect designated recyclables in any residential district except between the
hours of 7:00 a.m. and 10:00 p.m.
Subd. 4. Construction, Maintenance and Repair Activities. No person shall engage in or
permit construction, maintenance and repair activities involving the use of any kind of electric,
diesel or gas -powered motor vehicles or machine or other power equipment except between the
hours of 7:00 a.m. and 10:00 p.m. Monday through Friday and 8:00 a.m. and 9:00 p.m. Saturday,
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Sunday, and holidays (New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving,
and Christmas). (Ord. 2000-03, 2/01/2000; Ord. 2006-07, 2 /2 812 0 0 6)
Subd. 5. Exceptions. The following uses and activities are exempt from this Section as
specified below:
(a) Snow removal motor vehicles, equipment and operations are exempt from
Section 2025.05, Subd. 2, and Section 2025.05, Subd. 4.
(b) Equipment and vehicles used for maintenance of public or private golf
courses, public and private driving ranges, ice skating rinks on public property,
and ski trail grooming on public property are exempt from the hourly restrictions
of Section 2025.05, Subd. 1, Subd. 2, and Subd. 4.
(c) Golf carts for use on public or private golf courses are exempt from
Section 2025.05, Subd. 1 and Subd. 4.
(d) Emergency back-up generators operated during power outages are exempt
from Section 2025.05, Subd. 2.
(e) Sanitary sewer cleaning performed by the City, Metropolitan Council, or
their agents is exempt from Section 2025.05, Subd. 4.
(Ord. 2000-03, 210112000; Ord. 2006-07, 212812006, Ord. 2008-08, 3125/2008)
2025.07 Receiving Land Use Standards. Subdivision 1. Maximum Noise Levels by
Receiving Land Use Districts. No person shall operate or cause or permit to be operated any
source of noise in such a manner as to create a noise level exceeding the limit set in Table I for
the receiving land use category specified when measured at a point of normal human activity of
the receiving land use.
TABLE I. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS
Land Use Districts
Day
7:00 a.m. —10:00 p.m.
Night
10:00 p.m. —7:00 a.m.
L10 L50
L10 L50
Residential
65 60
55 50
Commercial
70 65
70 65
Industrial
80 75
1 80 75
Subd. 2. Exemptions. The levels prescribed in Subdivision 1 do not apply to noise
originating on public streets and alleys but such noise shall be subject to other applicable
sections of this ordinance.
2025.09. Air Circulation Devices. No person shall permanently install or place any air
circulation device, except a window air conditioning unit, in any outdoor location until the
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DepaAment of Community Development Department determines. that the device in that location
will comply with the noise level standards prescribed in Section 2025.07 and issues a permit for
the installation. The noise produced by any window unit and by any existing air circulation
device shall be attenuated by means deemed appropriate by the Depaftment of Community
Development Department, including, but not limited to, relocation of such device, if the noise
results in or contributes to a violation of Section 2025.07.
2025.11. Exemption for Emergency Work. Noise created exclusively in the performance of
emergency work to preserve the public health, safety, or welfare necessary to restore a public
service or eliminate a public hazard shall be exempt from the provisions of this ordinance for a
period not to exceed 24 hours after the work is commenced. The Police Department may grant
an extension of the 24 hour exemption as it deems appropriate. Persons responsible for such
work shall inform the Police Department of the need to initiate such work or, if the work is
commenced during non -business hours of the City, at the beginning of the first business day
thereafter. Any person responsible for such emergency work shall take all reasonable actions to
minimize the amount of noise. (Ord. 2001-08, 212 712001)
2025.13. Powers and Duties of the Police Department. Subdivision 1. Administering
Officer. The noise control program established by this ordinance shall be administered by the
Police Department. (Ord. 2001-08, 212712001)
Subd. 2. Testing Procedures. The Police Department shall adopt guidelines establishing
the test procedures and instrumentation to be used in enforcing the provisions of Section 2025.07
imposing noise standards. A copy of such guidelines shall be kept on file in with the ewe of tke
Police Department and shall be available to the public for reference during office hours. (Ord.
2001-08, 2127/2001)
Subd. 3. Sound Source Control Plan. The Police Department may, at the request of the
Depmtmeat e Community Development D_pe artment, review a sound source control plan. If
requested, the Police Department shall evaluate the plan and make appropriate recommendations
to the City -Council or the DepaFtmeat of Community Development D_pe arta . Any violation
of an approved sound source control plan is a violation of this ordinance. (Ord. 2001-08,
2/2712001)
Subd. 4. Other Powers and Duties. The Police Department shall exercise such other
powers and perform such other duties as are reasonable and necessary to enforce this ordinance.
(Ord. 2001-08, 2/2712001)
2025.15. Variances. Subdivision 1. Authorily. The Zoning Administrator shall have
authority, consistent with this section, to grant exceptions from the requirements of Section
2025.05 and Section 2025.07.
Subd. 2. Application. It is recognized that under certain circumstances it would be
impossible for a noise source to comply with the provisions of Section 2025.05 or Section
2025.07 of this Section due to economic or technological reasons. In cases such as this,
application for an exception may be made in writing to the DepaFtmeW of Community
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Development Department. The application shall include the fee as set forth in Section 1015 of
this Code and shall contain the following pertinent information:
a) Legal description of property;
b) Dates of exception requested;
c) Location of particular noise source and times of operation;
d) Equipment involved;
e) Necessity for request of exception;
f) Steps taken to minimize noise level from source;
g) Names of responsible persons; and
h) List of property owners within 200 feet of the subject property in a format
prescribed by the Zoning Administrator (only if exception is for more than three days).
(Ord. 2010-02, 2/23/2010)
If the exception is for more than three days, the DepaAfaeat of Community Development
Department shall give notice of the request as provided herein. Notice of the request for an
exception shall consist of a legal property description, description of request for exception and
map detailing property location, and be published in the official newspaper at least 20 days prior
to a decision on the request, and written notice shall be mailed at least twenty 20 days prior to a
decision on the request to all owners of land within 200 feet of the boundary of the property in
question. Applications will be reviewed by the Zoning Administrator and a decision to approve
or deny the exception will be made in writing to the responsible persons within 30 days of
publication of the notice. Any person choosing to comment on the exception may do so in
writing within 20 days of mailing of the notice. (Ord. 2000-03, 2/01/2000)
Subd. 3. Action on Application. The exception may be approved only if the Zoning
Administrator finds that full compliance with the requirements of the ordinance would constitute
an unreasonable hardship on the applicant, on other persons, or on the community. In
determining whether to grant or deny the application, the Zoning Administrator shall balance the
hardship to the applicant against the adverse impact on the health, safety, and welfare of the
persons affected, the adverse impact on property affected, and any other adverse effects of
granting the exception. The exception may be granted subject to conditions, including a time
limit, which shall be clearly stated. Mailed notice of the decision shall be made within five days
to all persons who commented in writing on the application. (Ord. 2000-03, 2/01 /2000)
Subd. 4. Appeals. The decision made by the Zoning Administrator concerning the
exception request may be appealed to the Qty Council within ten days after the Zoning
Administrator's written decision. The appeal shall be filed in writing with the City Clerk who
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shall schedule a date before the Qty Council as soon as possible. The person appealing the
decision shall file with the City Clerk a Notice of Appeal specifying the grounds upon which the
appeal is based. Mailed notice of the Gity Council date shall be made to the applicant, and to
any person who filed a Notice of Appeal. (Ord. 2000-03, 2101/2000)
2025.17. Enforcement. Subdivision 1. Notice of Certain Violations. When the Police
Department determines that a noise exceeds the maximum sound level permitted under Section
2025.07, written notice of the violation shall be given to the owner or occupant of the premises
where the noise originates and such person shall be ordered to correct or remove each specified
violation within such reasonable time as is prescribed in the notice. The failure to remove or
correct any such violation within the time so prescribed constitutes a violation of this ordinance.
(Ord. 2001-08, 2/27/2001)
Subd. 2. Civil Remedies. This ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
Subd. 3. Criminal Penalties. Any violation of this ordinance involving the operation of a
motor vehicle, other than a violation of Section 2025.03, Subd. 6, which occurs in a motor
vehicle, is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine not
to exceed $200. Every person who violates any other provision of this ordinance is guilty of a
misdemeanor and, upon conviction thereof, shall be fined or penalized not more than the
maximum levels established by the State of Minnesota for misdemeanor offenses. In all cases
the city shall be entitled to collect the costs of prosecution to the full extent permitted by law.
Each act of violation and each day a violation occurs or continues constitutes a separate
violation. (Ord. 2004-03, 1/14/2004)
2025.19. Severability. If any provision of this ordinance or the application of any provision
to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining
portions of the ordinance and the application of the ordinance to any other situation shall not be
invalidated.
(Ord. 98-40; 11 /18/98)
Section 69. Effective Date. These amendments shall take effect immediately upon their
passage with the exeption of Section 32 of this Ordinance (Section 1015 of the City Code) which
shall be effective November 28, 2011.
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ADOPTED by the City Council on 25h day of October, 2011.
,MA&W-
Kelli Slavik, Mayor
ATTEST:
Sandra R. Engdahl, Ci Clerk