HomeMy WebLinkAboutCity Council Ordinance 2001-08CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2001-08
AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE
CONCERNING THE POLICE AND FIRE DEPARTMENTS
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Section 105.01, Subd. 26. is amended to read:
Subd. 26. "False Alarm" means any activation of an Alarm System that results in a
response by the Public. SaWy DopagnioutPolice 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 theT'�r-Police/Fire
Dispatcher and, where applicable, central monitoring agency for the Alarm System are
each notified in advance of said upgrade, installation, test or maintenance.
SECTION 2. Section 310 of the Plymouth City Code is amended in its entirety to read:
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Section 310 — Administrative Code; Departments
310.01. City Police Department. Subdivision 1. Creation. There is hereby
created a City Police Department for the City of Plymouth.
Subdivision 2. Purpose. The Department 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.
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Subdivision 3. Chief of Police. 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.
Subdivision 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 of the Police Department subordinate to the Police Chief shall obey
the instructions of the Police Chief and any superior officer.
Subdivision 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 procedures and policies
pertaining to all police activities, and 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 Plymouth.
Subdivision 2. Purpose. The Department shall be responsible for the prevention
and suppression of fires, the protection of life and property against fire, and the rendering
of emergency services.
Subdivision 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.
Subdivision 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 of the Fire Department subordinate to the Fire Chief shall obey the
instructions of the Fire Chief and any superior officer.
Subdivision 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 pertaining to all fire activities, and for developing and
implementing selection procedures for personnel of the department.
Subdivision 6. Relief Association. The members of the Fire Department may
organize themselves into a Firefighter's Relief Association.
SECTION 3. Section 315.01, Subd. 1 is amended to read:
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315.01. Abandoned Motor Vehicles. Subdivision 1. Impoundment and Sale. The
City Police Dvn.Department shall take into custody and impound any abandoned
motor vehicle as defined by Minnesota Statutes, Section 168B.02, Subdivision 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.
SECTION 4. Section 905.13 is amended to read:
905.13. Board of Appeals. In order to determine the suitability of alternate
materials and type of construction and to provide for reasonable interpretations of the
provisions of this Code, there shall be and hereby is created a Board of Appeals. The
Council shall serve as such Board of Appeals. The Building Official or his or her
designee shall be an ex officio member of such Board. The Board shall hear and
determine all appeals from decisions of the City Manager or
his/her designee or his or her designee with respect to any of the provisions of this Code
and shall render all of its decisions in writing to the Building Official and to the
appellant. (Ord. 94-18, 10/17/94)
SECTION 5. Section 915.07, Subd. 2. is amended to read:
Subd. 2. Enforcement. It shall be the duty of the WgRabkG SafetyEolice Chief
together with the person or persons designated by the City as Animal Control Officers to
enforce the provisions of this Section and to transport or cause to be transported to the
City Pound any or all dogs or other animals kept within the City contrary to the
provisions of this Section. The Animal Control Officer is authorized to issue tags and
sign complaints against any person for violation of the provisions of this Section.
SECTION 6. Section 915.21, Subd. 5. is amended to read:
Subd. 5. Multiple Animal License. Individuals must make application for a multiple
animal license on forms provided by the City and submitted to the RmbliQ Sa&tyEolice
Department. A license issued or to be issued by the City may be denied for any of the
following reasons:
SECTION 7. Section 915.21, Subd. 6(a) is amended to read:
a) Requests for licenses shall be filed with the RuhliG SafatyLolice
Department on an official application form provided by the City. Such
application shall be accompanied by a fee as set forth in the City Code.
The application fee shall also cover the costs of individual licenses for the
first four (4) animals.
SECTION 8. Section 915.25, Subd. 5. is amended to read:
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Subd. 5. Notice of Dangerous Dog. Upon a determination that a dog is
dangerous pursuant to Minnesota Statutes, Section 347.50, subdivision 2, and this
Chapter, the City shall provide a Notice of Dangerous Dog to the owner of such dog by
personally serving the owner or a person of suitable age at the residence of such owner.
The notice shall describe the dog deemed to be dangerous. The notice shall also inform
the owner of the right to appeal the determination by requesting a hearing within fourteen
(14) days after receipt of the notice. Immediately upon receipt of the notice, the owner
shall confine the dog in a proper enclosure or shall muzzle the dog whenever outside. If
no timely appeal is received by the City, the owner of the dangerous dog shall comply
with the requirements set forth in Minnesota Statutes, including but not limited to the
registration of the dangerous dog with the County Auditor. The Hearing Officer shall
make such order as the officer deems proper including, but not limited to, destruction of
the Animal, if consistent with state and federal law, transfer of the Animal to a zoo or
other facility, and reimbursement by the Owner of the reasonable costs of temporary
impoundment and transportation of the Animal. After the Owner of an Animal is given
notice and an opportunity for a hearing as provided in this subsection, the DireGte a
-Rublig Saf@4, Police Chief is authorized to order the destruction or disposition of any
Animal which is determined to be a Dangerous Animal. The
SafeAyPolice Chief may order the Animal Control Officer to take the Animal into custody
for destruction in which case the Owner shall immediately make the Animal available to
the animal control officer.
SECTION 9. Section 915.27, Subd. 2(b). is amended to read:
(b.) Upon the issuance by the Q142mbliG SafatyPolice Chief of a permit
therefore after a showing that such Trapping is necessary to eliminate a
nuisance.
SECTION 10. Section 915.29, Subd. 2. is amended to read:
Subd. 2. Notice and Hearing. The same notice and hearing provisions set forth in
Subsection 915.25, Subd. 2 and Subd. 5 shall apply with respect to the issue of whether
an Animal is "wild". The Police Chief shall make whatever
order as he/she deems proper including, but not limited to, destruction of the Animal, if
consistent with state and federal law, transfer of the Animal to a zoo or other facility, and
reimbursement by the owner of the reasonable costs of temporary impoundment and
transportation of the Animal.
SECTION 11. Section 915.31 is amended to read:
915.31. In the event that the provisions of Section 915 of the City Code provide
inadequate protection for human life or property, the Police
Chief shall be authorized to seek court order(s) requiring immediate seizure,
impoundment, destruction, or testing of an Animal, or other relief as required in the
interests of public health and safety.
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SECTION 12. Section 1010.01, Subd 5 is amended to read:
Ord. 98-39; 11/18/98)
Subd. 5. Liquor
(a) Liquor 1200
On -Sale
$8,000
Off -Sale
$200
Club
$300
Wme
$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, 01 /07/98) (Ord. 98-39; 11 /18/98)
(b) Consumption and Display 1205
Regular
$300
Non-profit
$150
(c) Beer: 1210
On -Sale $440
Off -Sale $90
Temporary $33
All liquor license holders certified by 12mbliG Sa44ytha Police Department at the time of
renewal as a Best Practices Establishment shall receive a 5% discount on the license
renewal fee. Those certified by "WG Sa&4ythe Police Department as a Gold Star Best
Practices Establishment shall receive a 10% discount on their license renewal fee. (Ord.
2000-29, 8/08/2000)
SECTION 13. Section 1010.01, Subd. 8. is amended to read:
Subd. 8. Alarms.
Annual Permit Fee
Police and Fire Alarm User
$25
The annual fee is waived if the permit is obtained during the month of December of the
preceding year. The fee may also be waived by the Police Chief
if a new alarm system is being installed during the calendar year.
SECTION 14. Section 1105.05, Subd. 1 is amended to read:
1105.05. City Review. Subdivision 1. City Investigation. Upon receipt of an
application for a premises permit or bingo hall license or renewal thereof, and upon
payment of the investigation fee required by Subsection 1010.01, Subdivision 2, the
Police Chief shall review the application and make a
recommendation to the City Council. As part of the investigation, the
d.i;ecte;Police Chief shall obtain from the applicant or the board the data and background
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information submitted by the applicant as part of the state licensing and premises permit
application. The Police Chief shall also obtain other information
received by the board pertaining to the eligibility and qualifications of the licensed
organization to conduct or continue to conduct lawful gambling at the premises specified
in the application.
Subd. 2. City Council Action. Within sixty days after receiving the premises
permit or bingo hall license application, the City Council shall review the application and
review the recommendation of the • ctwPolice Chief. No premises
permit or bingo hall license shall be approved.
SECTION 15. Section 1135.07, Subd 2 is amended to read:
Subd. 2. Review by Other Departments. At City Manager's or City Manager's
designee's discretion, the application may be referred to the 12abliG Saf4tyEolice
Department for review and recommendation on granting or denying the Certificate.
(Ord. 95-21, 04/04/95)
SECTION 16. Section 1135.11 is amended to read:
1135.11. Granting or Denial of Certificate. Certificate applications shall be
reviewed by the -Rub k y olice Department and such other departments as the City
Manager shall deem necessary. Thereafter Certificates shall be issued or denied by the
City Manager or City Manger's designee subject to the provisions of this Section. The
applicant may appeal a denial by the City Manager or City Manager's designee to the
City Council in accordance with Section 1135.17. (Ord. 95-21, 04/04/95)
SECTION 17. Section 1145.19 is amended to read:
1145.19. Investigation of Operators; Taxicab Driver's License Required. The police
department 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 Clerk shall issue a Taxicab driver's license to such persons upon the payment of the
fee set by 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.
SECTION 18. Section I I50.07(c)(d) is amended to read:
(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)
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(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
4tyl!olice Department. (Ord. 97-15)
SECTION 19. Section 1150.10 (c) is amended to read:
(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 Penalty
Maximum
(City)
(City/State)
ISL
$75 and/or 0 days
$500 fine and 5 -day
$2,000 and/or 60 -days
Violation
susp
susp
susp
2 nd$200
and/or 0 days
$750 fine and 15 -day
$2,000 and/or 60 -days
Violation
susp
susp
susp
(within 24
mos)
3
$250 and/or 0 days
$1,000 fine and 25-
$2,000 and/or 60 days
Violation
susp
day susp
cusp
(within 24
mos)
4
None listed
Revocation
Revocation
Violation
(within 24
mos)
First violations would be handled by an administrative hearing with
the Police Chief with the presumptive
penalty given to license holders. License holders have the right to
request a hearing before the City 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 more appropriate
to deviate from the presumptive penalty. If the
i ifs Police Chief and licensee agree on the presumptive
penalty, these will be reported to the City Council in a staff report.
(Ord. 99-16, 6/01/99)
SECTION 20. Section 1150.10 (e) is amended to read:
(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
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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.
SECTION 21. Section 1155.01, Subd. 1 is amended to read:
1155.01. Statement of Policy. Subdivision 1. The City Council of the City of
Plymouth 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 gamic-safogahe Police Department or Fire Department personnel are
expected to respond, in order to protect the public health, safety and welfare.
SECTION 22. Section 1155.05 is amended to read:
1155.05. New Alarm Systems/Users. When a new registration for a new system or
new user is received by -RubluG Safetythe Police Department and Fire Department, they
will be granted a thirty (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.
SECTION 23. Section 1155.17 is amended to read:
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 or his/her designee to appeal the
decision; and, the right to appeal the ' Police Chief's and/or Fire
Chief's decision to the City Council.
Subd. 2. Appeal. Anyone aggrieved by a decision of the
Dir-ecte;City Manager or his/her designee to fee an Alarm User may appeal that decision
to the City Council by filing a written request for an appeal with the City Clerk. The
written request must be filed within ten days after the decision from which the appeal is
taken.
SECTION 24. Section 1155.21 is amended to read:
1155.21. Maintenance of Fire Alarm Systems. All new and existing Fire Alarm
Systems, except for those in single family dwellings as defined in Section 4, Subdivision
B of the Zoning ordinance, that are monitored by a central station, remote station,
auxiliary station or proprietary station as defined in the National Fire Protection
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Association Standards 71 and 72 shall be maintained in accordance with the Plymouth
Fire Department policy as promulgated by the Fire Chief on
maintenance of fire alarm systems. The maintenance shall include a semi-annual
cleaning, inspection and testing of all Fire Alarm Systems initiating and signaling devices
that are interconnected to the Fire Alarm System. Automatic fire sprinkler systems water
flow initiating devices shall be tested and inspected bimonthly in accordance with the
Plymouth Fire Department policy.
SECTION 25. Section 1206.22, Subd. B is amended to read:
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.
Best Practices Establishments. Establishments entering into an agreement with Riihlic.
5444 the Police Department as a Best Practice Establishment will use the Best Practices
violation grid.
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).
Type of License
1 st Violation
2nd Violation
3rd Violation
4th Violation
On -sale
$500 and
$1,000 and
$2,000 and
Revocation
intoxicating
5 days
10 days
15 days
liquor
suspension
suspension
suspension
Off -sale
$500 and
$1,000 and
$2,000 and
Revocation
intoxicating liquor
3 days
7 days
12 days
suspension
suspension
suspension
On -sale beer and
$500 and
$1,000 and
$2,000 and
Revocation
wine
5 days
10 days
15 days
suspension
suspension
suspension
Off -sale 3.2 malt
$1,000 and
$1,500 and
$2,000 and
Revocation
10 days
20 days
40 days
suspension
I suspension
suspension
BEST PRACTICES PENALTY GRID_:
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10
Type of License
1 st Violation
2nd Violation
3rd Violation
On -sale
$500
$1,000 and
Return to regular penalty grid
intoxicating
5 days
and Off Best Practices for 1 year
Liquor
suspension,
stayed
Off -sale
$500
$1,000 and
Return to regular penalty grid
intoxicating liquor
3 days
and Off Best Practices for 1 year
suspension stayed
On -sale beer and
$500
$1,000 and
Return to regular penalty grid
wine
5 days suspension
and Off Best Practices for 1 year
stayed
Off -sale 3.2 malt
$1,000
$1,500 and
Return to regular penalty grid
10 days
and Off Best Practices for 1 year
suspension stayed
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 Di;ecte;0
Police Chief or his/her designee with the presumptive penalty given to
license holders. For Best Practice establishments first and second violations would be
handled by an administrative hearing with the Police Chief or
his/her designee. License holders have the right to request a hearing before the City
Council if not in agreement with the presumptive penalty. The D r cto; ogRuhli^
Safe4}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 City Council in a staff report.
(Ord. 99-11, 05/04/99) (Ord. 2000-29, 8/08/2000)
SECTION 26. Section 1305.17, Subd. 7 is amended to read:
Subd. 7. Designation of Roadways. The Police Chief or
his representative shall designate City roadways or portions thereof upon which
motorized golf carts and ATVs will be permitted to operate. Signs shall be posted on
such roadways to advise the public that the use of motorized golf carts and ATVs is
permitted thereon.
SECTION 27. Section 13 10.11, Subd. 4 is amended to read:
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
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to the impounding place. No such vehicle shall be released without authorization by the
Police Chief
SECTION 28. Section 13 10.11, Subd. 8 is amended to read:
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.
SECTION 29. Section 1325.03, Subd. 4 is amended to read:
Subd. 4. Resident Petition. Any citizen or group of citizens requesting use of any
residential street within the City of Plymouth for snowmobiles must first obtain
agreement by petition of not less than seventy percent (70%) of the households on the
affected street. The request with accompanying petition must be submitted to the Riihlic
Sa Police Department. On April 1 of each year, or the first business day
thereafter, all petitions thus received will be submitted to the Public Safety Advisory
Board for consideration and recommendation. Upon recommendation of the Public
Safety lask Pe;ceAdvisory Board, the request, petition, Advisory Board recommendation
and staff report will be forwarded to the City Council for final consideration.
SECTION 30. Section 2025.11 is amended to read:
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.
SECTION 31. Section 2025.13 is amended to read:
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12
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 Dapwtmoat Q9 Ruhl i r. S afstyLolice Department.
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 the office of the Police
Department and shall be available to the public for reference during office hours.
Subd. 3. Sound Source Control Plan. The Police
Department may, at the request of the Department of Community Development, 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 Department of Community Development. Any violation of an approved
sound source control plan is a violation of this ordinance.
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.
SECTION 32. Section 2025.17 is amended to read:
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.
SECTION 33. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this 27" day of February, 2001.
ATTEST:
Sandra R. Paulson, City Clerk
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J y yn . Ti rney, Mayor