City Code (cont.)
__________
*State law
reference(s)--Animals,
estrays, damage, cruelty, M.S.A. ch. 346.
__________
No
horse, mule, donkey, pony, cow, pig, goat, sheep or animal raised for
fur-bearing purposes shall be kept within the city limits except in an outlying
district where there are not more than three residences, other than that
occupied by the owner or occupant of the premises upon which the animals are
kept, within a distance of 150 feet of the structure housing or enclosing such
animal. A special written permit is required for keeping such animals, and such
permit shall be issued by the city sanitarian after an inspection of the
premises and finding of fact by such officer to the effect that no nuisance will
be created thereby.
(Code
1980, § 10.05, subd. 3)
(a)
No chicken coop, dovecote, rabbit warren or other yard or establishment
where small animals, such as rabbits or guinea pigs, or fowl, such as chickens,
ducks, geese, turkeys and pheasants, are kept shall be maintained closer than 50
feet from any residence or structure, other than such residence or structure
occupied by the owner or occupant of the premises upon which such animals or
fowl are kept. Measurements shall be made from the outer edge of any enclosure
within which fowl or small animals are permitted to run so that all parts of the
yard as well as all parts of the coops shall be at least the minimum distances
as follows from such structures:
(1)
Where the poultry house and yard are located at least 50 feet from the
nearest residence on an adjoining lot, the keeping of not to exceed 25 birds or
fowl, but no crowing roosters, shall be permitted.
(2)
Where the poultry house and yard are located at least 100 feet from the
nearest residence on an adjoining lot, the keeping of not to exceed 50 birds or
fowl, but no crowing roosters, shall be permitted.
(3)
Where structures to house rabbits, guinea pigs and other small
fur-bearing animals are located at least 50 feet from the nearest residence on
an adjoining lot, the keeping of not to exceed 25 mature animals shall be
permitted. For the purposes of this subsection, such animals must be at least
nine months old to be considered mature.
(4)
Where pigeons or dovecotes and the yard are located at least 50 feet from
the nearest residence on an adjoining lot, the keeping of not to exceed 20
mature birds shall be permitted.
(b)
A permit to keep animals or fowl enumerated in this section must be
obtained from the city sanitarian. Such permit shall not be construed as
allowing the person obtaining the permit to conduct a business in violation of
chapter 74.
(c)
The raising of fowls and small animals can be conducted as a business at
least 150 feet from the closest residence until such time as the area is built
up as a bona fide residential district.
(Code
1980, § 10.05, subd. 4)
No
chickens, geese, ducks or other fowl and no horses, colts, mules, ponies,
cattle, oxen, sheep, goats or other animals shall be permitted to run at large
at any time in the city. If such animals are found running at large, they shall
be impounded in a safe and suitable place by a police officer and shall not be
released until the owner shall pay to the city all charges incurred by the city
in connection with the impounding. Any such animal or fowl found within any
street, alley or other public space or on the premises of any person other than
its owner shall be deemed to be running at large.
(Code
1980, § 10.05, subd. 1)
After
any fowl or animal has been impounded for at least 48 hours without being
redeemed by the owner, the chief of police may order the animal or fowl killed
and disposed of. If the animal or fowl is of any value, the chief of police may
sell such animal and shall turn the proceeds of such sale into the city
treasury.
(Code
1980, § 10.05, subd. 2)
All
structures, pens, coops or yards in which animals or fowl are kept or permitted
shall be maintained in a clean and sanitary condition, shall be dry and well
ventilated, shall be devoid of all rodents and vermin and shall be as free from
objectionable odors as can be obtained. The interior walls, ceilings, floors,
partitions and appurtenances of all such structures shall be whitewashed or
painted annually or more often as the city sanitarian shall direct. The city
sanitarian, upon the complaint of any individual, shall inspect any such
structure or premises and issue any such order as may be necessary to carry out
this section.
(Code
1980, § 10.05, subd. 5)
Cross
references: Solid waste
management, ch. 46.
Secs.
14-6--14-30. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Animal
means a dog, a cat or both.
At
large means not under
restraint.
Owner
means any person who owns, harbors, keeps or feeds a dog or cat or the owner of
the premises to which it returns.
Restrained
means within the limits of the owner's property or while confined within a
vehicle being driven or parked on the streets or on a leash, one end of which is
attached to a collar worn by the animal and the other end of which is firmly
held by a person of suitable age and discretion. Any animal not restrained is
unrestrained and at large.
Sterilized
means any spayed female or neutered male animal.
(Code
1980, § 10.04, subd. 1)
Cross
references: Definitions
generally, § 1-2.
The
city manager is authorized to employ animal control officers for enforcement of
this article and to have them deputized with police powers for such enforcement,
including authority to issue complaints for the violation of this article.
(Code
1980, § 10.04, subd. 11)
Cross
references: Officers and
employees, § 2-91 et seq.
(a)
Hospitals and clinics operated by licensed veterinarians exclusively for
the care and treatment of animals are exempt from this article except where such
duties are expressly stated.
(b)
Seeing Eye, hearing ear and guide dogs, properly trained as such and
under the control of a blind or deaf person are exempt from this article.
(Code
1980, § 10.04, subd. 12)
(a)
Single-family residences. It shall be a petty misdemeanor for any
person to own, keep, care for, have custody of or knowingly permit at any time
more than two dogs and two cats in or about a single-family residence of the
animal owner. Any single-family residence may contain both two dogs and two
cats; provided, however, this section shall not apply to the following:
(1)
One litter of pups or kittens under 90 days of age born to a licensed dog
or cat owner; or
(2)
Residents of newly annexed areas, provided that the owners have the
animals licensed within 90 days after annexation occurs, and until such time as
one or more of the illegal animals dies or for some other reason is not owned or
possessed by the resident.
(b)
Multifamily residences. A multifamily residence may have no more
than one dog and one cat.
(Code
1980, § 10.04, subd. 10)
(a)
It is a petty misdemeanor for any animal owner to keep an animal more
than six months old without a license from the city. It is the duty of each
owner to pay the license fee imposed and obtain the license prior to April 1 in
each licensing period or upon acquiring ownership or possession of any
unlicensed animal or upon establishing residence in the city. Licenses shall be
issued for a two-year period.
(b)
Any animal owner, upon first becoming a resident of the city or upon
acquiring an animal over six months old, shall be allowed 30 days from such time
within which to obtain the animal license.
(c)
No license shall be issued for an animal which has not been vaccinated
against rabies. The vaccine used for the vaccination shall be only that type
approved for use by the state. The vaccination shall be performed only by an
individual licensed to practice veterinary medicine in the state in which the
dog or cat is vaccinated. A certificate of vaccination from the veterinarian
administering the vaccination shall be required as part of the license
application, and the certificate shall state that the vaccination will be
effective during the term for which the license is issued.
(d)
The fee for the license required under this section shall be set by
resolution of the council for each sterilized animal and for each unsterilized
animal. An applicant for a license for a sterilized dog or cat shall present a
statement from a qualified veterinarian that the animal has been sterilized. The
charge for a license issued during the last 12 months of a licensing period
shall be one-half of the two-year fee set by the city council.
(e)
Upon payment of the license fee, the city clerk shall issue a receipt to
the owner and a license tag to be fastened to the collar of the animal. The
owner shall see that the license tag is constantly worn by such animal unless
the animal is in actual training or performance classes for obedience or
confirmation. If any license tag is lost, a substitute tag may be issued by the
city clerk upon presentation of the owner's receipt for the current year and
payment of a fee set by the council.
(f)
Dog and cat licenses are not transferable, and no refund will be made
because of the death of dog or cat or a change of residence.
(g)
The licensing requirements of this section shall not apply to any animal
belonging to a nonresident of the city and kept within the city for not longer
than 30 days, provided that all dogs shall at all times while within the city be
kept under restraint.
(Code
1980, § 10.04, subd. 2)
It
is a petty misdemeanor for any owner to permit a dog to be unrestrained at any
time. For purposes of this section, every dog at large is deemed at large and
unrestrained with the permission and at the sufferance of its owner. If a
violation of this section occurs, it shall be no defense that the offending dog
escaped or is otherwise at large without the permission or sufferance of its
owner.
(Code
1980, § 10.04, subd. 4(A))
No
animal shall be permitted on the city beach area or allowed to swim in the city
beach area. No animal shall be allowed in city parks and picnic areas unless
restrained and attended by an adult. No animal shall be permitted in the
municipal bathhouse or within the confines of the municipal outdoor swimming
pool.
(Code
1980, § 10.04, subd. 4(B))
(a)
Any animal found in the city without a license tag, running at large or
otherwise in need of impoundment under this article shall be placed in the
animal shelter, and an accurate record of the time of such placement shall be
kept on each animal. Every animal so placed in the animal shelter shall be held
for redemption by the owner for a period of not less than five regular business
days. A regular business day is one during which the shelter is open for
business to the public for at least four hours between 8:00 a.m. and 7:00 p.m.
Impoundment records shall be preserved for a minimum of six months and shall
show the following:
(1)
The description of the animal by species, breed, sex, approximate age,
and other distinguishing traits;
(2)
The location at which the animal was seized;
(3)
The date of seizure;
(4)
The name and address of the person from whom any animal three months of
age or over was received; and
(5)
The name and address of the person to whom any animal three months of age
or over was transferred.
(b)
If the impounded animal is unclaimed, such animal shall be humanely
destroyed and the carcass disposed of, unless it is requested by a licensed
educational or scientific institution under authority of M.S.A. § 35.71.
However, if a tag is affixed to the animal or a statement by its owner after
seizure specifies that the animal should not be used for research, such animal
shall not be made available to any such institution but may be destroyed after
the expiration of the five-day period.
(c)
If an animal is diseased, vicious, dangerous, rabid or exposed to rabies
and such animal cannot be impounded after a reasonable effort or cannot be
impounded without serious risk to the person attempting to impound, such animal
may be destroyed in a humane manner.
(d)
Except as otherwise provided in this article, any animal may be redeemed
from the shelter by the owner or his representative by the payment of the
license fee if not licensed and the payment of an impounding fee and daily
maintenance costs set by resolution of the council.
(e)
It is unlawful for any person to take or attempt to take from any
enforcement officer or the shelter any animal taken in the enforcement of this
article or to in any manner interfere or hinder such enforcement officer in the
discharge of duties under this article.
(f)
Any animal that has bitten a person shall immediately be impounded for at
least 14 days and kept apart from other animals until it is determined whether
the animal has rabies. Such impounding may be by the owner if the animal has a
current rabies vaccination at the time the bite occurs. If the animal does not
have a current rabies vaccination at the time the bite occurs, the animal must
be impounded at the shelter or with a licensed veterinarian.
(g)
Any animal six months of age or older adopted through the animal shelter
shall be sterilized within 30 days of adoption. Any animal under six months of
age adopted through the animal shelter shall be sterilized within 30 days after
it reaches the age of six months. The animal control officer is responsible for
the enforcement of this subsection.
(Code
1980, § 10.04, subd. 3)
It
is unlawful for any owner to keep a nuisance animal. For the purpose of this
section, a nuisance animal is one which:
(1)
Habitually barks, cries or howls;
(2)
At any time has attacked or bitten a person off the owner's premises;
(3)
At any time has destroyed property or habitually trespasses in a damaging
manner on property of a person other than the owner; or
(4)
Is vicious or shows vicious habits or molests pedestrians or bicyclists,
or interferes with the driving of automobiles on public streets.
(Code
1980, § 10.04, subd. 6)
(a)
Owners of animals are at all times responsible for the sanitation of
their animals, whether on their own property, on the property of other persons
or on public property.
(b)
It is a petty misdemeanor for any owner of a dog or other person in
charge of a dog to be upon a park or other public property with a dog and not
have in his immediate possession equipment for cleaning up any defecation which
may emit from such dog or to fail to clean up the defecation immediately and
dispose of it in a sanitary manner.
(c)
It is a petty misdemeanor for any owner of an animal to permit animal
waste to accumulate on his premises for more than 24 hours.
(Code
1980, § 10.04, subd. 7)
Cross
references: Solid waste
management, ch. 46.
It
is unlawful for any owner to fail to provide his dog or cat with sufficient
wholesome food and water, proper shelter and protection from the weather;
veterinary care when needed to prevent suffering; and with humane care and
treatment.
(Code
1980, § 10.04, subd. 8)
Whenever
the prevalence of rabies renders such action necessary to protect the public
health and safety, the city health officer shall issue a proclamation ordering
every person owning or keeping an animal to confine it securely on his premises.
It is unlawful to violate such proclamation, and any animal running at large
during the time fixed in the proclamation may be killed by any enforcement
officer without notice to the owner.
(Code
1980, § 10.04, subd. 9)
Secs.
14-43--14-65. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Wild
animal means and includes
any mammal, amphibian or reptile which is of a species which is wild by nature
or of a species which, due to size, vicious nature or other characteristic, is
inherently dangerous to human beings. Examples of wild animals considered
capable of inflicting severe bodily harm to humans include but are not limited
to the following:
(1)
Any large cat of the family Felidae, such as lions, tigers, jaguars,
leopards, cougars and ocelots, except commonly accepted domesticated house cats.
(2)
Any member of the family Canidae, such as wolves, coyotes, dingoes and
jackals, except domesticated dogs.
(3)
Any crossbreed such as crossbreeds between dogs and coyotes or dogs and
wolves, but not including crossbred domesticated animals.
(4)
Any poisonous snake such as a rattlesnake, coral snake, water moccasin,
puff adder or cobra.
(5)
Any snake or reptile which by its size or vicious nature or other
characteristic is dangerous to human beings.
(6)
Any skunk, raccoon or fox, unless certified by a veterinarian to be free
of rabies and kept pursuant to a valid state department of natural resources
permit, such certification to be obtained within seven days of receipt of the
animal. Skunks bred in captivity have been known to be rabies free for as long
as three generations and then have a litter of rabid animals. It can skip
generations.
(7)
Any bear, ape, gorilla, monkey or badger.
(8)
Any other animal or reptile which is commonly considered wild and not
domesticated, excluding wild horses.
(Code
1980, § 10.25, subd. 2)
Cross
references: Definitions
generally, § 1-2.
To
protect the health, safety and welfare of the citizens of the city, it shall be
unlawful to keep any wild, dangerous or undomesticated animal within the
corporate limits of the city except as permitted pursuant to this article.
(Code
1980, § 10.25, subd. 1)
Anyone
keeping or maintaining any wild animal shall comply with this article.
Extensions for compliance days may be granted by the city for good cause, but no
such extension shall permanently exempt a person from the requirements of this
article.
(Code
1980, § 10.25, subd. 5)
Any
person violating this article shall be guilty of a misdemeanor and shall be
punished as for a misdemeanor in accordance with section 1-13. A separate
offense shall be deemed committed on each day during or on which a violation
occurs or continues.
(Code
1980, § 10.25, subd. 6)
(a)
Any person desiring to keep an animal prohibited by this article may
apply for a conditional use permit. Such permit may be issued upon payment of a
fee to be set by the city for a period not to exceed one year and shall specify
conditions under which such animal shall be kept. However, no such permit shall
be issued unless the city finds that:
(1)
The animal is at all times kept or maintained in a safe manner and it is
at all times confined securely so that the keeping of such animal will not
constitute a danger to human life or the property of others.
(2)
Adequate safeguards are made to prevent unauthorized access to such
animal by members of the public.
(3)
The health or well-being of the animal is not in any way endangered by
the manner of keeping or confinement.
(4)
The keeping of such animal does not constitute a nuisance and will not
harm the surrounding neighborhood or disturb the peace and quiet of the
surrounding neighborhood.
(5)
The keeping of such animal will not create or cause offensive odors or
constitute a danger to public health.
(6)
The quarters in which such animal is kept or confined shall be suitable
shelter protected from the elements, shall be adequately lighted and ventilated
and shall be so constructed that it may be kept in a clean and sanitary
condition.
(7)
The applicant has provided the city with proof of the currently required
amount of liability insurance providing coverage for liability resulting from
the ownership or possession of the specific animal being permitted.
(8)
The person has no more than two wild animals.
(b)
Nonpoisonous snakes or snakes not prohibited by this article, birds kept
indoors, hamsters, mice, rabbits, lizards and similar small animals capable of
being kept in cages continuously are exempt and do not require a permit.
(c)
The raising of wild animals for pelts may be permitted by conditional use
permit, provided all applicable zoning requirements in chapter 74 and all
applicable state requirements are met.
(d)
The keeping of such animals in zoos, bona fide educational or medical
institutions is exempt from this article.
(e)
The keeping of such animals for exhibition to the public by a circus,
carnival or other exhibit or show is exempt from this article.
(f)
The keeping of such animals in a bona fide, licensed veterinary hospital
for treatment is exempt from this article.
(Code
1980, § 10.25, subd. 3)
Any
wild animal kept in violation of this article may be impounded by the city
unless such impounded animal is reclaimed and removed from the city or a permit
is issued to allow it to remain in the city or unless the owner petitions the
district court for a determination that the animal is exempt from this article.
Any such animal may be destroyed or sold five days following notice to the owner
of such animal's impoundment and notice of the provisions of this article.
(Code
1980, § 10.25, subd. 4)
__________
*Cross
references: Dwelling unit
rental, § 22-66 et seq.; plumbers, § 22-226 et seq.; sign hangers, § 22-321
et seq.; tree service, § 22-501 et seq.; water softener and water filtering
equipment installers, § 22-536 et seq.; fire prevention and protection, ch. 30;
housing, ch. 34; storage of junk cars, hazardous materials and equipment, §
38-62; open pits, basements and other excavations, § 38-63; disorderly house or
place of public resort prohibited, § 38-96; docks, § 42-31 et seq.; solid
waste management, ch. 46; streets and sidewalks, ch. 50; house numbering and
street naming, § 50-161 et seq.; subdivisions, ch. 54; utilities, ch. 66;
zoning and land use, ch. 74.
State
law references: Authority
to regulate the construction of buildings, M.S.A. § 412.221, subd. 28.
The
Minnesota State Building Code is adopted by reference as though set forth
verbatim in this chapter. One copy of such code shall be marked "City of
(Code
1980, § 4.01)
State
law references: State
building code applicable throughout the state, M.S.A. § 16B.62.
Every
person who violates any section or order of this chapter when he performs an act
thereby prohibited or declared unlawful or who fails to act when such failure is
thereby prohibited or declared unlawful or who performs an act prohibited or
declared unlawful or who fails to act when such failure is prohibited or
declared unlawful by a code adopted by reference by this chapter or who fails to
comply with an order made under this chapter, upon conviction, shall be punished
as for a misdemeanor in accordance with section 1-13.
(Code
1980, § 4.99)
It
is unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish any building or structure or any part or
portion thereof, including but not limited to the plumbing, ventilating, heating
or air conditioning systems therein, or cause the work to be done without first
obtaining a separate building, plumbing or mechanical permit for each such
building, structure or mechanical components from the inspection division.
(Code
1980, § 4.02)
Fees
for permits issued under this chapter, which may include a surcharge, shall be
determined by the council and fixed by its resolution, a copy of which shall be
in the office of the inspection division and uniformly enforced.
(Code
1980, § 4.03)
It
is unlawful for any person to construct any building or structure at an
elevation of less than 72 feet above city datum for the top of a foundation or
less than 70.7 feet above city datum for the grade around such building or such
structure, as established by the city engineer within the drainage area of
county ditch 25 within the city, the drainage area map of county ditch 25 being
a matter of public record and on file in the office of the city engineer.
(Code
1980, § 4.04)
(a)
In accordance with the rules and regulations of the state environmental
quality control (MEQC 21-41) and all acts amendatory thereof, whenever an action
as listed and defined in chapter 12 (MEQC-24) requires that the city prepare an
environmental assessment worksheet (EAW) and an environmental impact sheet (EIS),
the proposer of such action requiring an EAW and EIS shall be responsible to
provide such to the city, and a building permit shall not be granted until the
documents are presented to the city.
(b)
All assessable costs incurred by the city in the preparation of an EAW
and EIS shall be paid in full to the city by the proposer of the action
requiring the documents within 30 days after notification of completion of the
documents and notification of all assessable costs.
(c)
No action requiring the preparation of an EAW and EIS shall be approved
or disapproved by the council nor shall any building permit be granted until all
assessed costs of preparation of such documents have been paid in full to the
city.
(Code
1980, § 4.05)
Secs.
18-7--18-35. Reserved.
__________
*Cross
references: Traffic and
vehicles, ch. 62.
__________
No
building shall be moved on a lot or from one lot to another lot in any zoning
district when such building is not of a type permitted in that district or does
not substantially conform with the general outward appearance and structural
design of other buildings in the area. No building shall be moved for relocation
within the city unless such buildings shall conform to provisions of this Code
or unless adequate bond or cash deposit is given the city to insure
reconstruction of the building to substantial conformity with Code provisions
and with buildings in the area in which it is to be moved. If any building has
been constructed more than 40 years prior to the application for a permit for
moving, the age shall be prima facie evidence that the building does not comply
with this article until such time as the board of appeals has acted favorably
thereon.
(Code
1980, § 4.30, subd. 2)
(a)
Complete plans for buildings to be relocated shall be submitted and filed
with the inspection division prior to issuance of any permit, and the building
shall conform to the submitted plans upon completion. All applications to move a
building shall designate the site of the building to be moved and the site to
which the building is to be moved. A condition of issuance of a permit for
moving and relocating a building shall be compliance with all provisions of this
article, and continued compliance throughout the operation is necessary. For
noncompliance the permit shall be revoked by the inspection division and action
commenced as if no permit has been obtained. All buildings shall be moved in
conformity with the time and route designated by the inspection division.
(b)
Permits required under this section shall be issued only to building
movers licensed by the state.
(Code
1980, § 4.30, subds. 1, 3)
The
contractor and owner of the building to be moved shall make provision for the
discontinuance of all utility services prior to moving any buildings. All sewer
connections shall be removed to at least three feet below grade and plugged or
capped with concrete. Water services, if of iron or lead, shall be shut off at
the main, for which charges by the city will be computed on time and material
basis. If services are of copper they shall be shut off at the curb box. If no
permit for connection of water and sewer utilities on the premises is obtained
within six months after a permit for the moving of a building located thereon
has been obtained, the sewer and water utilities shall be shut off at the main
without cost to the city. Gas services shall be shut off and capped not less
than two feet below the surface level of the ground.
(Code
1980, § 4.30, subd. 4)
Cross
references: Utilities, ch.
66.
Secs.
18-39--18-65. Reserved.
Wrecking
of buildings shall be conducted in such a manner as not to create a nuisance to
persons on public streets or adjoining property. In wrecking any building the
upper story shall be completely removed before starting removal of the story
below, and all material shall be lowered to the ground immediately upon
displacement. Work shall be accomplished in accordance with safe practices. The
inspection division may require guard lights, fences, walkways or other
safeguards which, in its opinion, may be necessary for protection of the public.
Burning of combustible rubbish and debris from wrecking operations shall be
prohibited except in isolated areas, and then only when a written permit is
obtained from the fire chief.
(Code
1980, § 4.40, subd. 1)
A
condition of issuance of a building permit for wrecking a building shall be
compliance with all provisions of this article, and continued compliance
throughout the operation is necessary. For noncompliance the building permit
shall be revoked by the inspection division and action commenced as if no permit
has been obtained.
(Code
1980, § 4.40, subd. 2)
Any
person wrecking a building larger than ten feet by 20 feet, due to the height of
building, proximity to a public right-of-way or proximity to another building or
the public or any individual may be endangered, shall show evidence by filing a
certificate of insurance that he carries proper liability and property damage
insurance with the currently required minimum limits.
(Code
1980, § 4.40, subd. 3)
A
cash deposit in the amount determined by the inspection division within
limitations adopted by resolution of the council shall be deposited with the
city treasurer prior to the issuance of a permit for wrecking a building. Such
deposit shall be to guarantee the removal of all debris as a result of the
wrecking, to guarantee the filling of the basement or any other excavation and
leveling of the vacated premises and to cover any damage suffered or expenses
incurred by the city as a result of wrecking operations. The making of such cash
deposit shall not prevent the city from the collection of further damages in
excess of the amount deposited if further damages are sustained.
(Code
1980, § 4.40, subd. 4)
The
contractor and owner shall make provision for the discontinuance of all utility
services prior to wrecking any buildings. All sewer connections shall be removed
to at least three feet below grade and plugged or capped with concrete. Water
services, if of iron or lead, shall be shut off at the main, for which charges
by the city will be computed on time and material basis. If services are of
copper they shall be shut off at the curb box. If no permit for connection of
water and sewer utilities on the premises is obtained within six months after a
permit for the wrecking of a building located thereon is issued, the sewer and
water utilities shall be shut off at the main without cost to the city. Gas
services shall be shut off and capped not less than two feet below the surface
level of the ground.
(Code
1980, § 4.40, subd. 5)
Cross
references: Utilities, ch.
66.
Secs.
18-71--18-100. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Swimming
pool means any pool
intended for swimming or bathing, regardless of whether or not a fee is charged
for such use.
(Code
1980, § 10.20, subd. 1)
Cross
references: Definitions
generally, § 1-2.
State
department of health, chapter 4717, Public Swimming Pool Rules, is adopted by
reference as though set forth verbatim in this article. One copy of such
regulation shall be marked "City of
(Code
1980, § 10.20, subd. 2)
The
provisions of the regulation adopted by reference in section 18-102 shall apply
to all public swimming, wading and therapeutic pools for the purpose of
providing standards of operation and maintenance in order that health and safety
hazards will be minimized. It is unlawful for any person to fail to comply with
this regulation. However, this article shall not apply to a private residential
pool limited to use by the owner, his family and guests.
(Code
1980, § 10.20, subd. 3)
Secs.
18-104--18-130. Reserved.
__________
*Cross
references: Plumbers, §
22-226 et seq.; utilities, ch. 66.
__________
It
is the duty of every owner or occupant of any property within the city, having a
dwelling house or business building situated thereon, which property is abutting
a street in which there are city water and sewer mains, to install a toilet in
such dwelling or business building and make connection with such water and sewer
mains. The city shall serve written notice upon the owner or occupant requiring
the installation of toilet facilities upon premises described in such notice,
and connection thereof with the sewer and water mains, all of which shall be
done within 30 days after service of such written notice. Whenever any owner or
occupant shall default in compliance with such written notice, the council may
by resolution direct that a toilet be installed and connection made with the
water and sewer mains and that the actual cost of such installation be paid in
the first instance out of the general revenue fund and assessed against the
property so benefited. After such installation and connection is completed by
order of the council, the city shall serve written notice of intention to make
an assessment therefor. If such assessment is not paid within ten days, the city
shall certify the amount thereof to the county auditor in the same manner as
with other special assessments, provided that the council may by resolution
provide that the assessment be spread over a term of five years upon written
request by the owner of the property.
(Code
1980, § 10.02)
__________
*Cross
references: Administration,
ch. 2; alcoholic beverage licenses, § 6-31 et seq.; amusements and
entertainments, ch. 10; garbage and refuse haulers, § 46-36 et seq.; lodging
tax, § 58-26 et seq.
__________
(a)
Definition. The term "franchisee," as used in this
section, means any person to whom special privileges are granted in, over, upon
or under any of the streets or public places of the city, whether such privilege
has been granted to it by the state or shall be granted by the city or by the
state.
(b)
Franchise fee. A franchisee may be obligated by the city to pay
the city fees to raise revenue or defray increased costs accruing as a result of
utility operations or both, including but not limited to a sum of money based
upon gross operating revenues or gross earnings from its operations in the city.
(Code
1980, § 2.07)
Charter
references: Franchises, ch.
10.
State
law references: Regulation
of franchises by charter cities, M.S.A. § 410.09.
Secs.
22-2--22-25. Reserved.
The
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Applicant
means any person making an application for a license under this chapter.
Application
means a form with blanks or spaces thereon, to be filled in and completed by the
applicant as his request for a license, furnished by the city and uniformly
required as a prerequisite to the consideration of the issuance of a license for
a business.
Bond
means a corporate surety document in the form and with the provisions acceptable
and specifically approved by the city attorney.
Business
means any activity, occupation, sale of goods or services or transaction that is
either licensed or regulated or both licensed and regulated by the terms and
conditions of this chapter.
License
means a document issued by the city to an applicant permitting him to carry on
and transact a business.
License
fee means the money paid
to the city pursuant to an application and prior to issuance of a license to
transact and carry on a business.
Licensee
means an applicant who, pursuant to his application, holds a valid, current,
unexpired and unrevoked license from the city for carrying on a business.
(Code
1980, § 6.01)
Cross
references: Definitions
generally, § 1-2.
(a)
All applications for licenses shall be made at the office of the city
clerk upon forms that have been furnished by the city for such purpose.
(b)
All initial applications shall be accompanied by a payment of a fee to
cover the cost of investigation as provided in this article.
(c)
All such applications shall be accompanied by the appropriate fee, a
certificate of insurance or both if required and must be subscribed, sworn to
and include but not be limited to the following:
(1)
The applicant's full name and citizenship.
(2)
The applicant's present address and length of time he has lived at that
address.
(3)
For initial applications only, the applicant's occupation and length of
time engaged.
(4)
The applicant's addresses and occupations for the three years last
preceding the date of application.
(5)
Names and addresses of the applicant's employers, if any, for the three
years last preceding the date of application.
(6)
Whether or not the applicant has ever been convicted in the last five
years of a felony, gross misdemeanor or misdemeanor in this state or any other
state, including violation of a municipal ordinance but excluding traffic
violations, and, if so, the date and place of conviction and the nature of the
offense.
(7)
The type of license and location of the premises for which application is
made.
(8)
At least four character references if the applicant has not resided in
the city for two years last preceding the date of application.
(9)
Such other information as the council shall deem necessary considering
the nature of the business for which license application is made.
(d)
It is unlawful for any applicant to intentionally make a false statement
or omission upon any application form. Any false statement in such application
or any willful omission to state any information called for on such application
form shall, upon discovery of such falsehood, work an automatic refusal of the
license or, if already issued, shall render any license or permit issued
pursuant thereto void and of no effect to protect the applicant from prosecution
for violation of this chapter or any part of this chapter.
(e)
The city clerk shall, upon receipt of each application completed in
accordance with this section, forthwith investigate the truth of statements made
therein and the moral character and business reputation of each applicant for a
license to such extent as he deems necessary. For such investigation the city
clerk may enlist the aid of the chief of police. The council shall not consider
an application before such investigation has been completed.
(f)
Applications for renewal licenses may be made in such abbreviated form as
the council may by resolution adopt.
(g)
The council may grant any application for the period of the remainder of
the then-current calendar year or for the entire ensuing license year. All
applications, including proposed license periods, must be consistent with this
chapter.
(Code
1980, §§ 6.02, 6.03, subd. 1)
It
is unlawful for any person to knowingly permit any real property owned or
controlled by him to be used, without a license, for any business for which a
license is required by this chapter.
(Code
1980, § 6.06)
Except
as otherwise provided, all fees for licenses under this chapter shall be fixed
and determined by the council, adopted by resolution, and uniformly enforced.
Such license fees may, from time to time, be amended by the council by
resolution. A copy of the resolution setting forth currently effective license
fees shall be kept on file in the office of the city clerk and open to
inspection during regular business hours.
(Code
1980, § 6.04)
Notwithstanding
any provision of law to the contrary, the council may, upon a finding of the
necessity therefor, place such conditions and restrictions upon a license as it,
in its discretion, may deem reasonable and justified.
(Code
1980, § 6.08)
If
an application for a license is approved, the city clerk shall forthwith issue a
license pursuant thereto. All licenses shall be on a calendar-year basis, unless
otherwise specified in this chapter as to particular businesses. Unless
otherwise specified in this chapter, license fees shall be prorated on the basis
of 1/12 for each calendar month or
part thereof remaining in the then-current license year. For licenses where the
fee is less than $100.00, a minimum license fee of equal to one-half of the
annual license fee shall be charged. Licenses shall be valid only at one
location and on the premises therein described.
(Code
1980, § 6.03, subd. 2)
A
license may be denied to an applicant by the council solely or in part due to a
prior conviction of a crime by an applicant only upon a finding that such
conviction directly relates to the occupation for which the license is sought,
and then only after considering evidence of rehabilitation and such other
evidence as may be presented, all in accordance with state statutes. However, an
applicant must show his present fitness to perform the occupation for which the
license is sought.
(Code
1980, § 6.07)
The
council may, for any reasonable cause, refuse to grant any application for a
license or may revoke any license. Before revocation of any license, the council
shall give notice to the licensee and grant such licensee opportunity to be
heard. The notice to be given and the exact time of hearing shall be stated in
the action calling for such hearing.
(Code
1980, § 6.03, subd. 5)
(a)
Right to deny. The council reserves to itself the right to deny
any application for a license to operate any business licensed or regulated
under this chapter where such business involves service to the public; rates
charged for service; use of public streets or other public property by the
applicant or the public; or the public health, safety and convenience. The
council may also consider the location of such business in making such
determination. However, before making such determination, the council shall hold
a public hearing thereon pursuant to notice to interested parties and the public
as it may deem necessary or proper in the action calling for such hearing.
(b)
Rates. Where, under specific provisions of this chapter, the
council has reserved to itself the right to fix or approve fees, rates or
charges of a licensed or regulated business, such rates shall be uniform for
each category or class of service, and no licensee or proprietor of a regulated
business shall claim or demand payment in excess thereof.
(c)
Hearing. Any applicant or licensee under this chapter who
challenges denial of a license or rates fixed or approved by the council shall
have a right to a hearing before the council upon written request therefor.
Notice of the time, place and purpose of such hearing shall be given to such
persons and by such means as the council may determine in calling the hearing.
(Code
1980, § 6.10)
Licenses
shall terminate only by expiration or revocation.
(Code
1980, § 6.03, subd. 4)
Applications
for renewal of an existing license shall be made at least 30 days prior to the
date of expiration of the license and shall contain such information as is
required by the city. Any proprietor who operates a place of business after the
expiration date without first having made application for a license and without
having made payment of the fee thereof shall be deemed to have violated this
chapter and shall be subject to prosecution as provided in this chapter.
(Code
1980, § 6.09)
Every
solicitor shall at all times when so engaged carry his license on his person.
Every other licensee shall post his license in his place of business near the
licensed activity. However, if a machine or other device is licensed, the city
may provide a sticker for the current license year which shall be affixed to the
front or clearly visible part of each machine or device requiring such sticker.
Every licensee shall display his license upon demand by any officer or citizen.
(Code
1980, § 6.05)
No
license shall be transferable between persons or to a different location.
(Code
1980, § 6.03, subd. 3)
Duplicates
of all original licenses may be issued by the city clerk, without action by the
council, upon the licensee's signed statement that the original has been lost
and upon payment of the currently required fee for issuance of the duplicate.
All duplicate licenses shall be clearly marked "duplicate."
(Code
1980, § 6.03, subd. 6)
Secs.
22-40--22-65. Reserved.
__________
*Cross
references: Buildings and
building regulations, ch. 18.
__________
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Hotel,
motel or lodging means any
building or portion thereof, including clusters of unattached or semiattached
cabins or cottages, which is intended or designed to be used or which is used,
rented or hired out to be occupied for sleeping purposes.
(Code
1980, § 6.45, subd. 1)
Cross
references: Definitions
generally, § 1-2.
All
rules and regulations of the state department of health relating to lodging
establishments, as amended, are adopted by reference as if those regulations are
set forth verbatim in this article. One copy of the regulations shall be marked
"City of
(Code
1980, § 6.45, subd. 3)
Secs.
22-68--22-90. Reserved.
Each
year every person engaged in the business of operating a hotel or operating a
lodginghouse having accommodations for five guests or more shall procure a
license for each such hotel or lodginghouse.
(Code
1980, § 6.45, subd. 2)
Secs.
22-92--22-120. Reserved.
__________
*Cross
references: Alcoholic
beverages, ch. 6.
State
law references: Authority
to regulate and license restaurants and public eating houses, M.S.A. § 412.221,
subd. 30.
__________
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Food
or beverage establishment
means any building, room, stand, enclosure, vehicle, space, area or other place
wherein food or beverages are prepared, distributed, served, sold or offered for
sale to the public at retail, regardless of whether there is a charge for the
article.
(Code
1980, § 6.47, subd. 1)
Cross
references: Definitions
generally, § 1-2.
(a)
It is unlawful for any person to operate a food or beverage establishment
without a license from the city.
(b)
Food or beverage establishments in local, state or federal agencies,
churches and employee coffeeshops which serve only employees of the operator of
the establishment shall not be required to obtain a license, but shall be
subject to all of the requirements of this article.
(Code
1980, § 6.47, subds. 2, 3(D))
(a)
Federal rules. All food and beverage establishments shall be
subject to the rules and regulations set forth in the U.S. Department of Health,
Education and Welfare Food Service Sanitation Manual, current publication,
unless the state department of health has or may from time to time adopt more
stringent standards. One copy of the regulations, together with any applicable
amendments, shall be marked "City of
(b)
Design, fabrication and installment of the equipment and utensils.
Sanitary design, fabrication and installment of the equipment and utensils shall
comply with the standards of the National Sanitation Foundation, as have been
adopted by and may from time to time be amended by the state department of
health. One copy of the standards shall be marked "City of
(c)
Restroom facilities.
(1)
Food or beverage establishments providing indoor seating for patrons
shall provide on the premises toilets and lavatories for patrons according to
the seating capacity (occupancy) as provided by the Minnesota Plumbing Code
Plumbing Fixtures 4715.1215. Separate facilities shall be provided for each sex.
Food or beverage establishments enclosed within buildings, such as motels,
shopping centers, etc., may serve patrons who have access to toilet facilities
of the building, if they are easily accessible and conveniently located.
(2)
This subsection shall apply to food or beverage establishments locating
in premises not licensed as food or beverage establishments on the effective
date of the ordinance from which this section derives. However, if an existing
establishment located in premises having no facilities for patrons is sold or
otherwise transferred, at least one restroom facility shall be provided for
patrons before a license is issued to a new owner.
(Code
1980, § 6.47, subd. 3(A)--(C))
Secs.
22-124--22-150. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
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 property or other valuable
thing 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 so
mortgaged.
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.
Cross
references: Definitions
generally, § 1-2.
Any
person violating this article shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with section 1-13.
This
article shall not apply to or include the following:
(1)
The sale of goods at an auction held by an auctioneer.
(2)
The business of buying or selling only those secondhand goods taken as
part or full payment for new goods and where such business is incident to and
not the primary business of a person.
(3)
A bulk sale of property from a merchant, manufacturer or wholesaler
having an established place of business or goods sold at open sale from bankrupt
stock.
(4)
Goods sold at an exhibition, providing the exhibition does not last
longer than ten days in any 12-month period.
(5)
Sales by a licensed automobile dealer.
(6)
Firearms, including antique firearms, sold by firearms dealers holding
current valid federal firearms dealer licenses permitting them to deal in such
sales.
(7)
Sales made by the sheriff or other public officials in the discharge of
their official duties.
(8)
Sales made by assignees or receivers appointed in this state to make
sales for the benefit of creditors.
(9)
The sale of secondhand goods where all the following conditions are
present:
a.
The sale is held on property occupied as a dwelling by the seller or the
property is owned, rented or leased by a charitable or political organization.
b.
The items offered for sale are owned by the occupant or person acting in
association with the owner/occupant for the purpose of conducting a garage or
yard sale.
c.
The sale does not exceed a period of 72 consecutive hours.
d.
Not more than two sales are held either by the same person or on the same
property in any 12-month period.
e.
None of the items offered for sale have been purchased for resale or
received on consignment for the purpose of resale.
(10)
The sale of secondhand books and magazines.
(11)
The sale of furniture, clothing and related accessories.
(Ord.
No. 9, 3d, § 1, 11-10-97)
Under
this article, the following acts are prohibited:
(1)
Minors. A minor may not sell or consign or attempt to sell or
consign goods with a secondhand goods dealer or pawnbroker. A secondhand goods
dealer or pawnbroker may not receive goods from a minor.
(2)
Others. A secondhand goods dealer or pawnbroker may not receive
any goods from a person of unsound mind or an intoxicated person.
(3)
Identification. A secondhand goods dealer or pawnbroker may not
receive goods, unless the seller presents identification in the form of a valid
picture driver's license or official state photo identification,
(a)
A licensed secondhand goods dealer and pawnbroker, at the time of receipt
of an item, must immediately record, in ink or other indelible medium in the
English language, in a book or word processing unit, the following information:
(1)
An accurate description of the item, including but not limited to any
trademark, identification number, serial number, model number, brand name and
other identifying marks on such item.
(2)
The purchase price.
(3)
The date, time and place of receipt.
(4)
The name, address, phone number and date of birth of the person from whom
the item was received.
(5)
The identification number from any of the following forms of
identification of the seller:
a.
Valid picture driver's license.
b.
Official state photo identification, passport or military identification.
(b)
The books, as well as the goods received, must be open for inspection by
the police department during business hours. The records required by this
section must be stored and maintained by the licensee for a period of at least
three years.
For
the following items, regardless of resale price, a secondhand goods dealer or
pawnbroker must make out, on forms approved by the police department, and send
daily by mail or courier to the police department a legible description of the
goods received during the preceding day, together with the time received and a
description of the individual from whom the goods were received:
(1)
Items with a serial number or other personal identification number or
symbol or items from which such number or symbol has been or may have been
removed, altered or obliterated.
(2)
Cameras.
(3)
Electronic audio or video equipment.
(4)
Precious jewelry or gems and precious metals.
(5)
Artist signed or artist attributed works of art.
(6)
Guns and firearms.
(7)
Items not included in this section, except furniture and kitchen or
laundry appliances, which the secondhand goods dealer or pawnbroker intends to
sell for more than $200.00.
An
item received by a secondhand goods dealer or pawnbroker from which a report to
the police is required may not be sold or otherwise transferred for a period of
12 days after the date of such report to the police. However, an individual may
redeem an item pawned 72 hours after the item was received on deposit, excluding
Sundays and legal holidays.
If a
city police officer or other law enforcement officer notifies a secondhand goods
dealer or pawnbroker not to sell an item, the item may not be sold or removed
from the licensed premise until authorized to be released by the police or by
court order. The notification, if verbal, should be followed by a written order
within 72 hours setting forth the item to be held and the reasons therefor.
Any
peace officer or a properly designated employee of the city or the state may
enter, inspect and search business premises licensed under this article during
normal business hours, without a warrant.
Secs.
22-160--22-185. Reserved.
(a)
No person may engage in the business of a secondhand goods dealer or
pawnbroker without first having obtained a license from the city.
(b)
A pawnbroker may not conduct, operate or engage in the business of
secondhand goods dealer without having obtained a secondhand goods dealer
license in addition to a pawnbroker license. A secondhand goods dealer may not
conduct, operate or engage in the business of a pawnbroker without having
obtained a pawnbroker license in addition to a secondhand goods dealer license.
(a)
Contents. An applicant for a license required under this division
must complete an application form provided by the chief of police. The
application must be in a form and request information of the applicant as
determined by the chief of police.
(b)
Execution. If the applicant is a natural person, the application
must be signed and sworn by the person; if a corporation, by an agent authorized
to sign; if a partnership, by a partner.
(c)
Fees. The application must be accompanied by the required license
fee and the established fee for investigation. The annual license fee, but not
the investigation fee, will be returned to the applicant if the application is
rejected or denied.
(d)
False statements. It is unlawful to knowingly make a false
statement in the license application. In addition to all other penalties, the
license may be subsequently revoked by the city council for violation of this
subsection.
(a)
Pawnbroker. The annual fee for a pawnbroker shall be set by the
city council by resolution.
(b)
Secondhand goods dealer. The annual license fee for a secondhand
goods dealer, not a pawnbroker, shall be set by the council by resolution.
(c)
Investigations. In addition to the annual license fee, the city
council may establish, by resolution, an investigation fee to be paid upon
initial application and upon any change in ownership. Change in ownership shall
include, in the case of a corporation, a change in ownership of more than five
percent of shares.
A
pawnbroker or secondhand goods dealer license will not be issued unless the
applicant files with the city clerk a bond with corporate surety, cash or a
A
pawnbroker or secondhand goods dealer license will not be issued:
(1)
To a person who is not a citizen of the
(2)
To a person under 18 years of age.
(3)
Subject to the provision of law, to a person who has been convicted of
any state or federal law relating to receiving stolen property, sale of stolen
property or controlled substance, burglary, robbery, theft, damage or trespass
to property, operation of a business, or any law or ordinance regulating the
business of pawnbrokers or secondhand goods dealers.
(4)
To a person who, within five years of the license application date, had a
pawnbroker or secondhand goods dealer license revoked.
(5)
To a person who the city council determines not to be of sufficient good
moral character or repute.
(6)
If the city council determines, after investigation and public hearing,
that the issuance or the renewal of the license would adversely affect public
health, safety or welfare.
(a)
The city, prior to granting of an initial or renewed pawnbroker or
secondhand goods dealer license, must conduct a background and financial
investigation of the applicant. Any person having a beneficial interest in the
license must be investigated. The chief of police shall cause to be made such
investigation of the information requested in this article and shall make a
written recommendation and report to the city council. The chief of police must
verify the facts stated in the application and must report all convicted
violations of state, federal or municipal law involving the applicant,
interested persons or the unlicensed premises while under the applicant's
proprietorship.
(b)
At the time of each original application for a license, the applicant
shall pay in full an investigation fee, in an amount set by city council
resolution. All investigation fees are nonrefundable.
(c)
At any time that an additional investigation is required because of a
license renewal, a change in ownership or control of the licensee or because of
an enlargement, alteration or extension of the premises previously licensed, the
licensee shall pay an investigation fee in an amount set by city council
resolution. All investigation fees are nonrefundable. The investigation fee
shall accompany the application.
A
pawnbroker or secondhand goods dealer license will not be issued without a
public hearing. Any person having an interest in or who will be affected by the
proposed license will be permitted to testify at the hearing.
After
review of the license application, investigation report and public hearing, the
city council may grant or refuse, for one or more of the reasons set forth in
section 22-195, the application for a new or renewed pawnbroker or secondhand
goods dealer license. A license will not be effective unless the application fee
and bond have been filed with the chief of police.
The
pawnbroker or secondhand goods dealer license is issued for a period of one year
beginning on August 1. However, if the application is made during the license
year, a license may be issued for the remainder of the license year for a
monthly pro rata fee. The unexpired fraction of a month will be counted as a
complete month. The license expires on July 31.
A
license required under this division may be denied, suspended or revoked by the
city council after a public hearing, where the licensee is granted the
opportunity to be heard, for one or more of the following reasons:
(1) The operation of the busine