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2011 Ord No. 474 - 488 2011 ORDINANCES Approved Published 474 Amending the Shorewood Zoning Code as it Pertains to Side 2/28/11 3/10/11 Yard Setbacks Abutting Fire Lanes 475 Amending the Shorewood City Code to Replace Existing 5/9/11 Res.#11-23 Chapter 302 in its entirety with a revised Chapter 302 (Sale 5/19/11 Of Tobacco) 476 Adopting the 2011 S-6 Supplement to the Code of Ordinances 5/23/11 Res #11-27 For the City of Shorewood 6/2/11 477 Amending Title 1000 of the Shorewood City Code Concerning 7/11/11 Res #11-40 Electrical Regulations 7/21/11 478 Amending the Shorewood City Code as it Pertains to Supplemental 8/22/11 9/1/11 Feeding of Deer 479 Amending the Shorewood Rental Housing Code as it Pertains to 8/22/11 9/1/11 Private Well Drinking Water Testing 480 Relating to Criminal History of Background Checks for Applicants 8/22/11 9/1/11 For City Employment and Licenses 481 Amending the Shorewood Zoning Code as it Pertains to Accessory 9/26/11 10/6/11 Buildings 482 Amending the Shorewood City Code to Replace Existing Chapter 301 in its Entirety with a Revised Chapter 301 (Gambling) 9/26/11 Res#11-51 10/6/11 483 Fee Amendment – Gambling Fees 9/26/11 10/6/11 484 Amending Chapter 308 of the Shorewood City Code as it Pertains to 10/24/11 11/26/11 Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 485 Amending the Shorewood Zoning Code As It Pertains to the Granting 11/14/11 11/26/11 Of Variances 486 Amending Title 100 of the Shorewood City Code Concerning Domestic 11/14/11 11/26/11 Partners 487 Amending the Shorewood Zoning Code as it Pertains to Dynamic 11/28/11 12/8/11 Display Signs 488 Fee Amendment Adding Domestic Partners registration fees 11/28/11 12/8/11 CITY OF SHOREWOOD ORDINANCE NO. 474 AN ORDINANCE AMENDING THE SHORE WOOD ZONING CODE AS IT PERTAINS TO SIDE YARD SETBACKS ABUTTING FIRE LANES Section 1. City Code Section 1201.03 Subd. 19.d. is hereby amended to include: "(6) Lots with side yards abutting fire lanes shall provide a total of 30 feet of side yard setback with no one side being less than 10 feet." Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of February 2011. 0 /11�- �,Wk CHRISTINE LIZEE, MAYOR /]IW_II_MCC ADMINISTRATOR/CLERK CITY OF SHOREWOOD ORDINANCE NO. 475 AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE TO REPLACE EXISTING CHAPTER 302 IN ITS ENTIRETY WITH A REVISED CHAPTER 302 (SALE OF TOBACCO) Section 1. Chapter 302 (Sale of Tobacco) of the Shorewood City Code is hereby deleted in its entirety and replaced with: "CHAPTER 302 SALE OF TOBACCO Section 302.01 Purpose 302.02 Definitions 302.03 License 302.04 Fees 302.05 Basis for denial of license 302.06 Prohibited sales 302.07 Vending machines 302.08 Self- service sales 302.09 Responsibility 302.10 Compliance checks and inspections 302.11 Other illegal acts 302.12 Violations and hearing process 302.13 Penalties 302.14 Exceptions and defenses 302.01 PURPOSE. Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, and tobacco- related devices, and the sales, possession and use are violations of both state and federal Laws; and because studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this chapter shall be intended to regulate the possession and use of tobacco, and tobacco- related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, and tobacco - related devices and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in M.S. section 144.391. 302.02 Shorewood - Business Regulations 302.02 302.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, and tobacco- related devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase tobacco, or tobacco - related devices for educational, research and training purposes as authorized by state and federal laws. COMPLIANCE CHECKS may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, and tobacco - related devices. INDIVIDUALLY PACKAGED. The practice of selling any tobacco wrapped individually for sale. Individually wrapped tobacco shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. LOOSIES. The common term used to refer to a single or individually packaged cigarette. MINOR. Any natural person who has not yet reached the age of 18 years. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. RETAIL ESTABLISHMENT. Any place of business where tobacco, or tobacco - related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores and restaurants. SALE. Any transfer of goods for money, trade, barter or other consideration. SELF - SERVICE MERCHANDISING. Open displays of tobacco, or tobacco - related devices in any manner where any person shall have access to the tobacco, or tobacco - related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, or tobacco- related device between the customer and the licensee or employee. Self- service merchandising shall not include vending machines. 302 -2 302.02 Sale of Tobacco 302.03 TOBACCO. Cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. TOBACCO - RELATED DEVICES. A pipe, rolling paper or other device intentionally designed or intended to be used in a manner which enables tobacco to be chewed, stuffed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, or tobacco - related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, or tobacco- related device. (1987 Code, § 302.02) 302.03 LICENSE. No person shall sell or offer to sell any tobacco, or tobacco - related device without first having obtained a license to do so from the city. Subd. 1. Application. An application for a license to sell tobacco, or tobacco - related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought and any additional information the city deems necessary. Upon receipt of a completed application, the City Administrator /Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the City Administrator /Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. 302 -3 302.03 Sale of Tobacco 302.04 Subd. 2. Action. The city may either approve or deny the license or it may delay action for the reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city shall approve the license, the City Administrator /Clerk shall issue the license to the applicant. If the city denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd. 3. Term. All licenses issued under this chapter shall expire on the last day of October of each year. Subd. 4. Revocation or suspension. Any license issued under this chapter may be revoked or suspended as a penalty for a violation. No suspension or revocation may take effect until the licensee has received notice, either personally or by mail, of the opportunity for a hearing pursuant to section 302.12 of this chapter. Subd. 5. Transfers. All licenses issued under this chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 6. Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this chapter. Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (1987 Code, § 302.03) URA1111 118 W No license shall be issued under this chapter until the appropriate license fee shall be paid in full. The fee for a license shall be as provided in section 1301.02 of this code. (1987 Code, § 302.04) 302 -4 302.05 Sale of Tobacco 302.06 302.05 BASIS FOR DENIAL OF LICENSE. Subd. 1. The following shall be grounds for denying the issuance or renewal of a license under this chapter; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. a. The applicant is under the age of 18 years; b. The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco - related devices; c. The applicant has had a license to sell tobacco or tobacco - related devices revoked within the preceding 12 months of the date of the application; d. The applicant fails to provide any information required on the application or provides false or misleading information; e. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding a license. Subd. 2. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. (1987 Code, § 302.05) 302.06 PROHIBITED SALES. It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, or tobacco - related device: Subd. 1. To any person under the age of 18 years; Subd. 2. By means of any type of vending machine, except as may otherwise be provided in this chapter; Subd. 3. By means of self - service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, or tobacco- related device and whereby there is not a physical exchange of the tobacco, or tobacco - related device between the licensee or the licensee's employee and the customer; fcZ1l► I 302.06 Sale of Tobacco 302.08 Subd. 4. By means of loosies as defined in this chapter; Subd. 5. Containing opium, morphine, jimson weed, bella donna, sthychnos, cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; Subd. 6. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision or other regulation. (1987 Code, § 302.06) 302.07 VENDING MACHINES. It shall be unlawful for any person licensed under this chapter to allow the sale of tobacco, or tobacco - related devices by the means of a vending machine unless an employee of the licensed establishment at all times is required to activate the machine for each sale. (1987 Code, § 302.07) Penalty, see § 104.01 302.08 SELF - SERVICE SALES. It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, or tobacco - related devices by any means whereby the customer may have access to the items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, or the tobacco - related device between the licensee or his or her clerk and the customer. All tobacco, and tobacco- related devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. (1987 Code, § 302.08) Penalty, see § 104.01 302 -6 302.09 Sale of Tobacco 302.09 RESPONSIBILITY. 302.11 All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, or tobacco- related devices on the Licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting an employee of the licensee to whatever penalties are appropriate under this section, state or federal law or other applicable law or regulation. (1987 Code, § 302.09) 302.10 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the Police Department or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to purchase tobacco, or tobacco - related devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, or tobacco - related devices when the items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes or required for the enforcement of a particular state or federal law. (1987 Code, § 302.10) 302.1.1 OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a violation of this chapter. Subd. 1. Illegal sales to minors. It shall be a violation of this chapter for any person to sell or otherwise provide any tobacco, or tobacco - related device to any minor. Subd. 2. Illegal possession. It shall be a violation of this chapter for any minor to have in his or her possession any tobacco, or tobacco - related device. This subdivision shall not apply to minors lawfully involved in a compliance check. 302 -7 302.11 Sale of Tobacco 302.12 Subd. 3. Illegal use. It shall be a violation of this chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, or tobacco - related device. Subd. 4. Illegal procurement. It shall be a violation of this chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, or tobacco- related device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain the items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, or tobacco- related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 6. Illegal sales by minors. It shall be a violation of this chapter: a. For anyone under the age of I8 to sell tobacco, or tobacco - related devices; b. For a licensee to cause or permit anyone under the age of 18 to sell tobacco, or tobacco - related devices. (1987 Code, § 302.11) Penalty, see § 104.01 302.12 VIOLATIONS AND HEARING PROCESS. Subd. 1. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. Hearings. If a person accused of violating this section so requests, a hearing shall be scheduled, the time and place of which shall be provided to the accused violator. Subd. 3. Hearing officer. A hearing officer designated by the city shall serve as the hearing officer. 302 -8 302.12 Sale of Tobacco 302.13 Subd. 4. Decision. If the hearing officer determines that a violation of this chapter did occur, that decision along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 302.13 of this chapter shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator. Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the city in which the alleged violation occurred. Subd. 6. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (1987 Code, § 302.12) Penalty, see § 104.01 302.13 PENALTIES. Subd. 1. Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine as provided in section 1301.02 of this code. In addition, after the third offense, the license shall be suspended for not less than seven days. Subd. 2. Other individuals. Other individuals, other than minors regulated by subdivision 3 of this section, found to be in violation of this chapter shall be charged an administrative fee as provided in section 1301.02 of this code. Subd. 3. Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco - related devices may be subject to enrollment and evidence of successful completion of a tobacco education course provided by Independent School District (Minnetonka) 276 or Independent School District 277 (Westonka) for the first offense and subject to a fine of $100 for each offense subsequent. 302 -9 302.13 Sale of Tobacco 302.14 Subd. 4. Misdemeanor. Nothing in this chapter shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (1987 Code, § 302.13) Penalty, see § 104.01 302.14 EXCEPTIONS AND DEFENSES. Nothing in this chapter shall prevent the providing of tobacco, or tobacco- related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law. (1987 Code, § 302.14) Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of May 2011. Christine Lizke, Mayor ATTEST: J BYian ecf, y ,c ministrator /Clerk ,. 302 -10 CITY OF SHOREWOOD ORDINANCE NO. 476 AN ORDINANCE ENACTING AND ADOPTING THE 2011 S -6 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the fifth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 473 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the sixth supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2011 S -6 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 23rd day of May, 2011. Christine Liz&, Mayor ATTEST SHOREWOOD, MINNESOTA Instruction Sheet 2011 S -6 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title page Title page ADOPTING ORDINANCE 11,12 TITLE. 100: ADMINISTRATION 106-1,106-2 106-1,106-2 TITLE 200: BOARDS AND COMMISSIONS 201 -I through 202 -4 201 -1 through 202 -4 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 -21 through 1201 -28B 1201 -21 through 1201 -28B 1201 - 39,1201 -40 1201-39 through 1201 -40B 1201 - 43,1201 -44 1201 -43 through 1201 -44B 1201 - 61,1201 -62 1201 -61 through 1201 -62B 1201 -85, 1201 -86 1201 -85 through 1201 -86B TITLE 1300: MUNICIPAL, FEES 1301 -3, 1301 -4 1301 -3, 1301 -4 1301 -11, 1301 -12 1301 -11, 1301 -12 PARALLEL REFERENCES 3 through 8 3 through 8 11,12 11, 12 23, 24 23,24 27,28 27, 28 INDEX 13, 14 13, 14 PDl - 415111 Exhibit A CITY OF SHOREWOOD ORDINANCE NO. 477 AN ORDINANCE AMENDING TITLE 1000 OF THE SHOREWOOD CITY CODE CONCERNING ELECTRICAL REGULATIONS Section 1. Title 1000 of the Shorewood City Code is amended by adding Chapter 1006 to provide as follows: "CHAPTER 1006 ELECTRICAL REGULATIONS Section 1006.01 Purpose; Application of this Section 1006.02 Electrical Inspector, Qualifications and Appointment 1006.03 Standards for Electrical Equipment Installation 1006.04 Connections to Installations 1006.05 Permits and Inspectors 1006.01 PURPOSE; APPLICATION OF THIS SECTION. Subd. 1. The purpose of this Section is to implement the provisions of the Minnesota State Building Code and Minnesota Rules Chapter 1315 which adopts the National Electrical Code. Subd. 2. The provisions of this Section shall apply to all installations of electrical conductors, fittings, devices, fixtures hereinafter referred to as "electrical equipment ", within or on public and private buildings and premises, with the following general exceptions. The provisions of this Section do not apply to the installations in mines, ships, railway cars, aircraft, automotive equipment or the installations or equipment employed by a railway, electric or communication utility in the exercise of its functions as a utility, except as otherwise provided in this Section. Subd. 3. As used in this Section, "reasonably safe to persons and property" as applied to electrical installations and electrical equipment means safe to use in the service for which the installation or equipment is intended without unnecessary hazard to life, limb or property. Subd. 4. For purposes of interpretation of the provisions of this Section, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions and scope of words and terms used in this Section. 1006.02 ELECTRICAL INSPECTOR, QUALIFICATIONS AND APPOINTMENT. Subd. 1. Creation; Qualifications: There is hereby created the office of Electrical Inspector. The person chosen to fill the office of Electrical Inspector shall be of good moral character, shall be possessed of such executive ability as is requisite for the performance of the Inspector's duties and shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment; shall be well versed in approved methods of construction for safety to persons and property; the statutes of the State relating to electrical work and any orders, rules and regulations issued by authority thereof; and the National Electrical Code as approved by the American Standards Association; shall have two (2) years' experience as an electrical inspector or five (5) years' experience in the installation of electrical equipment, or a graduate mechanical or electrical engineer with two (2) years of practical electrical experience. a. Licensed Inspector. The electrical inspector shall be a licensed master or journeymen electrician as defined under Minnesota Statutes. b. Duties of the Electrical Inspector. It shall be the duty of the Inspector to enforce the provisions of this Section. The Inspector shall, upon application, grant permits for the installation or alteration of electrical equipment, and shall make inspections of electrical installations, all as provided in this Section. The Inspector shall keep complete records of all permits issued, inspections and reinsertions made and other official work performed in accordance with the provisions of this Section. C. No Financial Interest. It shall be unlawful for the Inspector to engage in the sale, installation or maintenance of electrical equipment, directly or indirectly, and the Inspector shall have no financial interest in any concern engaged in any such business. d. Authority of Electrical Inspector. The Inspector shall have the right during reasonable hours to enter any building or premises in the discharge of the Inspector's official duties, or for the purpose of making any inspection, reinsertion or test of electrical equipment contained therein or its installation. When any electrical equipment is found by the hrspector to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the Inspector to place such equipment in safe condition. If such work is not completed within fifteen (15) days or any longer period that may be specified by the Inspector in said notice, the Inspector shall have the authority to disconnect or order discontinuance of electrical service to said electrical equipment. In cases of emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of the Fire Department, the Inspector shall have the authority to disconnect or cause disconnection immediately of any electrical equipment. 1006.03. STANDARDS FOR ELECTRICAL EQUIPMENT INSTALLATION Subd. 1. All installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the provisions of this Section and the applicable statutes of the State and all orders, rules and regulations issued by the authority thereof. All electrical equipment shall be listed and labeled by a testing agency. Subd. 2. Conformity of installations of electrical equipment with applicable regulations set forth in the current National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that such installations are reasonably safe to persons and property. Noncompliance with the provisions of this Section or the National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that the installation is not reasonably safe to persons and property. Subd. 3. The Electrical Inspector may, with approval of the Building Official, authorize installations of special wiring methods other than herein provided for. Subd. 4. Buildings or structures moved from without to within and within the limits of the City shall conform to all of the requirements of this Code for new buildings or structures. Subd. 5. Existing buildings or structures hereafter changed in use shall conform in all respects to the requirements of this Code for the new use. 1006.04. CONNECTIONS TO INSTALLATIONS Subd. 1. It shall be unlawful for any person to make connections from a supply of electricity to any electrical equipment for the installation of which a permit is required or which has been disconnected or ordered to be disconnected by the Electrical Inspector. Subd. 2. The public or private utility providing services shall disconnect the same upon a written order from the Electrical Inspector, if the Inspector considers any electrical installation unsafe to life and property or installed contrary to this Code. 1006.05 Permits and Inspectors Subd. 1. Permit Required. An electrical permit is required for each installation, alteration, addition or repair of electrical work for light, heat and power within the limits of the City. Permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the State. Permits for the installation, alteration, addition or repair of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the State or to resident owners of property where the work is to be done. Subd. 2. Public Service Corporation Exception. No permit shall be required for electrical installations of equipment owned, leased, operated or maintained by a public service corporation which is used by said corporation in the performance of its function as a utility, except that such electrical installation shall conform to the minimum standards of the National Electrical Safety Code. Subd.3. Ownership. Ownership of any transmission or distribution lines or appurtenances thereto, including, but not limited to, transformers, shall not be transferred by a public service corporation to any person, except another franchised public service corporation dealing in electric energy for distribution and sale, without a permit first having been issued therefore by the City. Such permit shall be issued only after the facilities to be transferred have been inspected and approved as provided in this Section and upon payment of an inspection fee as set forth in this Section of the Section. Subd. 4. Application and Plans. Application for such permit, describing the electrical work to be done, shall be made in writing, to the City by the person so registered to do such work. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the electrical installation as described will be in conformity with all the legal requirements. The fees for electrical inspection as set forth in this Section shall accompany such application. If applicant has complied with all of the provisions of this Section, a pen for such electrical installation shall be issued. Subd. 5. Concealment. All electrical installations which involve the concealment of wiring or equipment shall have a "rough -in" inspection prior to concealment, wherein the Inspector shall be duly notified in advance, excluding Saturday, Sunday and holidays. Subd. 6. Inspection Fees. a. Permits Required Before commencing any installation of any work regulated by this Section, a permit therefore shall be secured from the Building Department and the fee for such permit paid. The fess schedule set forth in Minnesota Statutes § 32613.37 is adopted by reference and incorporated herein. No such permit shall be issued to do any of the work or make any installation regulated by this Section except to persons licensed to do such work under the terms of this Section. Holders of a contractor's license shall not obtain permits for electrical work unless the work is supervised by them and is performed by workers employed by them or their firm. b. Fees Double. When: Should any person begin work of any kind, such as set forth in this Section, or for which a permit from the Electrical Inspector is required by ordinance, without having secured the necessary permit therefore from the Inspector of Buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, that person shall, when subsequently securing such permit, be required to pay double the fees provided for such permit. C. Additional Fees and/or Shortages. Additional fees and /or fee shortages must be received by the City within fourteen (14) days of written notice. If additional fees and /or fee shortages are not received within fourteen (14) days of notice, permits for electrical installations will not be accepted by the City until such time as the additional fees and/or fee shortages are received. Subd.7. Electrical Inspections. a. At regular intervals, the Electrical Inspector shall visit all premises where work may be done under annual permits and shall inspect all electrical equipment installed under such a permit since the day of the last previous inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the provisions of this Section, after the fee required has been paid. b. When any electrical equipment is to be hidden from view by the permanent placement of parts of the building, the person installing the equipment shall notify the Electrical Inspector and such equipment shall not be concealed until it has been inspected and approved by the Electrical Inspector or until twenty four (24) hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such scheduled inspection; provided, that on large installations where the concealment of equipment proceeds continuously, the person installing the electrical equipment shall give the Electrical Inspector due notice and inspections shall be made periodically during the progress of the work. C. If upon inspection, the installation is not found to be fully in conformity with the provisions of this Section, the Electrical Inspector shall at once forward to the person making the installation a written notice stating the defects which have been found to exist." Section 2. Sunset. This Ordinance shall be revoked without further action of the city council once the Department or Labor and Industry is funded for the 2011 fiscal year by legislative enactment of a state budget. Section 3. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of July, 2011. SCO'ff ZER Y, CTING MAYOR ATTEST: ADMINISTRATOR/CLERK CITY OF SHOREWOOD ORDINANCE NO. 478 AN ORDINANCE AMENDING THE SHOREWOOD MUNICIPAL CODE AS IT PERTAINS TO SUPPLEMENTAL FEEDING OF DEER Section 1. City Code Title 700 is hereby amended to include: "CHAPTER 704 PROHIBITION ON FEEDING DEER Section 704.01 Purpose 704.02 Prohibition on supplemental deer feeding 704.03 Exemptions from provisions 704.04 Violation 704.01 PURPOSE It is hereby determined that an increasing population of deer within the city poses a threat to public safety by increasing the likelihood of deer - vehicle collisions, and the transmission of diseases to humans from deer; poses a threat to native plant and animal life by excessive foraging which disturbs natural ecological balances; and poses a threat to the quality of life by deer - related damage to landscaping and vegetable gardens. This Chapter is intended to reduce these threats by restricting supplemental feeding of deer, which results in unnatural concentrations of deer and can affect the normal movement of deer within the community. It is not the intent of this Chapter to regulate the recreational feeding of birds. 704.02 PROHIBITION ON SUPPLEMENTAL DEER FEEDING Prohibition: No resident may place or permit to be placed on the ground, or within five (5) feet of the ground surface any grain, fodder, salt licks, fruit, vegetables, nuts, seeds, hay or other edible materials which may reasonably be expected to intentionally result in deer feeding, unless such items are screened or protected in a manner that prevents deer from feeding on them. Living fruit trees and other live vegetation shall not be considered as supplemental deer feeding. 704.03 EXEMPTIONS FROM PROVISIONS. The prohibition described in Section 704.02, above shall not apply to: Subd. 1. Veterinarians, city animal control officials or county, state or federal game officials who are in the course of their duties and have deer in their custody or under their management; Subd. 2. Persons authorized by the City of Shorewood to implement the Deer Management Program approved by the City Council; or Subd. 3. Any food placed upon the property for purposes of trapping or otherwise taking deer where such trapping or taking is pursuant to a permit issued by the Minnesota Department of Natural Resources. 704.04 VIOLATION. Any person who violates any of the provisions of this chapter shall be deemed guilty of a Class A Offense, pursuant to Chapter 104.03 of this Code." Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. Section 3. This Ordinance shall be in effect until September 1, 2012, unless the City Council takes affirmative action to extend it. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of August 2011. ATTEST f Brian Heck, City Administrator /Clerk Christine Lizee, Mayor CITY OF SHOREWOOD ORDINANCE NO. 479 AN ORDINANCE AMENDING THE SHOREWOOD RENTAL HOUSING CODE AS IT PERTAINS TO PRIVATE WELL DRINKING WATER TESTING Section 1. City Code Section 1004.04 Subd. 2. is hereby amended to add: "r. Drinking Water. The property owner of rental dwelling units having domestic water supplied by private well must provide a test result of the water from a lab certified by the Minnesota Department of Health at the time of application for initial license. (1) The domestic water supply must be tested upon renewal every three -years thereafter or earlier upon change of property ownership. (2) The domestic water supply must meet the standards as established by Minnesota Rules Part 4720.0350 as may be amended from time to time for Arsenic, Nitrates, and coliform bacteria." Section 2. City Code Section 1004.04 Subd. 3, is hereby amended to add: "h. Domestic water used primarily for consumption which exceeds the safe drinking water standards contained in Minnesota Rules Part 4720.0350 as may be amended from time to time for Arsenic, Nitrates, and coliform bacteria, must be brought into compliance by the property owner before a rental license is issued." Section 3. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of August 2011. CHRISTINE LIZEE, MAYOR CITY OF SHOREWOOD ORDINANCE NO. 480 AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES Section 1 . Title 100, Chapter 105 of the Shorewood City Code shall be amended by adding Section 105.06. EMPLOYMENT BACKGROUND CHECKS. 105.06 EMPLOYMENT BACKGROUND CHECKS Subd. 1. Purpose. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non- criminal purposes of employment background checks for positions described in the Employee Handbook. Subd. 2. Criminal History Employment Background Investigations: The South Lake Minnetonka Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following positions within the city, unless the city's hiring authority concludes that a background investigation is not needed: a. Employment positions: (1) All regular part-time employees, full -time employees, seasonal employees, regular employees, and probationary employees as defined in the City of Shorewood Employee Handbook and other positions that work with children or vulnerable adults. (2) In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the hiring authority, including the City Council, the City Administrator, or other city staff involved in the hiring process. (3) Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will not reject an applicant for employment on the basis of the applicant's prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following: a. The grounds and reasons for the denial. b. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for employment. d. That all competent evidence of rehabilitation will be considered upon reapplication. Section 2 . Title 300, Chapter 303 of the Shorewood City Code shall be amended by adding a new CHAPTER 303 LICENSE BACKGROUND CHECKS as follows: CHAPTER 303 LICENSE BACKGROUND CHECKS FOR APPLICANTS OF CITY LICENSES Section 303.01 Purpose 303.02 Criminal History License Background Investigations 303.01 PURPOSE. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non - criminal purposes of licensing background checks. 303.02 CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS. The South Lake Minnetonka Police Department is hereby required, as the exclusive entity within the City, to conduct a criminal history background investigation on the applicants for the following licenses within the city, or those licenses as determined by licensing authority as provided in the Shorewood City Code Titles 300 and 400: a. Employees and/or Officers and /or Partners of Licensed Tobacco and Liquor Establishments b. Applicants for Transient Merchant, Solicitor, Peddler or Canvasser Licenses C. Applicants, Operators, Managers, and /or Employees of Adult Use Establishments d. Applicants, Operators, Managers, and /or Employees of Therapeutic Massage establishments In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Administrator, or other city staff involved the license approval process. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following: a. The grounds and reasons for the denial. b. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for the license. d. That all competent evidence of rehabilitation will be considered upon reapplication. Section 3 . That this ordinance shall take effect upon its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of August, 2011. ATTEST: Christine Lizee, Mayor CITY OF SHOREWOOD ORDINANCE NO. 481 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO ACCESSORY BUILDINGS Section 1. City Code Section 1201.03 Subd. 2.d.(4) is hereby amended to read: "(4) For single - family and two - family homes, no accessory building, including attached garages, or combination of accessory buildings shall exceed three in number, nor 1200 square feet in area in the R -IA, R -113, R -IC, R -2A, R -213 and R -3A Districts, nor 1000 square feet in area in the R -1 D, R -2C, R -313 and R -C Districts, except by conditional use permit as provided for in Section 1201.04 of this Chapter. In addition, the following conditions shall apply:" Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of Administrator /Clerk CITY OF SHOREWOOD ORDINANCE NO. 482 AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE TO REPLACE EXISTING CHAPTER 301 IN ITS ENTIRETY WITH A REVISED CHAPTER 301 (GAMBLING AND RAFFLES) Section 1. Chapter 301 (Gambling and Raffles) of the Shorewood City Code is hereby deleted in its entirety and replaced with: "CHAPTER 301 GAMBLING AND RAFFLES Section 301.01 Purpose 301.02 Adoption of state law by reference 301.03 City may be more restrictive than state law 301.04 Definitions 301.05 Applicability 301.06 Lawful gambling permitted 301.07 Council approval 301.08 Application and local approval of premises permits 301.09 Local acknowledgement of exempt permits 301.10 License and permit display 301.11 Notification of material changes to application 301.12 Local gambling tax 301.13 Penalty 301.01 PURPOSE. The purpose of this chapter is to regulate and control the conduct of certain gambling activities pursuant to the provisions of M.S. Chapter 349. (1987 Code, § 301.01) 301 -1 301.02 Shorewood - Business Regulations 301.05 301.02 ADOPTION OF STATE LAW BY REFERENCE. The provisions of M.S. Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling, are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the Council that all future amendments of M.S. Chapter 349 are hereby adopted by reference or referenced as if they had been in existence at the time this chapter was adopted. 301.03 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The Council is authorized by the provisions of M.S. § 349.213, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on gambling within its limits beyond those contained in M.S. Chapter 349, as it may be amended from time to time. 301.04 DEFINITIONS. In addition to the definitions contained in M.S. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this chapter: BOARD. The State of Minnesota Gambling Control Board, CITY. The City of Shorewood, Minnesota. COUNCIL. The City Council of Shorewood, Minnesota. LICENSED ORGANIZATION. An organization licensed by the Board. EXEMPT PERMIT. A permit acknowledged by the city. TRADE AREA. The City of Shorewood, Minnesota and each city and township contiguous to this city. 301.05 APPLICABILITY. This chapter shall be construed to permit all forms of lawful gambling within the city except Subd.1. Bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if: the prizes for a single bingo game do not exceed $10; total prizes awarded at a single bingo occasion do not exceed $200; no more than two bingo occasions are held by the organization or at the facility each week; only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo game; no compensation is paid for any persons who conduct the bingo; and a manager is appointed to supervise the bingo. 301 -2 301.05 Gambling and Raffles 301.08 Subd. 2. Raffles, if the value of all prizes awarded by the organization in a calendar year does not exceed $1500. 301.06 LAWFUL GAMBLING PERMITTED. Lawful gambling is permitted within the city provided it is conducted in accordance with M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; M.S. § § 349.11 to 349.23, inclusive, as they may be amended from time to time, and this chapter. 301.07 COUNCIL APPROVAL. Lawful gambling authorized by M.S. § § 349.11 to 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the city, subject to the provisions of this chapter and state law. Penalty, see § 301.13 301.08 APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS. Subd. 1. Any organization seeking to obtain a new premises permit from the Board shall file with the City Administrator /Clerk an executed, complete duplicate application together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three days after they have been filed with the Board. Subd. 2. Upon receipt of an application for issuance of a premises permit, the City Administrator /Clerk shall transmit the application to the Police Department for review and recommendation. Subd. 3. The Police Department shall investigate the matter and make a review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. Subd. 4. Organizations applying for a state - issued premises permit shall pay the city an investigation fee as provided in 1301.02 of this code. This fee shall be refunded if the application is withdrawn before the investigation is commenced. Subd. 5. The Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application. Subd. 6. The Council shall disapprove an application for issuance of a premises permit for any of the following reasons: a. Violation by the gambling organization of any state statute, state rule or city ordinance relating to gambling within the last three years. 301 -3 301.08 Shorewood - Business Regulations 301.11 b. Violation by the on -sale establishment or organization leasing its premises for gambling of any state statute, state rule or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years. Otherwise the Council shall pass a resolution approving the application. 301.09 LOCAL ACKNOWLEDGEMENT OF EXEMPT PERMITS. Subd. 1. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by M.S.§ 349.166, as it may be amended from time to time, without local acknowledgement of the exempt permit. This section shall not apply to lawful gambling exempted from local regulation by § 301.05. Subd. 2. Applications for issuance of an exempt permit shall be submitted to the city on a form prescribed by the Board. Subd. 3. The Council may establish by ordinance a local fee for an exempt permit, as provided in §1301.02. The fee shall be submitted with the application for an exempt permit. Subd. 4. Upon receipt of the application for an exempt permit and local permit fee, the city shall review the application for completeness, acknowledge and return the application to the applicant. Subd. 5. Exempt permits shall be valid for the date(s) of activity noted on the permit application. Penalty, see § 301.13 301.10 LICENSE AND PREMISES PERMIT DISPLAY. All permits issued tinder state law or this chapter shall be prominently displayed during the permit year at the premises where gambling is conducted. Penalty, see § 301.13 301.11 NOTIFICATION OF MATERIAL CHANGES TO APPLICATION. An organization holding a state- issued premises permit or an exempt permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. Penalty, see § 301.13 301 -4 301.12 Gambling and Raffles 301.12 LOCAL GAMBLING TAX. 301.13 The City Council may, by ordinance, establish a local gambling tax imposed on the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. 301.13 PENALTY. Any person who violates: Subd. 1. Any provision of this chapter; Subd. 2. M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; or Subd. 3. M.S. § 349, as they may be amended from time to time, or any rules promulgated under those sections, as they may be amended from time to time; shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both, not to exceed statutory limits, plus in either case the costs of prosecution." Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September 2011. Q �*� -L-� Christine Lizi , Mayor ATTEST: 301 -5 CITY OF SHOREWOOD ORDINANCE NO. 483 AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule. A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section 1. Miscellaneous Permits and Licenses, change the Gambling license fees from: to: Type of Charge /Fee Amount of CharggTF Gambling license 301.06.2 $100 biennial 301.06.1 $25 temporary Type of Charge /Fee Amount of Charge /Fee Premises Permit -New 301.08.4 $100 Investigation fee Gambling permit- exempt 301.09.3 $25 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 26th day of September 2011. ATTEST: Christine Liz6e, Mayor Administrator /Clerk CITY OF SHOREWOOD ORDINANCE NO. 484 AN ORDINANCE AMENDING CHAPTER 308 OF THE SHOREWOOD CITY CODE AS IT PERTAINS TO TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES Section L Chapter 308.01 SCOPE AND PURPOSE is hereby amended to read: "The purpose of this chapter is to prevent fraud, and criminal activity, such as burglary, theft and assault, and to protect the privacy of residents in their homes by requiring commercial solicitors, peddlers, transient merchants, and canvassers to be licensed and to impose restrictions on their operations within the city that are narrowly tailored to address the risks these operations pose to the public health, safety and welfare. It is not the purpose of this chapter to burden interstate commerce or interfere with constitutionally - protected rights under the First Amendment of the United States Constitution or Art. 1, Section 3 of the Minnesota Constitution." Section 2. CHAPTER 308.02 DEFINITIONS, the definition for Garage Sales is hereby amended to read: "GARAGE SALES. Any isolated or occasional display and sale of used personal property or home - crafted items conducted on residential premises by the occupant of the residential property or the display and sale of the items or seasonal goods or merchandise on the premises of a community center, school or church. GARAGE SALES shall include rummage sales, basement sales, yard sales, porch sales, craft sales and all other periodic sales at a residential location, community center, school, or church." Section 3. CHAPTER 308.04 EXCLUSIONS, Subd. 3., is hereby amended to read: "Subd. 3. Garage, rummage and craft sales. Garage sales, rummage sales and craft sales, provided that: a. None of the items offered for sale shall have been obtained for resale or received on consignment for sale, except for the display and sale of seasonal goods and merchandise on the premises of a community center, school or church; b. Any sale shall be conducted solely within the boundaries of the property owned or occupied by the occupant who is conducting the sale; c. There shall be no more than four garage sales conducted at any one residence during any period of 12 calendar months; d. No garage or rummage sale shall be conducted during any part of more than three consecutive days, except that the display and sale of seasonal goods and merchandise on the premises of a community center, school or church shall not exceed 30 consecutive days; e. No garage sale maybe conducted before 8:00 a.m. or after 10:00 p.m.; Church signage is limited to one nonilluminated temporary sign, not exceeding six square feet in area, advertising the garage sale, for which a sign permit is not required. The sign may be displayed for the duration of the sale only; g. The display or sale of seasonal goods or merchandise on the premises of a community center, school or church shall not take up required parking as provided for in § 1201.03, subdivision 5 of this code and shall comply with setback requirements for the zoning district in which the property is located." Section 4. CHAPTER 308.04 EXCLUSIONS, is hereby amended to add: "Subd. 4. Other. Merchants or their employees delivering goods to established customers in the regular course of business, the sale of goods or admissions to events by K -12 students where the proceeds of such sales benefit a program or activity in which the student is involved, governmental organizations, or to the sale of goods by members of the Girl Scouts or Boy Scouts of America." Section 5. CHAPTER 308.05 NO FEE FOR CANVASSING, RELIGIOUS, POLITICAL, EDUCATIONAL AND CHARITABLE ORGANIZATIONS, Subd. 3 and Subd. 4, is hereby amended to read: "Subd. 3. The period during which the canvassing is to be conducted; Subd. 4. A complete list of those to do canvassing giving full name, address and date of birth for background review and permit approval by the Police Department." Section 6. CHAPTER 308.06 LICENSE APPLICATION, Subd. 2. g. is hereby amended to read: "g. A photograph of the applicant. The applicant must submit a photo taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishable manner; or, the applicant must come into the city office to have his /her photo taken for the license." Section 7. CHAPTER 308.08, LICENSE FEE AND LICENSURE, is hereby amended to read: "The license fee for engaging in a transient business, peddling or soliciting shall be established by ordinance by the City Council, from time to time, and shall be payable at the time of application for a license. A license, unless revolted, is for the length of time and dates noted on the application, not to exceed a 12 -month period or part thereof for which it has been issued. License fees may not be prorated." Section 8. CHAPTER 308.11, LICENSE LIMITATIONS, Subd. 6, is hereby amended to read: "Subd. 6. Door -to -door activities allowed under the provisions of this chapter shall be restricted to hours between 9:00 a.m. and 8:00 p.m." Section 9. Chapter 308.12, the title is hereby amended to read: "308.12 PEDDLERS, TRANSIENT MERCHANTS, CANVASSERS AND SOLICITORS MAY BE PROHIBITED BY PLACARD" Section 10. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of October, 2011. Christine Lizee, Mayor ATTEST: Administrator /Clerk CITY OF SHOREWOOD ORDINANCE NO. 485 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO THE GRANTING OF VARIANCES Section 1. City Code Section 1201.02 is hereby amended as follows: The definition of "HARDSHIP" is deleted in its entirety. The following definition is added: "PRACTICAL DIFFICULTIES. In connection with the request for a variance from compliance with the requirements of this Code, where a property owner proposes to use the subject property in a reasonable manner not permitted by the Code in which the plight of the property owner giving rise to the variance request is due to circumstances unique to the property not created by the property owner or a previous property owner and the variance, if granted, is in harmony with the general purposes and intent of the Zoning Code, is consistent with the Comprehensive Plan and will not alter the essential character of the locality. Practical difficulties include but are not limited to inadequate access to direct sunlight for solar energy systems. Economic considerations alone do not constitute practical difficulties." The definition of "VARIANCE" is amended to read: "VARIANCE. A relaxation of the requirements of this Code where a property owner proposes to use the subject property in a reasonable manner not permitted by the Code, such deviation will be in harmony with the general purposes and intent of the Code, consistent with the Comprehensive Plan, and will not alter the essential character of the locality and where, owing to physical conditions unique to the individual property under consideration and not the result of the actions of the property owner or previous property owner, compliance with the Code would result in practical difficulties as defined herein." Section 2. City Code Section 1201.05 Subd. l.b. is amended to read: "b. Variances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and to grant the variances only when it is demonstrated that the actions will be in keeping with the spirit and intent of this chapter." Section 3. City Code Section 1201.05 Subd. 2.b.(3) is hereby amended to read: "(3) The special conditions and circumstances are not the result of actions by the property owner or previous property owner." Section 4. City Code Subd. 3.£(2) is hereby amended to read: "(2) The Council may impose any condition it considers necessary to protect the public health, safety and welfare, provided such conditions are directly related to and bear a rough proportionality to the impact of the variance." Section 5. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of November 2011. CHRISTINE LIZEE, MAYOR ATTEST: UCLERK -2- CITY OF SHOREWOOD ORDINANCE NO. 486 AN ORDINANCE AMENDING TITLE 100 OF THE SHOREWOOD CITY CODE CONCERNING DOMESTIC PARTNERS THE CITY COUNCIL OF THE CITY OF SHOREWOOD ORDAINS: Section 1. Title 100 of the Shorewood City Code is amended by adding Chapter 110 to provide as follows: "CHAPTER 110 DOMESTIC PARTNERSHIP REGISTRY Section 110.01 Purpose 110.02 Definitions 110.03 Registration of Domestic Partnerships 110.04 Amendments to Domestic Partnership Registration 110.05 Termination of Domestic Partnership 110.06 Fees 110.01 PURPOSE The City of Shorewood authorizes and establishes a voluntary program for the registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside in Shorewood and who share a life and home together may document their relationship, thus enabling the registered couple access to employment benefits, hospital or health care visitation, and other such voluntary benefits. The adoption of this ordinance does not amend, create, or establish rights, privileges, or responsibilities that are available to married couples under state or federal law. 110.02 DEFINITIONS The following words and phrases used in this ordinance have the meanings given in this Section. Subd. 1. Domestic Partner. Means any two adults meeting all of the following: L Are not related by blood closer than permitted under marriage laws of the state of Minnesota. 2. Are not married. 3. Are competent to enter a contract. 4. Are jointly responsible to each other for the necessities of life. 5. Are committed to one another to the same extent as married persons are to each other. 6. Do not have any other domestic partner(s) 7. Are both at least 18 years of age. 8. Reside in the City of Shorewood. Subd. 2. Domestic Partnership. The term "Domestic Partnership" shall include, upon production of a valid government- issued documentation, the following: 1. Any persons currently registered as domestic partners with a governmental body pursuant to state, local, or other law authorizing such registrations, or 2. Marriages that would be legally recognized as a contract of lawful marriage in another local, state, or foreign jurisdiction, but for the operation of Minnesota law such as a same sex marriage in states that recognize and/or authorize them by law. 110.03 REGISTRATION OF DOMESTIC PARTNERSHIPS Subd. 1. The City Clerk shall make available upon request, a city application for the registration of a domestic partnership. Subd. 2. The City Clerk shall accept an application to register as domestic partners from persons who state in the application they meet the definition of domestic partner as set out in Section 110.02, subd. 1. Subd. 3 The City Clerk shall provide each domestic partner, following submission of the application and upon payment of all required fees, a registration certificate that may be used as evidence of the existence of a domestic partner relationship. Subd. 4. The City Clerk shall keep a record of each domestic partner certification as well as amendments thereto and termination thereof. Records pertaining to the registration shall be maintained in accordance with the provisions of the Minnesota Government Data Practice Act. Such certificates may be used as evidence of the existence or termination of a domestic partnership. 110.04 AMENDMENTS The City Clerk will accept amendments for filing from persons who have domestic partnership registrations on file with the city, except for amendments that change the identity of the partners, unless said amendment is accompanied by docmnentation from the district court approving a legal name change. 110.05 TERMINATION OF DOMESTIC PARTNERSHIP The Domestic Partnership registration shall terminate when the earlier of the following occurs: a. One of the partners dies; or b. Forty-five days after one partner: a) sends the other partner written notice, on a form provided by the city, that he or she is terminating the partnership; and b) files the notice of termination with an affidavit of service of the notice on the other person, with the City Clerk. The City Clerk shall send notice to the other partner that the partnership registry has been terminated. 110.06 FEES The fee to apply, amend, terminate, or obtain certified copies of the registration are established in accordance with Chapter 1301 of the Shorewood City Code." Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHORE WOOD this 14th day of November, 2011. ATTEST Christine Lizee, Mayor Administrator /Clerk CITY OF SHOREWOOD ORDINANCE NO. 487 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO DYNAMIC DISPLAY SIGNS Section 1. City Code Section 1201.02 is hereby amended to include: "SIGN— DYNAMIC DISPLAY. A signor characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays." Section 2. City Code Section 1201.03 Subd. l Lb.(2)(c) is amended to read: "(c) Any sign which moves, rotates, has any moving parts or gives the illusion of motion, except for time and temperature information and dynamic display signs as regulated in section e. of this subdivision ;" Section 3. City Code Section 1201.03 Subd. 11. is hereby amended to include: "e.. Dynamic Display Signs. (1) Purpose. The purpose of this Section is to allow new technologies in commercial signage that allow messages to be easily updated, while at the same time preventing distraction to motorists and minimizing visual impacts of electronic signage on residential properties. The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and then potential threat to public safety. (2) Permitted Sign Type and Locations. Dynamic display signs are permitted solely as free - standing signs and only in the C -1, General Commercial and C -2, Commercial Service zoning districts. Dynamic display signs shall be located no closer than 20 feet from a side lot line. The dynamic display portion of a freestanding sign shall be located at the bottom of the sign face. Any portion of a dynamic display sign that consists solely of an alpha- numeric message shall not be counted in the allowable area for the dynamic display sign, provided the alpha- numeric message remains static for no less than four hours at a time. To the extent that signage is allowed in the residential zoning districts, including the R -C, Residential /Commercial zoning district, dynamic display signs shall be restricted to conditional uses in those districts, and shall be limited to alpha- numeric signs only. Alpha- numeric institutional signs shall be limited to 20 square feet in area and shall be timed to remain static for no less than 90 minutes at a time. (3) Duration of Image. A dynamic display sign's image, or any portion thereof, may not change more often than once every ten -(" 10 minutes, except one for which changes are necessary to correct hour - and - minute, date, or temperature information and except as provided in (2) above. A display of time, date, or temperature must remain for at least ten (10) 10 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every Lie -(3j 60 seconds. (4) Transition. If a dynamic display sign's image or any portion thereof changes, the change sequence must be instantaneous without any special effects. (5) Prohibition on Video Display. No portion of a dynamic display sign may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. (6) Prohibition on Fluctuating or Flashing Illumination. No portion of a dynamic display sign image may fluctuate in light intensity or use intermittent, strobe or moving Light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. (7) Audio. Dynamic display signs shall not be equipped with audio speakers. (8) Malfunctions. Dynamic display signs must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic display signs must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the City that it is not complying with the standards of this Subdivision. (9) Brightness. All dynamic display signs shall meet the following brightness standards: (a) No dynamic display sign may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between sunset to sunrise as measured from the sign's face at maximum brightness. (b) All dynamic display signs having illumination by means other than natural light must be equipped with an ambient light sensor and a dimmer control or other mechanism to continuously adjust the sign's brightness to ensure at any time the sign's intensity does not exceed 0.3 foot candles above ambient light levels as measured from 100 feet from the sign's face and automatically controls the sign's brightness to comply with the requirements of this subdivision. (c) No dynamic display sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (d) The owner or controller of the dynamic display sign must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non - compliance from the City. (e) A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset Level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. (10) Sign Area Limitation. Dynamic display signs are allowed only on free standing signs in the permitted districts. Dynamic display signs may occupy no more than 25% percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face. (11) Distance From Residential /Hours. Dynamic display signs shall be located not closer than 100 feet from a residential zoning district and any dynamic display sign located within 500 feet of single- and two - family residential homes must be programmed to freeze the image between the hours of 10:00 P.M. and 6:00 A.M. Section 4. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of November 2011. CHRISTINE LIZEE, MAYOR ATTEST: t/CLERK CITY OF SIOREWOOD ORDINANCE NO. 488 AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section 1. Miscellaneous Permits and Licenses, add the following Domestic Partnership Registry fees: Type of Chargel Fee Citv Code Reference Amount of Charge /Fee Domestic Partnership Registry Registration Amendment Termination Certificate, certified 110.06 $25.00 $25.00 $25.00 $ 2.00 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 26th day of November, 2011. ATTEST: Christine Lizee, Mayor Administrator /Clerk