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American Legal Supplement 03 - 20081c SHOREWOOD, MINNESOTA Instruction Sheet 2008 S -3 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title page Title page Publisher's Acknowledgment Publisher's Acknowledgment ADOPTING ORDINANCE -- 5,6 TABLE OF CONTENTS I* 1,2 1,2 TITLE 200: BOARDS AND COMMISSIONS 201 -1 through 201 -4 201 -1 through 201 -4 TITLE 400: LIQUOR REGULATIONS 400 -1 through 404 -2 400 -1 through 402 -2 TITLE 600: POLICE REGULATIONS 610 -5 through 610 -8 610 -5 through 610 -8 TITLE 900: PUBLIC RIGHT -OF -WAY AND PROPERTY 901 -1 through 901 -6 901 -1 through 901 -30 904 -9, 904 -10 904 -9 through 904 -10B TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 -136A through 1201 -136D 1201 -136A through 1201 -136D 1201 -149, 1201 -150 1201 -149 through 1201 -150B TITLE 1300: MUNICIPAL FEES 1301 -1 through 1301 -10 1301 -1 through 1301 -12 PARALLEL REFERENCES I* 3 through 8 13,14 17,18 21 through 28 3 through 8 13,14 17,18 21 through 28 SHOREWOOD, MINNESOTA: INSTRUCTION SHEET REMOVE OLD PAGES INSERT NEW PAGES 0 INDEX 11 through 18 11 through 18 • • oag 05/08 • CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 2008 S -3 Supplement contains: Local legislation current through Ord. 447, passed 1 -28 -2008 • AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588 COPYRIGHT © 2008 AMERICAN LEGAL PUBLISHING CORPORATION • LJ PUBLISHER'S ACKNOWLEDGMENT In the publication of this Code of Ordinances, every effort was made to provide easy access to local law by municipal officials, the citizens of this municipality, and members of the business community. We want to express our grateful appreciation to all municipal officials for their untiring efforts in the preparation of this Code of Ordinances. AMERICAN LEGAL PUBLISHING CORPORATION Stephen G. Wolf, Esq. President rI • • CITY OF SHOREWOOD ORDINANCE NO. 436 AN ORDINANCE ENACTING AND ADOPTING THE 2007 S -2 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the second Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 433 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 second 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 2007 S -2 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 29th day of May, 2007. Christine Lizee /s/ Christine Lizee, Mayor ATTEST: Craiy, W. Dawson /s/ Craig W. Dawson, City Administrator /Clerk • E 2008S-3 Shorewood - Adopting Ordinance • • TITLE 200: BOARDS AND COMMISSIONS 201. SHOREWOOD, MINNESOTA 202. TABLE OF CONTENTS Chapter [Reserved] 204. TITLE 100: ADMINISTRATION 101. Official City Code 102. Saving Clause 103. Definitions 104. General Penalty and Enforcement 105. City Officers and Employees 106. Biennial Elections 107. Annual Audit 108. [Reserved] 109. Harbor Limits TITLE 200: BOARDS AND COMMISSIONS 201. Planning Commission 202. Park Commission 203. [Reserved] 204. Discriminatory Practices 205. [Reserved] TITLE 300: BUSINESS REGULATIONS 301. Gambling and Raffles 302. Sale of Tobacco 303. [Reserved] 304. Boat Docks and Boat Storage Facilities 305. Tree Trimmers 306. Controlled Substances 307. Going Out of Business Sales 308. Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 309. Adult Use Establishments 310. Lawn Fertilizer Application Control 311. Therapeutic Massage Licensing 312. Fireworks Dealer's License Fees and Sale of Permitted Consumer Fireworks is 1 Shorewood - Table of Contents TITLE 400: LIQUOR REGULATIONS 401. Liquor Regulations 402. Consumption, Purchase and Possession of Alcohol by Persons Under the Age of 21 Years TITLE 500: PUBLIC HEALTH 501. Nuisances 502. Abandoned, Wrecked Vehicles 503. Refuse Collection and Disposal 504. Premises Conducive to High -Risk Sexual Conduct 505. Special Event Registration and Permit TITLE 600: PUBLIC SAFETY 601. Alarm Systems 602. Emergency Management 603. Misdemeanor Offenses 604. Unclaimed Property 605. False Information to Police 606. Juvenile Curfew 607. Uniform Fire Code 608. Open Burning 609. Storage of Combustible Liquids 610. Traffic Code 611. Snowmobiles TITLE 700: ANIMAL REGULATIONS 701, Dogs 702. Horses and Ponies 703. Hunting and Trapping Animals TITLE 800: [RESERVED] • 2 2008S-3 r� CHAPTER 201 PLANNING COMMISSION Section 201.01 Establishment 201.02 Composition 201.03 Members of Commission 201.04 Organization 201.05 Jurisdiction and duties 201.01 ESTABLISHMENT. The Shorewood Planning Commission has been established pursuant to the powers and duties given the agencies generally by M.S. §§ 462.351 through 462.364. (1987 Code, § 201.01) 201.02 COMPOSITION. The Planning Commission shall consist of seven members appointed by the City Council. It shall be the policy of the city to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. (1987 Code, § 201.02) (Ord. 336, passed 5 -26 -1998; Ord. 348, passed 1 -11 -1999) 201.03 MEMBERS OF COMMISSION. Subd. 1. Term of appointment. The City Council shall by resolution appoint the Planning Commissioners to serve three -year terms and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on March 1 and terminate on the last day of February, or until the vacancy is filled. Exception: those appointments made in January, 1999, shall be effective immediately upon passage of the appointment resolution. 201 -1 2006S-1 201.03 Shorewood - Boards and Commissions 201.04 Subd. 2. Liaisons. The City g Council shall designate one of its members as its liaison to meet with • the Planning Commission, and it shall direct the Planning Commission to designate one member of its body as a liaison to meet with the Park Commission, and the Park Commission shall designate one member of its body as a liaison to meet with the Planning Commission. Subd. 3. Removals. The City Council shall have the power to remove any member of the Planning Commission for cause as defined in the Shorewood Personnel Policy and after a public hearing with two weeks published notice by a two - thirds vote of the entire City Council. Subd. 4. Vacancies. Vacancies in the Planning Commission shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of members. (1987 Code, § 201.03) (Ord. 336, passed 5 -26 -1998; Ord. 348, passed 1 -11 -1999; Am. Ord. 406, passed 9 -13 -2004) 201.04 ORGANIZATION. Subd. 1. Officers. The Chairperson and Vice - Chairperson shall be appointed annually by the members of the Planning Commission. 0 Subd. 2. Term. The term of the Chairperson and Vice - Chairperson shall be for one year. Subd. 3. Meetings and hearings. All meetings of the Planning Commission shall be held at a regularly scheduled date or at the call of the chair or at the request of a majority of the members of the Commission, in accordance with Minnesota Open Meeting Laws. Subd. 4. Minutes and records. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating the fact, and shall also keep records of its hearings and other official actions. Every requirement, decision or determination of the Planning Commission shall be filed with the City Council and shall be a public record. Subd. 5. Rules and procedure. The Planning Commission shall conduct its meetings consistent with Robert's Rules of Order and other procedures consistent with the statutes of the State of Minnesota or with this chapter. 201 -2 2008S-3 201.04 Planning Commission 201.06 • Subd. 6. Quorum. No business shall be conducted by the Planning Commission without a quorum, consisting of the majority of all members. The concurring vote of the majority of all members present shall be necessary to any action by the Planning Commission. (1987 Code, § 201.04) (Ord. 77, passed 9 -24 -1973; Am. Ord. 407, passed 9 -27 -2004; Am. Ord. 435, passed 3 -12 -2007) 201.05 JURISDICTION AND DUTIES. The Planning Commission shall have the following jurisdiction and duties: Subd. 1. To prepare and recommend to the City Council a Comprehensive Plan for development of the city. The Plan shall include reasonable requirements for streets, public grounds and other public facilities and for the use of land within the corporate limits; Subd. 2. To recommend to the City Council changes to the Comprehensive Plan; Subd. 3. To act in an advisory capacity to the City Council in all matters wherein powers are assigned to the City Council by state law concerning comprehensive planning, zoning, • platting, environmental regulations and other matters of general planning nature. Subd. 4. To initiate, direct and review the provisions of the zoning ordinance and the subdivision regulations and to report to the City Council its recommendation. Subd. 5. To hear, review and offer recommendations to the City Council on applications for amendments to the zoning ordinance, variance, conditional uses and planned developments. (1987 Code, § 201.04) 201.06 AMENDMENTS. This chapter shall be amended only upon approval of a majority vote of the entire City Council. (1987 Code, § 201.05) (Ord. 315, passed 11 -25 -1996) • 201 -3 2008S-3 Shorewood - Boards and Commissions • • • 201 -4 • TITLE 400 LIQUOR REGULATIONS Subject Chapter Liquor Regulations 401 Consumption, Purchase and Possession of Alcohol by Persons Under the Age of 21 Years 402 • 400 -1 2008S-3 Shorewood - Liquor Regulations • • • 400 -2 • CHAPTER 401 LIQUOR REGULATIONS • • Section 401.01 Municipal Liquor Store abolished 401.02 State statutes adopted 401.03 Definitions 401.04 License required 401.05 Classification of licenses 401.06 License and investigation fees 401.07 Off -sale licenses, number of 401.08 Persons ineligible for licenses 401.09 Application for a license 401.10 Licensing procedures 401.11 Renewal applications 401.12 Transfer of license 401.13 Restrictions on license 401.14 Term of license 401.15 Bond and insurance requirements 401.16 Conditions of license 401.17 Hours of operation 401.18 Prohibited acts and conditions 401.19 Suspension or revocation of license 401.20 Enforcement 401.21 Violation 401.22 License violation administrative penalties 401.01 MUNICIPAL LIQUOR STORE ABOLISHED. The city has determined to abolish the operation of municipal liquor stores for the off -sale of intoxicating liquor, effective on the date of the issuance of one or more private off -sale intoxicating beverage licenses. Liquor may be sold elsewhere in the city as provided by this chapter. (Ord. 441, passed 11 -5 -2007) 2008S-3 401 -1 401.02 Shorewood - Liquor Regulations 401.03 0 401.02 STATE STATUTES ADOPTED. The provisions of M.S. Chapter 340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2% malt liquor 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 City Council that all future amendments to M.S. Chapter 340A are hereby adopted by reference or referenced as if they had been in existence at the time this chapter is adopted. (Ord. 441, passed 11 -5 -2007) 401.03 DEFINITIONS. In addition to or as a supplement to the definitions contained in M.S. § 340A.101, as it may be amended from time to time, the following terms are defined for the purpose of this chapter. ALCOHOLIC BEVERAGE. Any beverage containing more than 1/2 of 1 % alcohol by volume and includes the term LIQUOR as used in this chapter. 0 CLUB. An incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: a. Has more than 30 members; b. Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and c. Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. EXCLUSIVE LIQUOR STORE. An establishment used exclusively for the sale of those items authorized by state law (M.S. § 340A.412, Subd. 14). 401 -2 2008S-3 401.03 Liquor Regulations 401.04 INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2% of alcohol by weight. MALT LIQUOR. Any beer, ale, or other beverage made from malt by fermentation and containing not less that 1/2 of 1 % alcohol by volume. MINOR. Any person under 21 years of age. OFF -SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only. ON -SALE. The sale of alcoholic beverages for consumption on the licensed premises only. PACKAGE. A sealed or corked container of alcoholic beverages. RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for guests as prescribed by the appropriate license issuing authority. 3.2% MALT LIQUOR. Malt liquor containing not less than 1/2 of 1 % alcohol by volume nor more than 3.2% alcohol by weight. WIN. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than 1/2 of 1 % nor more than 24% alcohol by volume for nonindustrial use. WINE does not include DISTILLED SPIRITS as defined by state statute. (Ord. 441, passed 11 -5 -2007) 401.04 LICENSE REQUIRED. Except as provided in this chapter, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit. (Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01 • 401 -3 2008S-3 401.05 Shorewood - Liquor Regulations 401.05 401.05 CLASSIFICATION OF LICENSES. Licenses shall be of the following kinds: Subd. 1. On -sale 3.2 % malt liquor. These licenses may only be issued to restaurants, hotels, clubs, golf courses, and establishments used exclusively for the sale of 3.2 % malt liquor for consumption on the premises only. Subd. 2. On -sale intoxicating liquor licenses. These licenses may be issued only to hotels, clubs and restaurants and shall permit "on- sale" of liquor only. Subd. 3. On -sale intoxicating malt liquor /wine licenses. These licenses shall be issued only to restaurants with a seating capacity for not fewer than 25 guests and whose gross receipts are at least 60% attributable to the sale of food, meeting the qualifications of M.S. § 340A.404, Subd. 5, and shall permit the sale of wine not exceeding 14% alcohol by volume, and the sale of intoxicating malt liquor, for consumption on the licensed premises only, in conjunction with the sale of food. Intoxicating malt liquor is any malt beverage with an alcohol content of more than 3.2 % of alcohol by weight. • Subd. 4. On -sale wine licenses. These licenses shall be issued only to restaurants with a seating capacity for not fewer than 25 guests meeting the qualifications of M.S. § 340A.404, Subd. 5, and shall permit only the sale of wine not exceeding 14% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. Subd. 5. Special club license. These licenses shall be issued only to incorporated clubs which have been in existence for 20 years or more or to congressionally chartered veterans' organizations which have been in existence for ten years or more. Subd. 6. Special license for Sunday sales. Licenses authorizing sales on Sunday between the hours of 10:00 a.m. Sunday and 1:00 a.m. Monday in conjunction with the serving of food may be issued to any hotel, restaurant or club which has facilities for serving at least 30 guests at one time and which has an "on- sale" intoxicating liquor license. Subd. 7. Temporary on -sale 3.2% malt liquor. These licenses may be issued only to clubs, charitable, religious or nonprofit organizations. Subd. 8. Off -sale 3.2% malt liquor. These licenses shall permit the sale of 3.2% malt liquor at retail in the original package for consumption off the premises only. Subd. 9. Off -sale intoxicating liquor licenses. These licenses may be issued only to exclusive liquor stores. (Ord. 441, passed 11 -5 -2007) • 401 -4 2008S-3 401.06 Liquor Regulations 401.08 0 401.06 LICENSE AND INVESTIGATION FEES. Subd. 1. Fees established. The investigation fees and annual fees for liquor shall be as provided in § 1301.02 of this code. Subd. 2. Payment of fees, disposition. Each application for a license shall be accompanied by a receipt for payment in full of the required fees. All fees shall be paid into the General Fund. Subd. 3. Refunds. a. If an application for a license is rejected, the city shall refund the amount paid for the license fee. The investigation fee is not refundable. b. No refund of all or any part of a license fee shall be made except as authorized by statute. (Ord. 441, passed 11 -5 -2007) 401.07 OFF -SALE LICENSES, NUMBER OF. The City Council is authorized to issue the following "off- sale" licenses: Subd. 1. Off -sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores. Subd. 2. The number of off -sale intoxicating liquor licenses shall be limited to two until January 1, 2013. (Ord. 441, passed 11 -5 -2007) 401.08 PERSONS INELIGIBLE FOR LICENSES. No license shall be granted to any person made ineligible for a license by state law. No license may be issued to: Subd. 1. A person under 21 years of age; Subd. 2. A person who has had an intoxicating liquor or 3.2% malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than 5% of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; 2008S-3 401 -5 401.08 Shorewood - Liquor Regulations 401.09 Subd. 3. A erson not of good moral character and repute; and /or 0 p g P Subd. 4. A person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler. In addition, no new retail license may be issued to, and the City Council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. The city or appropriate state agency may require that fingerprints be taken and forwarded to the Federal Bureau of Investigation for purposes of a criminal history check. (Ord. 441, passed 11 -5 -2007) 401.09 APPLICATION FOR A LICENSE. Subd. 1. In addition to the information required by the state Liquor Control Commission and state Bureau of Criminal Apprehension, the initial application shall also contain the further information required in this section, as well as other information that the Council may from time to time require. Every application for a license to sell alcoholic beverages shall be made on a form supplied by the city and shall state the following: a. Applicant's name and address; b. Applicant's age; c. Representations as to applicant's character with such references as the Council may require; d. Applicant's citizenship; e. The type of license the applicant is seeking; f. The business in connection with which the proposed license will operate and its location; g. Whether applicant is an individual, partnership, corporation or other form of organization; h. If the applicant is an individual, the requested personal information about the applicant and his or her background; If the applicant is a partnership, the names and addresses of all partners and the requested personal information about each partner and his or her background. The financial interest of each partner shall be disclosed, and a managing partner shall be designated. A true copy of the partnership agreement shall be submitted with the original application form; 2008S-3 401 -6 401.09 Liquor Regulations 401.09 j. If the applicant is a corporation or other organization, the names and addresses of all officers and the proposed manager, and the requested personal information about each and his or her background. The names, addresses and financial interest shall be disclosed for all corporate shareowners who, together with direct relatives, have a controlling interest of the assets of said corporation, and the requested personal information shall be furnished about each such person and his or her background. True copies of the articles of incorporation and corporate bylaws shall be submitted with the original application form; k. The amount of assets which the applicant has in the business premises, fixtures, stock and operating capital shall be disclosed, together with proof of the source of such assets; The names and addresses of all persons, other than those listed above, who have any financial interest in the business, premises, fixtures, stock or operating capital, together with the amount and nature of such interest and the terms for payment or other reimbursement thereof. This shall include but not be limited to all lessors, mortgagors, lenders, lien holders, trustors and persons who have cosigned notes or otherwise loaned, pledged or extended security to the applicant for any indebtedness; m. The address and legal description of the premises to be licensed and plans of the site and all buildings thereon, showing all appropriate dimensions; is n. If the applicant is an individual, the application form shall be executed by that person. If the applicant is a partnership, the application form shall be executed by the managing partner, and if the applicant is a corporation or other organization the application form shall be executed by a corporate or organization officer; o. How long applicant has been in that business; p. How long applicant has been in that business at that place; and q. Such other information as the Council may require from time to time. Subd. 2. Every application for any license to sell alcoholic beverages shall also include a copy of each summons received by the applicant under M.S. § 340A.802 during the preceding year. Subd. 3. In addition to containing the information prescribed in this section, the application for any license to sell alcoholic beverages shall also include the form prescribed by the state Alcohol and Gambling Enforcement Division and shall be verified and filed with the City Administrator /Clerk. 0 Subd. 4. It shall be unlawful to make any false statement in any application. (Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01 2008S-3 401 -7 401.10 Shorewood - Liquor Regulations 401.11 401.10 LICENSING PROCEDURES. Subd. 1. Investigation. a. Initial applications. At the time of each original application for a license, the applicant shall also pay in full an investigation fee. The city shall investigate all facts set out in the application. All initial applications for a license shall be referred to the South Lake Minnetonka Police Department for verification and investigation of the facts set forth in the application. The Police Department shall make a written recommendation and report to the City Council. Such report shall include, but shall not be limited to, a list of all violations of federal, state, or city law committed by the applicant, officers, and directors, if the applicant is a corporation, and managers as disclosed in the application. Upon an initial application the Police Department shall also conduct a preliminary background and financial investigation of the applicant. b. Renewal applications. All renewal applications shall be referred to the South Lake Minnetonka Police Department for verification and investigation of the matters set forth in the renewal application and determined by the City Administrator /Clerk to require further investigation. 0 c. Investigation results. Without limiting the discretion of the City Council to deny a license application for other reasons, no license shall be issued if the results of the investigation show, to the satisfaction of the City Council, that issuance would not be in the public interest. Subd. 2. The issuance of any license hereunder is and shall remain at the sole and absolute discretion of the City Council. Subd. 3. All licenses shall be and are issued subject to conformance with all provisions of this chapter and all other applicable regulations, ordinances, laws and statutes. Subd. 4. Each license issued hereunder shall be issued to the applicant only. Each such license shall be issued only for the premises described in the application and shall not be effective beyond the compact and contiguous space described therein. (Ord. 441, passed 11 -5 -2007) 401.11 RENEWAL APPLICATIONS. At least 60 days before a license issued under this chapter is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests within the sole discretion of the Council. No licensee has a right to have the license renewed. 0 (Ord. 441, passed 11 -5 -2007) 2008S-3 401 -8 • C� • 401.12 Liquor Regulations 401.12 TRANSFER OF LICENSE. 401.14 No license issued under this chapter may be transferred without the approval of the City Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply. (Ord. 441, passed 11 -5 -2007) 401.13 RESTRICTIONS ON LICENSE. The following provisions shall govern the initial issuance of a license and the continued validity of a license issued pursuant to this chapter: Subd. 1. Each license shall be issued only to the applicant and for the premises described in the application. Subd. 2. Not more than one license shall be directly or indirectly issued within the city to any one person. Subd. 3. No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges or other financial claims of the city are delinquent and unpaid. Subd. 4. No license shall be issued for any place or any business ineligible for a license under state law. Subd. 5. No license shall be granted within 200 feet of any school or any church. (Ord. 441, passed 11 -5 -2007) 401.14 TERM OF LICENSE. All licenses shall expire on the last day of May in each year. Each license shall be issued for a period of one year; except, that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. (Ord. 441, passed 11 -5 -2007) 2008S-3 U11W 401.15 Shorewood - Liquor Regulations 401.15 401.15 BOND AND INSURANCE REQUIREMENTS. is Subd. 1. Bond, insurance or cash required. Any person or corporation licensed to sell alcoholic beverages at on -sale or off -sale shall demonstrate proof of financial responsibility with regard to liability imposed by M.S. § 340A.801 to the Commissioner of Public Safety as a condition of the continuance, issuance or renewal of his or her license. Proof of financial responsibility may be given by filing: a. A certificate that there is in effect an insurance policy or pool providing for the following minimum coverages: (1) $50,000 because of bodily injury to any one person in any one occurrence and subject to the limit of one person; in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence; in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence; (2) $50,000 for loss of means of support of any one person in any one occurrence and subject to the limit of one person; $100,000 for loss of means of support of two or more persons in any one occurrence; or b. A bond of a surety company with minimum coverages as provided in Subd. La. above; or 0 c. A certificate of the commissioner of finance that the licensee has deposited with him or her $100,000 in cash or securities which may legally be purchased by savings banks or for the trust funds having a market value of $100,000. Subd. 2. Approval of security. The security offered under Subd. 1 above shall be approved by the City Council, and in the case of applicants for "on -sale wine" or "intoxicating malt liquor /wine" licenses by the State Liquor Control Director. Surety bonds and liability insurance policies shall be approved as to form by the city. Subd. 3. Failure to obtain insurance. A licensed business operating without having the liability insurance required on file at all times with the City Administrator /Clerk, shall immediately and without prior notice to the licensee and without action of the City Council have any license granted by the city prior thereto revoked, and the license may not be reissued until proof of compliance with the financial responsibility requirements is presented to the City Administrator /Clerk and upon review and approval of the same by the City Council. (Ord. 441, passed 11 -5 -2007) • 401 -10 2008S-3 0 .7 401.16 Liquor Regulations 401.16 CONDITIONS OF LICENSE. 401.16 Every license is subject to the conditions in the following subdivisions and all other provisions of this chapter and of any other applicable ordinance, state law or regulation. Subd. 1. Conduct of business. Every licensee is responsible for conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor therein is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee. Subd. 2. License to be posted. All licensed premises shall have the license posted in a conspicuous place at all times. Subd. 3. Sales to certain persons restricted. No alcoholic beverage shall be sold or served to any intoxicated person or to any person under 21 years of age. Subd. 4. Minors on the premises. a. No person under the age of 18 years shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2% malt liquor are sold at retail on -sale, except that persons under the age of 18 may be employed as musicians or to perform the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or other multipurpose building serving food in rooms in which intoxicating liquors or 3.2% malt liquor are sold at retail on -sale. b. No person under the age of 21 years may enter a licensed establishment except to work, consume meals on premises that qualify as a restaurant, or attend social functions that are held in a portion of the premises where liquor is not sold. • Subd. 5. Gambling or gambling devices. No gambling or any gambling device shall be permitted on any 3.2% licensed premises. Subd. 6. Display during prohibited hours. No "on- sale" establishment shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 7. Inspections. Every licensee shall allow any peace officer, health officer or properly designated officer or employee of the city to enter, inspect and search the premises of the licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises. (Ord. 441, passed 11 -5 -2007) 401 -11 2008S-3 401.17 Shorewood - Liquor Regulations 401.17 HOURS OF OPERATION. 401.18 Subd. 1. 3.2 % malt liquor. No sale of 3.2 % malt liquor shall be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon. No sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. of any other day. Subd. 2. Intoxicating liquor; on -sale. No sale of intoxicating liquor for consumption on the licensed premises may be made: a. Between 1:00 a.m. and 8:00 a.m. on the days of Tuesday through Saturday; b. Between 12:00 midnight and 8:00 a.m. on Mondays; c. After 1:00 a.m. on Sundays, except as provided by a special license for Sunday sales as provided by § 401.05, Subd. 7; d. Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except as provided by a special club license as provided by § 401.05, Subd. 6. Subd. 3. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by an off -sale licensee: a. On Sundays; b. Before 8:00 a.m. or after 8:00 p.m. on Monday through Thursday; c. Before 8:00 a.m. or after 10:00 p.m. on Friday and Saturday; d. On Thanksgiving Day; e. After 8:00 p.m. on Christmas Eve, December 24; f. On Christmas Day, December 25. (Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01 401.18 PROHIBITED ACTS AND CONDITIONS. Subd. 1. Liquor in unlicensed places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor "on- sale" or a permit from the Liquor Control Director under M.S. §§ 340A.414 and 340A.504. is • 401 -12 2008S-3 401.18 Liquor Regulations 401.21 Subd. 2. Consumption in public places. No person shall consume liquor on a public highway, public park or other public place. This provision does not apply to consumption at the Community Center with the prior approval of the City Council. (Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01 401.19 SUSPENSION OR REVOCATION OF LICENSE. Subd. 1. The violation of any provision or condition of this chapter by a liquor licensee or his or her agent shall be grounds for revocation or suspension of the license. Subd. 2. The Council may either suspend, for not to exceed 60 days, or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. Subd. 3. A license granted under this chapter may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least eight days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension. (Ord. 441, passed 11 -5 -2007) 401.20 ENFORCEMENT. It shall be the duty of all law enforcement officers of the city to enforce the provisions of this chapter, to search premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this chapter, and to prepare the necessary processes and papers therefore. (Ord. 441, passed 11 -5 -2007) 401.21 VIOLATION. Any person violating any provision of this chapter is guilty of a misdemeanor, unless a different penalty is specified by state statute. 0 (Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01 401 -13 2008S-3 401.22 Shorewood - Liquor Regulations 401.22 401.22 LICENSE VIOLATION ADMINISTRATIVE PENALTIES. 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 § 1301.02 of this code. (Ord. 441, passed 11 -5 -2007) • • 401 -14 2008S-3 • CHAPTER 402 CONSUMPTION, PURCHASE AND POSSESSION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21 YEARS Section 402.01 Consumption of alcohol by persons under the age of 21 years 402.02 Furnishing alcoholic beverages to persons under 21 years of age 402.03 Misdemeanors 402.01 CONSUMPTION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21 YEARS. It is unlawful for any person under the age of 21 years to consume any alcoholic beverages or to be present within the city having consumed alcohol. The presence of alcohol as indicated by physical symptoms shall constitute prima facie evidence of unlawful consumption of an alcoholic beverage by persons under the age of 21 years. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian. (Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01 402.02 FURNISHING ALCOHOLIC BEVERAGES TO PERSONS UNDER 21 YEARS OF AGE. It is unlawful for any person: Subd. 1. To sell, barter, furnish or give alcoholic beverages to a person under 21 years of age. It shall constitute prima facie evidence of a violation of this subdivision for any adult resident to knowingly allow unlawful consumption or possession of an alcoholic beverage by persons under 21 years of age within the dwelling unit of an adult resident or within any yard area related to the dwelling unit and within the control of an adult resident. It shall constitute prima facie evidence of a violation of this subdivision if consumption or possession of an alcoholic beverage by persons under 21 years of age is in plain view of an adult resident or openly displayed. If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of this subdivision that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household; or 2008S-3 402 -1 402.02 Shorewood - Liquor Regulations 402.03 Subd. 2. Under the age of 21 ears to purchase or attempt to purchase an alcoholic beverage; or 0 g Y P P P Y g Subd. 3. To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota identification card or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase an alcoholic beverage. (Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01 402.03 MISDEMEANORS. A violation of any provision of this chapter is a misdemeanor. (Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01 • El 402 -2 2008S-3 610.09 Traffic Code 610.09 • vehicular use, including, but not - limited to deterioration, usage, rain, snow or other climatic conditions. Subd. 3. School buses are given special permission to proceed with normal operation of their regularly established routes and at all regularly established hours. Subd. 4. Any other provision of this section notwithstanding, refuse haulers, heating trucks, city trucks or any other vehicle may be exempted by special permit as follows: a. The owner thereof shall first secure from the Public Works Director a certificate setting forth the route or routes and the conditions under which such vehicle or combination of vehicles may be operated, and such vehicle or combination of vehicles shall thereafter be so operated in accordance with the terms of such certificate; b. The Public Works Director is empowered and it is made his or her duty to issue or deny, or issue in modified form, such certificates upon application and to prescribe therein the route or routes and the conditions for operations under each such certificate, and in determining such route or routes and such conditions, the Public Works Director shall permit maximum use of the particular highways and bridges consistent with the maximum capacity of such highways or bridges, as determined with highway engineering practice; c. The Public Works Director shall have the power to revoke or modify the terms of any existing certificate at any time in the event of operations in violation of any such certificate or in the event of changed conditions requiring such action. The original or a correct copy of the certificate under which operations are being conducted shall be carried at all times in the driver's cab or in any vehicle or combination of vehicles while the same is being operated thereunder. Subd. 5. Exemption from provisions. a. The following streets or highways within the city are specifically exempted from the provisions of Subd. 2. of this section: (1) Academy Avenue; (2) Apple Road; (3) Bayswater Road; (4) Boulder Bridge Drive; (5) Boulder Bridge Lane; (6) Brom's Boulevard; 2008S-3 610 -5 610.09 Shorewood - Public Safety 610.09 (7) Burlwood Court; (8) Charleston Circle; (9) Chartwell Hill; (10) Chestnut Court; (11) Chestnut Terrace; (12) Christopher Road; (13) Country Club Road; (14) Covington Court; (15) Covington Road from Vine Hill Road to Ridge Road; (16) Deer Ridge; (17) Elbert Point; (18) Eureka Road - Highway 7 to Smithtown Road; (19) Eureka Road - Smithtown Road to Birch Bluff Road; (20) Excelsior Boulevard; (21) Fairway Drive; (22) Galpin Lake Road; (23) Kelsey Drive; (24) Knightsbridge Road; (25) Lake Linden Drive; (26) Lake Linden Court; (27) Lake Virginia Cove; (28) Manor Road; 2008S-3 610 -6 610.09 Traffic Code 610.09 • (29) Maple Leaf Circle; (30) Marsh Pointe Drive; (31) Marsh Pointe Circle; (32) Marsh Pointe Court; (33) Mary Lake Trail; (34) McKinley Circle; (35) McKinley Court; (36) McKinley Place; (37) Mill Street; (38) Minnetonka Boulevard; • (39) (40) (41) (42) (43) (44) Muirfield Circle; Near Mountain Boulevard; Oak Leaf Trail; Old Market Road; Park Lane; St. Albans Bay Road; (45) Shorewood Oaks Drive; (46) Sierra Circle; (47) Silver Lake Trail; (48) Smithtown Road; (49) Smithtown Way; (50) Stratford Place; 2008S-3 610 -7 • ffIX111 (51) Sweetwater Circle; (52) Sweetwater Court; (53) Sweetwater Curve; (54) Vine Hill Road; (55) Vine Ridge Road; (56) Waterford Circle; (57) Waterford Court; (58) Waterford Place; (59) Whitney Circle; (60) Yellowstone Trail. Shorewood - Public Safety b. It shall be unlawful for any vehicle or combination of vehicles during the period of March 1 to May 1 of any year to operate upon any of the above streets or highways 0 within the city with a gross weight of any single axle exceeding 12,000 pounds. The Public Works Director may prohibit the operation of vehicles upon any public street or highway within the city, or impose further restrictions as to the weight of vehicles to be operated upon said streets or highways, whenever that street or highway may be seriously damaged or destroyed by vehicular use, including but not limited to deterioration, usage, rain, snow or other climatic conditions. (1987 Code, § 801.09) (Ord. 163, passed 2 -11 -1985; Ord. 179, passed 2 -24 -1986; Ord. 222, passed 3- 12 -90; Ord. 297, passed 2 -27 -1995; Am. Ord. 402, passed 3 -8 -2004; Am. Ord. 434, passed 3 -12 -2007) Penalty, see § 104.01 610.10 VIOLATIONS. Any violation of the provisions hereof or of the statutes adopted by reference in § 610.01 is a violation of this chapter when it occurs within the city. Any person thus violating any provision of this chapter shall be guilty of a misdemeanor. (1987 Code, § 801.10) (Ord. 53, passed 1 -22 -1968; Am. Ord. 56, passed 9 -8 -1969; Am. Ord. 330, passed 2 -9 -1998) Penalty, see § 104.01 610.10 610 -8 2008S-3 CHAPTER 901 STREETS AND PUBLIC RIGHT -OF -WAY Section 901.01 Encroachments 901.02 House numbering 901.03 Underground utilities 901.04 Right -of -way management 901.05 Administration 901.06 Registration 901.07 Permit required; bond; exceptions 901.08 Permit applications 901.09 Diligence in performing work 901.10 Standards during construction or installation 901.11 Repair and restoration 901.12 Permit limitations 901.13 Denial of permit 901.14 Emergency work 901.15 Revocation of permits 901.16 Appeal 901.17 Mapping 901.18 Location of facilities and equipment 901.19 Location and relocation of facilities 901.20 Pre - excavation facilities location 901.21 Inspection 901.22 Authority of Director 901.23 Right -of -way vacation 901.24 Abandoned and unusable equipment 901.25 Indemnification and liability 901.26 Franchise holders 901.27 Supplementary applications 901.28 Other obligations 901.29 Violation 901 -1 2008S-3 901.01 Shorewood - Public Right -of -Way and Property 901.01 901.01 ENCROACHMENTS. 0 Subd. 1. Purpose. The public welfare requires that the public rights -of -way within the city, including highways, roads, streets and alleys, be reserved for public purposes. Public use of the full width of the rights -of -way is necessary to public safety and the proper and efficient maintenance of the rights -of -way. However, it is recognized that limited private use or encroachment onto the rights -of -way is not necessarily inconsistent with public use. It is the purpose of this section to provide for lawful incidental private use of publicly -owned rights -of -way not inconsistent with public use. Subd. 2. Permit to encroach. a. Permit required. The right to use publicly -owned rights -of -way within the city for any private use or purpose other than the primary purpose of public travel, whether the use constitutes a substantial or incidental use, may be acquired only through permit granted pursuant to this section. b. Application for permit. Any person may apply to the City Council for a permit to keep or maintain private property within a publicly -owned right -of -way. The application shall be in writing and must describe with specificity the private property and right -of -way involved and the nature and extent of the requested encroachment. 0 Issuance of permit, conditions. The City Council may grant the permit if it is determined that the use applied for is incidental and not inconsistent with safe and efficient public use. However, no permit will be issued until the applicant has agreed in writing to waive any right to recover from the city for damage occurring to the property located within the right -of -way which may result from the performance of the city or its agents of its public duties as required by law. d. Special permit for underground sprinkler systems. The Building Official may approve an application for a special permit for the installation of an underground sprinkler system within the public right -of -way, providing the installation is not inconsistent with the public use of the right -of -way. In the application, in addition to the information required by subsection b above, the applicant shall provide a legal description of the private property served by the sprinkler system and agree in writing to waive all rights to recover from the city for damage occurring to the sprinkler system as a result of the city's performance of its public duties within the right -of -way. The applicant shall further provide a survey or plat drawing showing the location of the sprinkler system within the right -of -way and pay the special permit fee as may be prescribed by ordinance passed by the City Council from time to time. The special permit shall become effective upon its being duly recorded at the offices of the County Recorder or Registrar of Titles and the applicant's providing to the city satisfactory proof thereof. 0 901 -2 2008S-3 901.01 Streets and Public Right -of -Way 901.02 e. Revocation of permit. The city reserves the right to revoke any permit granted under this section as may be required by the public interest. Subd. 3. Unlawful encroachments. Any privately -owned property located within or encroaching upon public -owned rights -of -way which has not been authorized in accordance with this section shall be unlawful and be subject to removal by the city at the owner's expense. Subd. 4. Exemption from provisions. The use of the public right -of -way for the placement of private mailboxes shall be exempt from the permit requirements of this section providing the following conditions are met: a. The mailbox is located on the side of the right -of -way contiguous with the mailbox owner's property or is positioned or clustered according to specific directions of the United States Postal Service; b. Mailboxes servicing a planned unit development (PUD) are positioned or clustered within the platted portion of the PUD or on the side of the right -of -way contiguous with the PUD; c. The location of the mailbox or mailboxes does not interfere with the city's maintenance of the right -of -way. (1987 Code, § 901.02) (Ord. 121, passed 5 -28 -1980; Ord. 204, passed 2 -8 -1988; Ord. 239, passed 6 -24 -1991; Am. Ord. 444, passed 12 -10 -2007) Penalty, see § 104.01 901.02 HOUSE NUMBERING. Subd. 1. Numbering system. To assist in providing immediate access to all lots, buildings and structures in the city, the same shall be numbered in accordance with the following plan: a. North -south numbers shall commence at the south border of the city and north -south streets shall begin at the number 4600 and run to 6200; b. East -west numbers shall commence at the east border of the city and east -west streets shall begin at the number 19200 and run to 28400; c. Odd numbers shall be on the south and east sides of the streets; even numbers shall be on the north and west sides of the streets. There shall be 100 numbers to each block, as assigned on a grid of 330 feet for east -west numbers; and 100 numbers to each block as assigned on a grid of 660 feet for north -south numbers; is d. On Enchanted and Shady Islands, numbers shall be assigned on a west to east basis only. Commencing at the west border of Enchanted Island and running to the tip of Shady Island, 901 -3 2008S-3 901.02 Shorewood - Public Right -of -Way and Property 901.03 numbers shall begin at the number 4200 and run to 5400. There shall be 100 numbers to each block assigned on a grid of 330 feet for each block west to east. Subd. 2. House numbers assigned, chart kept. The City Administrator /Clerk shall keep a chart showing the proper street number of every lot, parcel and building in the city which shall be open to inspection by any interested person and shall assign a street number to each house and /or structure in the city. Subd. 3. Placement and size of numbers. It shall be the duty of the owners and occupants of every house and structure in the city to display in a place visible from the street, figures at least four inches high showing the number of the house, building or other structure occupied by him or her. Shall conform to M.S. § 299F.011. Subd. 4. Violation. Any person violating the terms of this section shall be guilty of a petty misdemeanor. (1987 Code, § 901.03) (Ord. 76, passed 10 -8 -1973; Ord. 105, passed 9 -11 -1978; Am. Ord. 444, passed 12 -10 -2007) Penalty, see § 104.01 901.03 UNDERGROUND UTILITIES. 0 Subd. 1. All utilities installed after the effective date of these regulations, including, but not limited to electrical, telephone and cable television lines, shall be buried unless otherwise approved by the City Council. Subd. 2. Existing overhead utilities within road rights -of -way which are not in conformance with overhead utility corridors as stipulated in this section and of a capacity less than 115 kilovolts are declared to be nonconforming and must be buried at the time they are replaced due to aging or capacity limitations or relocated due to road construction or reconstruction within the rights -of -way in which they share space, unless otherwise approved by the City Council. This provision shall not apply to existing overhead utilities located on rear or side lot line easements which directly serve adjacent properties. Subd. 3. Existing overhead utilities which are to be buried in conformance with Subd. 2 shall be done so under the terms and requirements as provided in the applicable franchise agreement for the affected utility, if so stipulated. In the absence of franchise agreement stipulations for the affected utility, the burial shall occur under the terms, expense and scheduling requirements as required by the city at the time the overhead utility is replaced or relocated. Substitute stipulations may be provided between the affected utility and the city. (Am. Ord. 378, passed 1 -14 -2002; Am. Ord. 444, passed 12 -10 -2007) 0 901 -4 2008S-3 • 901.04 Streets and Public Right -of -Way 901.04 901.04 RIGHT -OF -WAY MANAGEMENT. Subd. 1. Findings and purpose. a. To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of -way, the city strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances. b. Accordingly, the city hereby enacts this new chapter of this code relating to right -of -way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights -of -way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the rights -of -way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out -of- pocket and projected costs from persons using the public rights -of -way. c. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in M. S. §§ 237.16, 237.162, 237.163, 237.79, 237.8 1, and 238.086 (the "Act ") and the other laws governing applicable rights of the city and users of the right -of -way. This chapter shall also be interpreted consistent with Minn. Rules 7819.0050 - 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Subd. 2. Election to manage the public rights -of -way. Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant M.S. § 237.163, Subd. 2(b), to manage rights -of -way within its jurisdiction. Subd. 3. Definitions. For purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONED FACILITY. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right -of -way user. APPLICANT. Any person requesting permission to excavate or obstruct a right -of -way. CITY. The City of Shorewood, Minnesota. For purposes of this chapter, CITY means its elected officials, officers, employees and agents. 2008S-3 901 -5 901.04 2008S-3 Shorewood - Public Right -of -Way and Property 901.04 CITY COST. The actual cost incurred by the city for public rights -of -way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right -of -way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving facilities during public right -of -way work; determining the adequacy of right -of -way restoration; restoring work inadequately performed; mapping of "as built" locations of facilities located in rights -of -way; and revoking right -of -way permits and performing all other tasks required by this section, including other costs the city may incur in managing the provisions of this section. COMMISSION. The state Public Utilities Commission. • CONGESTED RIGHT -OF -WAY. A crowded condition in the subsurface of the public right -of -way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. § 216D.04, Subd. 3, over a continuous length in excess of 500 feet. CONSTRUCTION PERFORMANCE BOND provided at permittee's option: Any of the following forms of security 9 (1) Individual project bond; (2) Cash deposit; (3) Security of a form listed or approved under M.S. § 15.73, Subd. 3; (4) Letter of credit, in a form acceptable to the city; (5) Self- insurance, in a form acceptable to the city; or (6) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. DEGRADATION. A decrease in the useful life of the right -of -way caused by excavation in or disturbance of the right -of -way, resulting in the need to reconstruct such right -of -way earlier than would be required if the excavation or disturbance did not occur. DEGRADATION COST. Subject to Minn. Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minn. Rules parts 7819.9900 to 7819.9950. 901 -6 • 901.04 Streets and Public Right -of -Way 901.04 • DEGRADATIONFEE. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right -of -way caused by the excavation, and which equals the degradation cost. DEPARTMENT. The city. DEPARTMENT INSPECTOR. Any person authorized by the city to carry out inspections related to the provisions of this chapter. DIRECTOR. The city. DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right -of -way excavation, obstruction, patching, or restoration as established by permit. EMERGENCY. A condition that: (1) Poses a danger to life or health, or of a significant loss of property; or (2) Requires immediate repair or replacement of facilities in order to restore service to a customer. EQUIPMENT. Any tangible asset used to install, repair, or maintain facilities in any right -of -way. EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right -of -way. EXCAVATION PERMIT. The permit which, pursuant to this chapter, must be obtained before a person may excavate in a right -of -way. An excavation permit allows the holder to excavate that part of the right -of -way described in such permit. EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 901.08. FACILITY or FACILITIES. Any tangible asset in the right -of -way required to provide utility service. HIGH DENSITY CORRIDOR. A designated portion of the public right -of -way within which telecommunications right -of -way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. HOLE. An excavation in the pavement, with the excavation having a length less than the width of the pavement. 901 -7 2008S-3 901.04 Shorewood - Public Right -of -Way and Property 901.04 LOCAL REPRESENTATIVE. A local person or persons, or designee o f such p erson or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. MANAGEMENT COSTS. The actual costs the city incurs in managing its rights -of -way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right -of -way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right -of -way work; determining the adequacy of right -of -way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right -of -way permits. MANAGEMENT COSTS do not include payment by a telecommunications right -of -way user for the use of the right -or -way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M. S. §§ 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to § 901.16 of this chapter. OBSTRUCT. To place any tangible object in a right -of -way so as to hinder free and open passage over that or any part of the right -of -way. OBSTRUCTION PERMIT. The permit which, pursuant to this chapter, must be obtained before a person may obstruct a right -of -way, allowing the holder to hinder free and open passage over the specified portion of that right -of -way, for the duration specified therein. OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs as provided in § 901.08. PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A patch consists of: (1) The compaction of the subbase and aggregate base; and (2) The replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five -year project plan. PAVEMENT. Any type of improved surface that is within the public right -of -way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. PERMIT. Has the meaning given RIGHT -OF -WAY PERMIT in M.S. § 237.162. PERMITTEE. Any person to whom a permit to excavate or obstruct a right -of -way has been granted by the city under this chapter. 0 901 -8 2008S-3 901.04 Streets and Public Right -of -Way 901.04 • PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. PUBLIC RIGHT -OF -WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the city. A right -of -way does not include the airwaves above a right -of -way with regard to cellular or other nonwire telecommunications or broadcast service. (Note: this definition does not include other public grounds that may be the subject of other city requirements.) PUBLIC STREET. The improved, traveled or surfaced portion of any public right -of -way or roadway. REGISTRANT. Any person who: (1) Has or seeks to have its equipment or facilities located in any right -of -way; or (2) In any way occupies or uses, or seeks to occupy or use, the right -of -way or place its facilities or equipment in the right -of -way. RESTORE or RESTORATION. The process by which an excavated right -of -way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. RESTORATION COST. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. RIGHT -OF -WAY PERMIT. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. RIGHT -OF -WAY USER. (1) A telecommunications right -of -way user as defined by M.S. § 237.162, Subd. 4; or (2) A person owning or controlling a facility in the right -of -way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right -of -way. SERVICE or UTILITY SERVICE. (1) Those services provided by a public utility as defined in M. S. § 216B.02, Subds. 4 and 6; 901 -9 2008S-3 901.04 Shorewood - Public Right -of -Way and Property 901.04 (2) Services of a telecommunications right -of -way user, including transporting of voice • or data information; (3) Services of a cable communications systems as defined in M.S. Chapter 238; (4) Natural gas or electric energy or telecommunications services provided by the city; (5) Services provided by a cooperative electric association organized under M.S. Chapter 308A; and (6) Water, and sewer, including service laterals, steam, cooling or heating services. SERVICE LATERAL. An underground facility that is used to transmit, distribute, or furnish a common source to an end - use - customer. A SERVICE LATERAL is also an underground facility that is used in the removal of wastewater from a customer's premises. SUPPLEMENTARYAPPLICATION. An application made to excavate or obstruct more of the right -of -way than allowed in, or to extend, a permit that had already been issued. TEMPORARY SURFACE. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's two -year plan, in which case it is considered full restoration. TRENCH. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. TELECOMMUNICATION RIGHT -OF -WAY USER. A person owning or controlling a facility in the right -of -way, or seeking to own or control a facility in the right -of -way that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under M.S. Chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in M.S. § 21613.02, a municipality, a municipal gas or power agency organized under M.S. Chapters 453 and 453A, or a cooperative electric association organized under M.S. Chapter 308A, are not telecommunications right -of -way users for purposes of this chapter. (Ord. 444, passed 12 -10 -2007) • 901 -10 2008S-3 • • 901.05 901.05 ADMINISTRATION. Streets and Public Right -of -Way 901.06 The City Engineer is the principal city official responsible for the administration of the rights -of -way, right -of -way permits, and the ordinances related thereto. The City Engineer may delegate any or all of the duties hereunder. (Ord. 444, passed 12 -10 -2007) 901.06 REGISTRATION. Subd. 1. Annual registration required. Each person who occupies or uses, or seeks to occupy or use, the right -of -way or place any equipment or facilities in or on the right -of -way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. Such registration shall be made on an application form provided by the City Engineer and shall be accompanied by the registration fee provided in § 1301.02 of this code. Subd. 2. Registration prior to work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right -of -way without first being registered with the city. Subd. 3. Registration information. The registrant shall provide the following at the time of registration: a. Registrant's name, address, telephone number, facsimile number, email address and Gopher One -Call registration certificate number if required by state law; b. Name, address, telephone number, email address and facsimile number of the person responsible for fulfilling the obligations of the registrant; • c. A certificate of insurance from a company licensed to do business in the State of Minnesota providing coverage in accordance with M.S. § 466.04. Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right -of -way by the registrant, its officers, agents, employees and permittees, and placement and use of equipment or facilities in the right -of -way by the registrant its officers, agents, employees and permittees, including but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also name the city as an additional insured as to whom the coverage's required herein are in force and applicable and for whom defense will be provided as to all such coverages. Such certificate shall require that the City Engineer be notified 30 days prior to cancellation of the policy; 2008S-3 901 -11 901.06 Shorewood - Public Right -of -Way and Property 901.06 d. A 24 -hour emergency number; e. An acknowledgment by the registrant of the indemnification pursuant to Subd. 2 of § 901.25; f. If the person is a corporation, a copy of the certificate is required to be filed under M.S. § 300.06, as recorded and certified to by the Secretary of State; g. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency; h. The registrant shall keep all of the information listed above current at all times by providing to the city information as to changes within 15 days following the date on which the registrant has knowledge of any change; and i. Such other information the city may require. Subd. 4. Exceptions. The following are not subject to the requirements of this section: a. Persons erecting fences, installing driveways, sidewalks, curb and gutter, or parking lots; b. Persons engaged in snow removal activities; c. Persons installing street furnishing, bus stop benches and shelters; d. Federal, state, county, and city agencies; e. Persons installing pet containment systems; f. Plumbers licensed in accordance with M.S. § 4715.3140; and /or g. Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this section. Subd. 5. Term. Registrations issued pursuant to this section shall expire on December 31 of each calendar year. (Ord. 444, passed 12 -10 -2007) Penalty, see § 104.01 • • • 901 -12 2008S-3 901.07 Streets and Public Right -of -Way 901.08 901.07 PERMIT REQUIRED; BOND; EXCEPTIONS. Subd. 1. Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right -of -way without first having obtained the appropriate right -of -way permit from the city to do so. a. Excavation permit. An excavation permit is required by a registrant to excavate that part of the right -of -way described in such permit and to hinder free and open passage over the specified portion of the right -of -way by placing facilities described therein, to the extent and for the duration specified therein. b. Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right -of -way by placing equipment described therein on the right -of -way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. Subd. 2. Permit extensions. No person may excavate or obstruct the right -of -way beyond the date or dates specified in the permit unless: 9 a. Such person makes a supplementary application for another right -of -way permit before the expiration of the initial permit; and b. A new permit or permit extension is granted. Subd. 3. Delay penalty. In accordance with Minn. Rules 7819. 1000, subp. 3 and notwithstanding Subd. 2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in right -of -way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by City Council resolution. Subd. 4. Permit display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. (Ord. 444, passed 12 -10 -2007) Penalty, see § 104.01 901.08 PERMIT APPLICATIONS. Subd. 1. Application for a permit is made to the city. An application for a permit shall be made on forms provided by the City Engineer and shall be accompanied by the fees as determined by the City Council from time to time, which are established to reimburse the city for city costs. Right -of -way permit applications shall contain, and will be considered completed only upon compliance with, the requirements of the following provisions: 901 -13 2008S-3 901.08 Shorewood - Public Right -of -Way and Property 901.08 a. Scaled drawings showing the location of all facilities and improvements existing and proposed by the applicant; b. A description of the methods that will be used for installation; c. A proposed schedule for all work; d. The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work; e. The location of any public streets, sidewalks or alleys that will be disrupted by the work; f. A description of methods for restoring any public improvements disrupted by the work; g. Any other information reasonably required by the City Engineer; h. Traffic control plan referencing the Minnesota Manual on Uniform Traffic Control Devices; i. Registration with the city pursuant to this chapter; j. Permit fees, estimated restoration costs and other management costs; k. Prior obstructions or excavations; 1. Any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights -of -way or any emergency actions taken by the city; and m. Franchise fees or other charges, if applicable. Subd. 2. If the work is to be performed by an agent, contractor or subcontractor on behalf of a registrant, such application shall be signed by the registrant. Subd. 3. Application; fee. The city shall establish an excavation permit fee in an amount sufficient to recover the following costs: a. The city management costs; b. Degradation costs, if applicable; c. Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110 % of the amount owing; and 901 -14 2008S-3 901.08 Streets and Public Right -of -Way 901.08 d. Postin g g an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. Subd. 4. Obstruction permit fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs. Subd. 5. Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within 30 days of billing. Subd. 6. Non - refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in § 901.15 are not refundable. Subd. 7. To franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right -of -way user in the franchise. Subd. 8. Security. For companies not operating under a franchise with the city, a surety bond, letter of credit or cash deposit in the amount determined by the City Engineer but not less than $2,000, shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the state. Security required pursuant to this section shall be conditioned that the holder will perform the work in accordance with this section and applicable regulations, will pay to the city any costs incurred by the city in performing work pursuant to this section; and will indemnify and save the city and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and other work covered by the permit or for which the city, Council or any city officer may be liable by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence of the permit holder. The bond, letter of credit or cash deposit shall be released by the city upon completion of the work and compliance with all conditions imposed by the permit. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work. Subd. 9. Permit issuance; conditions. The City Engineer shall grant a permit upon finding the work will comply with applicable sections of this code. The permit shalt be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited upon request made by any city official or police officer. The City Engineer may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, 0 to ensure the structural integrity of the right -of -way, to protect the property and safety of 901 -15 2008S-3 901.08 Shorewood - Public Right -of -Way and Property 901.10 other users of the right -of -way, and to minimize the disruption and inconvenience to the traveling public. No permit shall be issued to anyone who has failed to register in accordance with § 901.06. Subd. 10. Exceptions. No permit shall be required for the following: a. Snow removal activities; b. Activities of the city; c. Installation and maintenance of sewer or water services provided that no excavation or other work is done within a street, sidewalk or alley and all work is confined to unimproved portions of rights -of -way or easements. (Ord. 444, passed 12 -10 -2007) 901.09 DILIGENCE IN PERFORMING WORK. Work shall progress in an expeditious manner as reasonably permitted by weather conditions until completion in order to avoid unnecessary inconvenience to traffic. In the event that the work is not performed in accordance with applicable regulations pertaining to excavations and utility connections, or the work is not done in an expeditious manner, or shall cease or be abandoned without due cause, the city may, after 72 hour notice to the permit holder, correct the work and fill the excavation or repair the street. The entire cost of such work shall be paid by the permit holder upon demand made by the city. If permit holder fails to pay, the city will exercise a claim on the surety bond. (Ord. 444, passed 12 -10 -2007) 901.10 STANDARDS DURING CONSTRUCTION OR INSTALLATION. The permit holder shall comply with the following standards when engaging in the work: Subd. 1. Conduct the operations and perform the work in a manner as to ensure the least obstruction and interference to traffic; Subd. 2. Take adequate precautions to ensure the safety of the general public and those who require access to abutting property; Subd. 3. If required by the City Engineer, notify adjoining property owners prior to the commencement of work which may disrupt the use of and access to such adjoining properties; • • 901 -16 2008S-3 901.10 Streets and Public Right -of -Way 901.10 Subd. 4. In all cases where construction work interferes with the normal use of the construction area, provide for closing the construction area to traffic or to afford it restricted use of the area and comply with the Minnesota Manual On Uniform Traffic Control Devices traffic safety signing requirements; Subd. 5. Exercise precaution at all times for the protection of persons, including employees and property; Subd. 6. Protect and identify excavations and work operations with barricade flags, and if required, by flagmen in the daytime, and by warning lights at night; Subd. 7. Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave -ins endangering life or tending to enlarge the excavation; Subd. 8. Protect the root growth of trees and shrubbery; Subd. 9. Installation of pipe (utility conductors) under Portland Cement Concrete, asphalt concrete, or other high -type bituminous pavements shall be done by jacking, auguring or tunneling as directed by the City Engineer unless otherwise authorized. HDPE sleeving shall be an acceptable casing or sleeving material for telecommunications installations; Subd. 10. When removing pavement of Portland cement concrete, asphalt concrete or high -type built -up bituminous surfacing, the pavement shall be removed on each side of the trench or excavation a distance of nine inches beyond the trench width and length, in order to provide a shoulder and solid foundation for the surface restoration; Subd. 11. To obtain a straight -edged and neat - appearing opening in pavement surfaces, the following procedure is required: a. Portland cement concrete pavement. The surface shall be saw -cut scored two inches deep and the concrete broken out by sledge or pneumatic hammer chisel. b. Asphalt concrete. The surface shall be cut full depth by pneumatic hammer chisel. Subd. 12. Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability, and as directed by the city; Subd. 13. Excavations, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage; F_ 1 901 -17 2008S-3 901.10 Shorewood - Public Right -of -Way and Property 901.11 Subd. 14. All backfilling ust be laced in six -inch layers at optimum moisture and compacted with g P Y P P the objective of attaining 100% of AASHTO density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate; Subd. 15. Backfill material shall be Class 5, or better in the judgement of the City Engineer. The City Engineer may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the City Engineer; Subd. 16. Compacted backfill shall be brought to street grade and crowned at the center not more than one inch; Subd. 17. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit; Subd. 18. No lugs damaging to roadway surfaces may be used; Subd. 19. Dirt or debris must be periodically removed during construction; Subd. 20. Other reasonable standards and requirements of the City Engineer. (Ord. 444, passed 12 -10 -2007) 901.11 REPAIR AND RESTORATION. Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of the right -of -way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee. Subd. 2. Patch and restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right -of -way or to restore the right -of -way itself. a. City restoration. If the city restores the right -of -way, permittee shall pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with correcting the defective work. The permit holder may request that the city restore the right -of -way. The permit holder shall pay to the city, in advance, a cash deposit equaling 150 % of the estimated restoration cost. The restoration cost shall be estimated by the City Engineer and shall include an estimate of the degradation cost. The estimate of the degradation cost shall be based upon criteria adopted by the Minnesota Public Utilities Commission. Following • completion of the restoration, any funds in excess of the actual restoration cost and the degradation cost shall be returned to the permit holder. 2008S-3 901 -18 901.11 Streets and Public Right -of -Way 901.11 • b. Permittee restoration. If the pyermittee restores the right -of -way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000. c. Degradation fee in lieu of restoration. In lieu of right -of -way restoration, a right -of -way user may elect to pay a degradation fee. However, the right -of -way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules 7819.1100. a. The permit holder shall perform repairs and restoration according to the standards and with the materials specified by the city. The city shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case -by -case basis. The city in exercising this authority shall be guided by the following standards and consideration: (1) The number, size, depth and duration of the excavations, disruptions or damage to the 40 right -of -way; (2) The traffic volume carried by the right -of -way; the character of the neighborhood surrounding the right -of -way; (3) The pre- excavation condition of the right -of -way; the remaining life- expectancy of the right -of -way affected by the excavation; (4) Whether the relative cost of the method of restoration to the permit holder is in reasonable balance with the prevention of an accelerated depreciation of the right -of -way that would otherwise result from the excavation, disturbance or damage to the right -of -way; and (5) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right -of -way that would otherwise take place. b. The excavation, backfilling, patching and restoration, and all other work performed in the right -of -way shall be done in conformance with Minn. Rules 7819.1100 and 7819.5000 and other applicable local requirements, insofar as they are not inconsistent with the M.S. §§ 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minn. Rules Chapter 7560 and this chapter. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and /or agreements referenced in § 901.18, Subd. 2 of this chapter. 901 -19 2008S-3 901.11 Shorewood - Public Right -of -Way and Property 901.13 Subd. 4. Du to correct in patching or restoration • Duty ct defects. The permittee shall correct defects p tc g performed by permittee or its agents. The permittee, upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable. Subd. 5. Failure to restore. If the permittee fails to restore the right -of -way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city, at its option, may do such work, or the city may withhold permits for future work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right -of -way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. Subd. 6. Guarantees. The permit holder shall guarantee its work and shall maintain it for 24 months following its completion. During this 24 -month period it shall, upon notification from the City Engineer, promptly correct all restoration work to the extent necessary, using the method required by the City Engineer. (Ord. 444, passed 12 -10 -2007) 0 901.12 PERMIT LIMITATIONS. Permits issued pursuant to this section are valid only for the area of the right -of -way specified in the application and the permit and only for the dates so specified. No work shall be extended beyond the permitted area or dates without a new permit being procured therefor, provided the City Engineer may extend the completion date of the work in accordance with Subd. 1 of § 901.11. (Ord. 444, passed 12 -10 -2007) 901.13 DENIAL OF PERMIT. The city may deny a permit due to the following: Subd. 1. Failure to register pursuant to § 901.06; Subd. 2. A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the preceding five years unless the City Engineer determines that no other locations are feasible or when necessitated by an emergency; Subd. 3. The applicant is subject to revocation of a prior permit issued pursuant to this section; 901 -20 2008S-3 901.13 Streets and Public Right -of -Way 901.14 • Subd. 4. The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event; Subd. 5. The right -of -way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the right -of -way as provided in Subd. 3 of § 901.18; Subd. 6. Businesses or residences in the vicinity will be unreasonably disrupted by the work; Subd. 7. The proposed schedule conflicts with scheduled total or partial reconstruction of the right -of -way; Subd. 8. The applicant fails to comply with the requirements of this section or other sections of this code; and /or Subd. 9. Failure of applicant to complete or pay restoration costs for previous work. (Ord. 444, passed 12 -10 -2007) 0 901.14 EMERGENCY WORK. Subd. 1. Emergency situations. Each registrant shall immediately notify the Director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the City Engineer becomes aware of an emergency, the City Engineer shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City Engineer may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities or equipment occasioned the emergency. Subd. 2. Non - emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right -of -way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by the city code, deposit with the city the fees necessary to correct any damage to the right -of -way, and comply with all of the requirements of this • chapter. (Ord. 444, passed 12 -10 -2007) 901 -21 2008S-3 901.15 Shorewood - Public Right -of -Way and Property 901.16 • 901.15 REVOCATION OF PERMITS. Substantial breach. The city reserves its right, as provided herein, to revoke any right -of -way permit without a fee refund, if there is a substantial breach of the terms and conditions daily statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: Subd. 1. The violation of any material provision of the right -of -way permit; Subd. 2. An evasion or attempt to evade any material provision of the right -of -way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; Subd. 3. Any material misrepresentation of fact in the application for a right -of -way permit; Subd. 4. The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; and /or Subd. 5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to § 901.21. (Ord. 444, passed 12 -10 -2007) 0 901.16 APPEAL. Subd. 1. Filing of appeal. Any person aggrieved by, the denial of a permit application, the denial of a registration, the revocation of a permit or, the application of the fee schedule imposed by § 1301.02 of this code may appeal to the Council by filing a written notice of appeal with the Clerk. Said notice must be filed with 20 days of the action causing the appeal. Subd. 2. Notice of hearing. The Council shall hear the appeal not later than 30 days after the date the appeal is filed. Notice of the date, time, place, and purpose of the hearing shall be mailed to the appellant not less than 10 days before the date of the hearing. Subd. 3. Hearing and decision. The Council shall, at such hearing, hear and consider any evidence offered by the appellant, the City Engineer, and anyone else wishing to be heard. After hearing the oral and written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting. (Ord. 444, passed 12 -10 -2007) • 901 -22 2008S-3 901.17 Streets and Public Right -of -Way 901.18 i 901.17 MAPPING. Subd. 1. Information required. Each registrant and permittee shall provide mapping information required by the city in accordance with Minn. Rules 7819.4000 and 7819.4100. Within 90 days following completion of any work pursuant to a permit, the permittee shall provide the Director accurate maps and drawings certifying the "as- built" location of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the city's mapping system. Failure to provide maps and drawings pursuant to this section shall be grounds for revoking the permit holder's registration. Subd. 2. Service laterals. a. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. Rules 7560.0150, subp. 2, shall require the permittee's use of appropriate means of establishing the horizontal locations ofinstalled service laterals. Permittees or their subcontractors shall submit to the Director evidence satisfactory to the Director of the installed service lateral locations. b. Compliance with this section and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after December 31, 2005, shall be a condition of any city approval necessary for: (1) Payments to contractors working on a public improvement project, including those under M.S. Chapter 429; and (2) City approval of performance under development agreements, or other subdivision or site plan approval under M.S. Chapter 462. c. The Director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors. (Ord. 444, passed 12 -10 -2007) 901.18 LOCATION OF FACILITIES AND EQUIPMENT. Subd. 1. Undergrounding by telecommunications right -of -way users. Any new construction and the installation of new equipment and replacement of old equipment of telecommunication right -of -way users shall be underground or contained within buildings or other structures 901 -23 2008S-3 901.18 Shorewood - Public Right -of -Way and Property 901.19 in conformity with applicable codes: Provided, telecommunications right -of -way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service. Subd. 2. Corridors. The City Engineer may assign specific corridors within the right -of -way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the City Engineer expects will someday be located within the right -of -way. All permits issued by the City Engineer involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. Subd. 3. Limitation of space. To protect health and safety, the City Engineer shall have the power to prohibit or limit the placement of new or additional equipment within the right -of -way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right -of -way. In making such decisions, the City Engineer shall strive to the extent possible to accommodate all existing and potential users of the right -of -way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right -of -way, the time of year with respect to essential utilities, the protection of existing equipment in the right -of -way, and future city plans for public improvements and development projects which have been determined to be in the public interest. (Ord. 444, passed 12 -10 -2007) 0 901.19 LOCATION AND RELOCATION OF FACILITIES. Subd. 1. Placement, location, and relocation of facilities must comply with applicable rules, with other applicable law, and with Minn. Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. A registrant shall promptly, but in no event more than 120 days of the city's request, permanently remove and relocate at no charge to the city, any facilities or equipment if and when made necessary by a change in the grade, alignment or width of any right -of -way, by the construction, maintenance or operation of any city facilities or to protect the public health, safety and welfare. The registrant shall restore any rights -of -way to the condition it was in prior to removal and relocation. Subd. 2. Undergrounding of relocated telecommunications facilities. A telecommunications right -of -way user shall relocate all above ground facilities and equipment to underground locations at its own cost and expense at the city's request when: a. The city requires the relocation of all telecommunications facilities and equipment to underground locations; or 0 901 -24 2008S-3 901.19 Streets and Public Right -of -Way 901.21 40 b. Structures or oles to which the registrant's facilities or equipment is attached are P g abandoned or removed by the owner of such structures or poles. Subd. 3. Nuisance. One year after the passage of this chapter, any facilities found in a right -of -way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right -of -way to a useable condition. Subd. 4. Limitation of space. To protect health, safety, and welfare, or when necessary to protect the right -of -way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right -of -way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right -of -way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right -of -way, the time of year with respect to essential utilities, the protection of existing facilities in the right -of -way, and future city plans for public improvements and development projects which have been determined to be in the public interest. (Ord. 444, passed 12 -10 -2007) 901.20 PRE- EXCAVATION FACILITIES LOCATION. In addition to complying with the requirements of M.S. § 216D.01 -.09 ( "One Call Excavation Notice System ") before the start date of any right -of -way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. (Ord. 444, passed 12 -10 -2007) 901.21 INSPECTION. Subd. 1. Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minn. Rules 7819.1300. Subd. 2. Site inspection. Permittee shall make the work site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution or and upon completion of the work. (Ord. 444, passed 12 -10 -2007) 901 -25 2008S-3 901.22 Shorewood - Public Right -of -Way and Property 901.24 901.22 AUTHORITY OF DIRECTOR. 0 Subd. 1. At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well -being of the public. Subd. 2. The Director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the permittee shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to § 901.15. (Ord. 444, passed 12 -10 -2007) 901.23 RIGHT -OF -WAY VACATION. Subd. 1. Reservation of right. Reservation of right. Ifthe city vacates a right -of -way that contains the facilities of a registrant, the registrant's rights in the vacated right -of -way are governed by Minn. Rules 7819.3200. Subd. 2. Relocation of equipment. a. If the vacation requires the relocation of registrant facilities and equipment; and if the vacation proceedings are initiated by the registrant, the registrant must pay the relocation costs; or b. If the vacation proceedings are initiated by the city, the registrant must pay the relocation costs unless otherwise agreed to by the city and the registrant; or c. If the vacation proceedings are initiated by a person or persons other than the registrant or permit holder, such other person or persons must pay the relocation costs. (Ord. 444, passed 12 -10 -2007) 901.24 ABANDONED AND UNUSABLE EQUIPMENT. Subd. 1. Discontinued operations. A registrant who has determined to discontinue its operations in the city must either: a. Provide information satisfactory to the City Engineer that the registrant's obligations for its equipment in the right -of -way under this section have been lawfully assumed by another registrant; or 901 -26 2008S-3 901.24 Streets and Public Right -of -Way 901.25 b. Submit to the City Engineer an action plan for the removal or abandonment of equipment and facilities. The City Engineer shall require removal of such facilities and equipment if the City Engineer determines such removal is necessary to protect the public health, safety and welfare. The City Engineer may require the registrant to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities and equipment. • Subd. 2. Abandoned facilities equipment. Facilities and equipment of a registrant located on the surface of or above a right -of -way or on city property which, for two years, remains unused shall be deemed to be abandoned. Such abandoned equipment is deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance, or requiring removal of the equipment or facilities by the registrant, or the registrant's successor in interest. Subd. 3. Removal of underground equipment. Any registrant who has unusable and abandoned underground facilities or equipment in any right -of -way shall remove it from that right -of -way during the next scheduled excavation, to the extent such facilities or equipment is uncovered by such excavation unless this requirement is waived by the city. (Ord. 444, passed 12 -10 -2007) 901.25 INDEMNIFICATION AND LIABILITY. By registering with the city, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rules 7819.1250. Subd. 1. Limitation of liability. By reason of the acceptance of a registration or the grant of a right -of -way permit, the city does not assume any liability: a. For injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city; or b. For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. Subd. 2. Indemnification. By registering with the City Engineer, a registrant agrees, or by accepting a permit under this section, a permit holder is required, to defend, indemnify, and hold the city whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a right -of -way , whether or not any act or omission complained of is authorized, allowed, or prohibited by a right -of -way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the city for any 901 -27 2008S-3 901.25 Shorewood - Public Right -of -Way and Property 901.27 claim nor for any award arising out of the presence, installation maintenance or operation of its equipment, or any activity undertaken in or near a right -of -way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right -of -way permit. The foregoing does not indemnify the city for its own negligence except for claims arising out of or alleging the city's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the city; and the registrant, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert in its own behalf. (Ord. 444, passed 12 -10 -2007) 901.26 FRANCHISE HOLDERS. If there is a conflict in language between the franchise of a person holding a franchise agreement with the city and this chapter, the terms of the franchise shall prevail. (Ord. 444, passed 12 -10 -2007) • 901.27 SUPPLEMENTARY APPLICATIONS. Subd. 1. Limitation on area. A right -of -way permit is valid only for the area of the right -of -way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must, before working in that greater area, make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension. Subd. 2. Limitation on dates. A right -of -way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. if a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. (Ord. 444, passed 12 -10 -2007) 0 901 -28 2008S-3 901.28 Streets and Public Right -of -Way 901.29 0 901.28 OTHER OBLIGATIONS. Subd. 1. Compliance with other laws. Obtaining a right -of -way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to M.S. § 216D.01 -.09 (Gopher One Call Excavation Notice System) and Minn. Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right -of -way pursuant to its permit, regardless of who does the work. Subd. 2. Prohibited work. Except in an emergency, and with the approval of the city, no right -of -way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with right -of -way. A permittee shall not so obstruct a right -of -way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right -of -way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Subd. 4. Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in M.S. Chapter 216D and Minn. Rules Chapter 7560, and -shall require potholing or open cutting over existing underground utilities before excavating. (Ord. 444, passed 12 -10 -2007) Penalty, see § 104.01 901.29 VIOLATION. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor, unless otherwise specified. (Ord. 444, passed 12 -10 -2007) Penalty, see § 104.01 • 901 -29 2008S-3 Shorewood - Public Right -of -Way and Property • • C� 901 -30 • • • &I 1: Subd. 5 Sewer Code Excavations. •1, 1• a. Trenching and backfilling. All excavating required for the installation of a building sewer shall be open trench work unless otherwise approved by the Sewer Inspector. Pipe laying and backfill shall be performed in accordance with rules and regulations of the city. No backfill shall be placed until the work has been inspected and approved by the duly authorized city official. Tunneling may be permitted but no tunnel shall exceed six feet in length and the pipe shall be installed so as to permit inspection of all joints. b. Barricades and lights. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. c. Repair and restoration of public ways. Streets, sidewalks, parkways and other public property disturbed during sewer installations or connections of the building sewer to the public sewer shall be restored in a manner satisfactory to the Public Works Director. Subd. 6. Inspections, connections to public sewers. The applicant for the building sewer and connection permit shall notify the Sewer Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Sewer Inspector and in the manner as is required by the Sewer Inspector. Subd. 7. Liability of owner. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (1987 Code, § 904.08) (Ord. 64, passed 5 -8 -1972; Am. Ord. 263, passed 12 -14 -1992) 904.09 PROHIBITED DISCHARGES INTO THE SANITARY SEWER SYSTEM. Subd. 1. Prohibited connections. No person shall discharge or cause to be discharged, directly or indirectly, any storm water, surface water, ground water, roof runoff, subsurface drainage or cooling water to any sanitary sewer. Any person having a roof drain, sump pump, unauthorized swimming pool discharge, cistern overflow pipe or surface drain connected and /or discharging into the sanitary sewer shall disconnect and remove any piping or system conveying the water to the sanitary sewer system. Subd. 2. Authority to inspect. Every person owning improved real estate that discharges into the city's sanitary sewer system shall either consent to inspection by authorized city employees or its agents, as deemed appropriate and authorized by the City Council, or by a plumber licensed by the state of all properties or structures connected to the sanitary sewer system to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. In the absence of consent for city inspection or of an inspection by a licensed 2008S-3 •1 • 904.09 Shorewood - Public Right -of -Way and Property 904.09 plumber selected by the property owner, the city shall have authority to secure an administrative search warrant for inspection. The authority to conduct further inspections on a property under this section shall lapse upon a determination that the property is in compliance with the requirements of this section. Subd. 3. Correction of violations. Any owner of any property found to be in violation of this section shall make the necessary changes to comply, following notification from the city, within 14 calendar days or be subject to the surcharge as provided in Subdivision 5 below. Subd. 4. Discharge. Existing buildings with sump pumps and all newly constructed buildings with sumps shall have a discharge pipe installed to the outside wall of the building. The pipe attachment must be a rigid permanent -type plumbing such as PVC, copper or galvanized pipe. The discharge shall extend outside of the foundation and may not be pumped directly onto any public right -of -way unless approved by the Public Works Director or their designee. Any disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes. Subd. 5. Surcharge. A surcharge set by an ordinance passed by the City Council is hereby imposed and shall be added to every utility billing to properties not in compliance with this chapter. The surcharge shall be added to every quarterly utility billing until the property is in compliance. 0 Subd. 6. Temporary waiver. The City Council, upon recommendation of the City Administrator /Clerk and City Engineer, shall hear and decide requests for temporary waivers from the provisions of this chapter where strict enforcement would cause a threat to public safety because of circumstances unique to the individual property under consideration. Any request for a temporary waiver shall be submitted to the City Administrator /Clerk in writing. Upon approval of a temporary waiver from the provisions of this chapter, the property owner shall agree to pay an additional fee for sanitary sewer services based on the number of gallons discharged into the sanitary sewer system as estimated by the City Engineer. Subd. 7. Drainage. Storm water and all other unpolluted drainage shall be discharged to the drainage facilities as are specifically designated by the City Engineer. Subd. 8. Remedies. The imposition of the surcharge shall not limit the right of the city to seek an injunction in District Court ordering the person to disconnect the nonconforming connection to the sanitary sewer or from pursuing any other legal remedies available, or in the alternative, the city may correct the violation and certify the costs of correction as an assessment against the property on which the correction was made. (1987 Code, § 904.09) (Ord. 277, passed 8 -23 -1993; Am. Ord. 347, passed 11 -23 -1998; Am. Ord. 447, passed 1 -28 -2008) 0 904 -10 2008S-3 904.10 Sewer Code 9 904.10 INTERCEPTORS REQUIRED. r•1� Subd. 1. Interceptors provided. Grease, oil and sand interceptors shall be provided when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any inflammable wastes, sand and other harmful ingredients; except, that the interceptors shall not be required for private living quarters or dwelling units. All the • 904 - l0A 2008S-3 Shorewood - Public Right -of -Way and Property • • •1� 1: 1201.22 Zoning Regulations 1201.22 (b) The applicant shall submit a plan showing where a caretaker residence can be located on the property in the future; (c) The applicant shall submit restrictive covenants, to be recorded against the property, restricting its sale unless a caretaker residence is constructed on the property, or a caretaker residence for an approved self - storage facility under the same ownership, located within 600 feet of the subject property is provided; (9) The entire area, other than occupied by the buildings or plantings, shall be surfaced with material which will control dust and drainage and is subject to the approval of the City Engineer; (10) The number of off - street parking spaces shall not be less than six. No on- street parking shall be allowed; (11) Loading areas shall be located entirely within the site which will be designed so as not to require backing in from a public street; (12) The applicants shall provide a performance bond or letter of credit to assure completion of the facility in accordance with the plans and specifications approved by the City Council. The amount of the bond shall be established by the City Council at the recommendation of the city staff; (13) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; k. Commercial planned unit development as regulated by § 1201.06 of this chapter, provided that: (1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses or conditional uses in this section; (2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25 of this chapter. Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a C -1 District subject to additional requirements, exceptions and modifications set forth in this chapter: • 2008S-3 a. Lot area: None; 1201 -136A 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.23 b. Lot width: None; 0 C. Lot depth: None; d. Setbacks: (1) Front yard: Not less than 30 feet; (2) Rear yard: Not less than 30 feet; (3) Side yard: Not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street; (4) Setback from R District boundary: Not less than 50 feet (Additional setback not required when adjacent to a nonresidential use in an R -C District). Subd. 6. Building requirements. Height: No structure shall exceed three stories, or 40 feet, whichever is least. (Ord. 426, passed 7 -24 -2006; Am. Ord. 440, passed 11 -5 -2007) 0 1201.23 C -2, COMMERCIAL SERVICE DISTRICT. Subd. 1. Purpose. The C -2 District is intended to recognize areas containing preexisting businesses that provide services primarily for the community and surrounding area. It is further intended that the location of the C -2 District may take advantage of transportation routes with existing high traffic volumes; however, activities allowed in the District will not create additional traffic. Subd. 2. Permitted uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached: a. Bakery goods sales and baking of goods for retail sale on the premises; b. Canvas products sales and repairs; C. Convenience grocery (w ithout motor fuel facilities); d. Dry cleaning establishment; e. Enclosed boat and marine sales; and 0 1201 -136B 2008S-3 1201.23 Zoning Regulations 1201.23 f. Nursery. Subd. 3. Permitted accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead: a. Off - street parking as regulated by § 1201.03, Subd. 5., but not including semi- trailer trucks; b. Off - street loading as regulated by § 1201.03, Subd. 6.; C. Signs as regulated by § 1201.03, Subd. 11. Subd. 4. Conditional uses. The following uses are permitted only subject to the issuance of a conditional use permit as regulated in § 1201.04: a. Automobile repair - minor, provided that: (1) The entire site other than that taken up by a building, structure or landscaping shall be surfaced with a material to control dust and drainage which is subject to approval by the City Engineer; (2) A drainage system subject to approval by the City Engineer shall be installed; (3) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade; (4) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the city staff; (5) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11. ; (6) Any outside storage shall be in compliance with paragraph b of this Subd.; (7) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; and (8) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; b. Open and outdoor storage as an accessory use, provided that: S (1) The use does not constitute more than 30% of the lot area and no more than the floor area of the first story of the principal structure; 1201 -136C 2008S-3 1201.23 Shorewood - Zoning and Subdivision Regulations 1201.23 (2) The area is fenced and screened from view of neighboring residential uses or if abutting any R District; • • 1201 -136D 2008S-3 1201.24 Zoning Regulations 1201.25 • b. A license will be issued to the applicant only and is not transferable to another holder. Each license will be issued only for the premises described in the application. A license may not be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any partner or holder of more than 10% of the issued and outstanding stock of the corporation will be deemed a transfer of the license. C. An application for a license shall be accompanied by a plan, prepared by the applicant, setting forth a procedure providing that seasonal rental of available or unrenewed slips shall be first offered to the city residents. d. Issuance of a license shall take into consideration the historic use of the site under consideration with respect to the use of power boats. With the exception of power boats necessary for the operation of the facility and publicly -owned watercraft operated by public safety personnel, water harboring of boats on any site in Gideon's Bay shall be limited to sailing boats only. Upon a favorable recommendation by the Planning Commission, the City Council may license a limited number of power boats, provided the essential character of the property as a sailing facility is maintained. Subd. 11. Termination procedure for license previously issued. a. If upon inspection by the representative of the City Council it appears the facility is not being maintained or operated in accordance with the terms of the outstanding license: (1) The licensee shall be informed of the violation in writing by the Zoning Administrator; (2) The licensee shall be notified it has 20 days to correct the violation; (3) If the violation is not corrected within the time, the City Council may revoke the license, but not until licensee has been given an opportunity to be heard at a regular meeting of the City Council. b. Failure to have a valid license in force shall be prima facie evidence of a violation of this chapter. (1987 Code, § 1201.24) (Ord. 180, passed 5 -19 -1986; Am. Ord. 443, passed 11 -26 -2007) • 1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT. Subd. 1. Purpose. This District is established to provide comprehensive procedures and standards designed for district planned unit development to allow the development of neighborhoods 2008S-3 1201 -149 1201.25 Shorewood - Zoning and Subdivision Regulations 1201.25 or portions thereof incorporating.a variety of residential types and nonresidential uses. Recognizing that traditional density, bulk, setbacks, use and subdivision regulations which may be useful in protecting the character of substantially developed areas may not be appropriate to control development in less developed areas. Specifically, P.U.D. is intended to encourage: a. Innovations in residential development to the end that the growing demands for housing at all economic levels may be met by greater variety in tenure, type, design and siting of dwellings and by the conservation and more efficient use of land in the developments; b. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects; C. More convenience in location of commercial and service areas within a given project or area, allowing more efficient and desirable transitions between residential and nonresidential land uses; d. The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion; e. A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses; f. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering housing costs and public investments; g. A development pattern in harmony with the objectives of the City Comprehensive Plan; h. A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the city; To give the landowner and developer reasonable assurance of ultimate approval before expending complete design monies while providing city officials with assurances that the project will retain the character envisioned at the time of concurrence; j. To allow variation from the provisions of this chapter, including setbacks, height, lot area, width and depth, yards and the like internally within the project. Provisions of this chapter shall generally be maintained at the periphery of the project area. • • 2008S-3 1201 -150 1201.25 Zoning Regulations 1201.25 • Subd. 2. Permitted Uses. The development agreement for any proposed P.U.D. shall set forth the uses permitted within the proposed P.U.D. All permitted, accessory, or conditional uses allowed in this chapter may be considered for a P.U.D. However, any P.U.D. that includes a mixture of residential and nonresidential uses shall be limited to property containing no less than four acres of gross land area. • 0 1201 -150A 2008S-3 Shorewood - Zoning and Subdivision Regulations • • 1201 -150B • CHAPTER 1301 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section 1301.01 Purpose 1301.02 Establishment of fees and charges 1301.01 PURPOSE. Fees and charges by the city are established as set forth in other sections of the City Code and as set forth in this Title 1300. If there is inconsistency between fees and charges established in this Title 1300 and other sections of the City Code, the terms and conditions set forth in Title 1300 shall prevail. The City Council may amend this Title 1300 from time to time at its sole discretion by simple majority of all of its members. 0 (1987 Code, § 1301.01) (Ord. 263, passed 12 -14 -1992) 1301.02 ESTABLISHMENT OF FEES AND CHARGES. Fees and charges by the city are hereby established as set forth in Schedule A. Each section of the City Code which contains any such fee or charge is hereby amended to reflect the amount set forth in Schedule A. If this Title 1300 does not establish a fee or charge, it shall remain as stated in other sections of the City Code. SCHEDULE A • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee I. Miscellaneous Permits and Licenses Police alarm permits 601.06.1 $100 3rd false alarm and thereafter Fire alarm permits 601.06.1 $200 2nd false alarm and thereafter 2006S-1 1301 -1 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference I. Miscellaneous Permits and Licenses Recreational fire permit 501.03 No charge Open burning permit 501.03 $100 per site Boat docks and boat storage 304.05 $35 facility license Tobacco retailer license 302 $250 /premise Tobacco administrative fines: Tobacco licensees in violation $75 /first offense $200 /second offense in 24 -month period $250 /thereafter within 24 -month period Other individuals in tobacco violation $50 per offense Adult use license 309 Investigative fee $500 Adult use facility license $1,675 + $50 /video booth or stall Dog licenses, per animal 701.03.2 $10 $5 license late fee Kennel license 701.04.2 $25 /initial license $10 /renewal license Horse permit 702.04 $25 Animal impound fees 701.08.4 $25 first offense of year, $50 thereafter Daily boarding fee $27 (minimum 2 -day fee) Additional services when $95 inoculation required $35 bath Street excavation permit 901.01.2b $150 Gambling license 301.06.2 $100 biennial 301.06.1 $25 temporary System contractor license $1,000 bond Refuse hauler license 503.05.4 $50 plus $25 /truck • • 1301 -2 2008S-3 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee I. Miscellaneous Permits and Licenses Tree trimmers license 305.01 $30 Commercial lawn fertilizer Application license (annual) 310.03.2d $30 Therapeutic massage license fee Application investigation fee $150 $100 Fireworks dealer license /permit $100 per site /per year Multiple dock facility license 1201.24, Subd. 10 $2 per slip /per year II. Liquor Intoxicating liquor license - on- sale 401.06.1 $7,500 Wine license - on -sale 401.06.1 $1,000 Intoxication malt liquor /wine license - on -sale 401.06.1 $2,000 Intoxicating liquor - off -sale 401.06.1 $310 Liquor special club license 401.06.1 $250 Special Sunday license 401.06.1 $200 3.2% malt Liquor license - on -sale 401.06.2 $300 3.2% malt liquor Liquor license - off -sale 401.06.2 $50 3.2% malt liquor Temporary license 401.06.2 $25 Liquor license investigation fee - new license 401.06.1 $500 1301 -3 2008S-3 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference II. Liquor Liquor licensees in violation 401.06.2 $500 /first offense $1,000 /second offense in 24 -month period $1,500 /third offense in 24 -month period $2,000 /fourth offense in 24 -month period III. Utility Rates Sewer Sewer connection permit 904.07.1 $150 Sanitary Sewer Service 904.15.1a $70 /qtr /residential $45 /qtr /residential (low income) Commercial: $71.90 /qtr, plus $2.55/ea 1,000 gallons in excess of 28,500 gallons per qtr. Sanitary sewer surcharge 904.09.5 $100 /month Local sewer availability charge 904.18.3 $1,200 Water Water connection permit 903.03.1a Inside $50 Outside $60 • • • 1301 -4 2008S-3 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference Water Water meter 5/8" x 3/4" meter (with touch 903.03.lb(2) $250 pad) 3/4" copperhorn for 5/8" meter $55 Touch pad only $15 1 " meter $360 1 " copperhorn and connections $100 1 " pressure- reducing valve $55 1 1/2" meter (with flanges) 903.03.lb(2) Cost plus 10% 2" meter (with flanges) 903.03.1b(2) Cost plus 10% 11/2 " pressure- reducing valve Cost plus 10% 2" pressure- reducing valve Cost plus 10 % Late meter reading fee 903.08.6 $5 Meter test 903.08.4 $80 Water service 903.09.1a $35 /quarter first 10,000 gallons, plus $2.95 per 1,000 gallons in excess of 10,000 gallons up to 50,000 gallons, and $3.75 per 1,000 gallons in excess of 50,000 gallons per quarter Water service - low income 903.09.1a(1) $15 /quarter minimum Water turn -on and shut -off fee 903.04 $50 Base water special assessment (R) 903.18.03 $5,000 Water trunk charge (T) 903.18.06 $10,000 Water connection fee 903.03.3 Connection fee shall be the same as the amount specified in § 903.18, Subd. 6.a. less any amounts previously paid for trunk water improvements as special assessments or for trunk charges at the time of subdivision of land pursuant to § 903.18 Subd. 6.a. 2008S-3 1301 -5 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference Water Water supply - research of $75 properties Stormwater Management Stormwater Management Utility $10.59 /qtr: lots less than 10,000 sq. ft. Residential equivalent factor $15.12 /qtr: lots 10,000 - 50,000 sq. ft. Basic system rate 905.03 $19.68 /qtr: lots 50,000 plus sq. ft. Recycling Residential recycling fee $1.75 /month /household Recycling containers $8 after first container Wheel -eez $10 each IV. Miscellaneous Fees and Charges Special assessment search $20 Mailed minutes (nonresident) $75.00 annual $.25 /page /individual Mailed agendas $35 annual $ .25 /page /individual Copies $.25 /page /single side 8.5 x 11" $.50 /page /single side anything larger Color copies $1 /page /single side Mailing labels (all city residents) $35 all residents on printed mailing labels Aerial topography: Mylar copy $16 /acre plus $5 /mylar Electronic $50 /megabyte of data City Code book $75 CD Rom $25 Updates $25 /year City Zoning Code $20 • • 1301 -6 2008S-3 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • 0 rI LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference IV. Miscellaneous Fees and Charges City Zoning Code $20 Comprehensive Plan (softbound color copy $35 City Subdivision Ordinance (softbound copy) $8 Election filing fee $2 Spring clean -up fees 507.09.1 Up to $10 507.09.2 $20 air conditioners* $20 water softeners* $12 appliances, including water heaters* $10 mattresses and rolled carpets /padding* $15 large furniture* $5 tires with or without rims* $13 truck tires without rims* $0 auto batteries* * Or as determined based upon actual cost of disposal Transient business, 308.08 peddling /soliciting $50 /applicant Sand barrel /sand charge $40 barrel and sand /$30 sand only Tri- annual rental housing Appeal filing fee 1004.06.6 $100 License fee, per unit (includes up 1004.03(3)• $60 to three inspection /unit) Additional inspections as necessary 1004.03(3) $20 /inspection Return check fee $25 Plans and specifications, paper copy $35 Plans and specifications, CD copy $25 2008S-3 1301 -7 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference V. Park and Recreation Park and recreation use fees 902.06.3 Organized sports participant $10 /per participant, per sport, per season Skating rinks (per rink) Lights $15 /hour Tournaments, per rink $30 /day plus attendant salary Soccer /Football /Baseball /Softball Fields (per field) Damage deposit, all fields $125 /flat fee Football Field, unlighted $50 /day Lights $30 /hour Diamond field (baseball) $50 /day Entire soccer area, unlighted $150 /day Multi -use buildings Resident Base Fee $50 Damage deposit, all buildings $25 Manor /Badger $100 Eddy Station Picnic Pavilions Resident Base Fee $25 Manor /Freeman $50 Eddy Station Pavilions VI. Building, Zoning, Land Use Zoning /amendments 1201.04.1a $600 Conditional use permit 1201.04.1a $200 (residential) 1201.05.3a $400 plus $100 escrow (nonresidential) $1,000 plus $1,000 escrow (communication facilities) Variances and appeals 1201.05.3a $250 plus $150 escrow (residential) $300 plus $150 escrow (nonresidential) Planned unit development 1201.25.6b(2)(b) Concept plan $300 plus $100 escrow Development stage plan $300 plus $100 escrow Final plan $300 plus $100 escrow • • 2008S-3 1301 -8 1301.02 Licenses, Permits, Service Charges and Miscellaneous .Fees 1301.02 • • • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference VI. Building, Zoning, Land Use Site plan review /certificate 1201.07.2 $150 Subdivision sketch plan review 1202.03.1 $200 Subdivision (Metes and Bounds) 1202.03. 1 a(2) $350 plus $100 escrow (three lots or less) Subdivision (Preliminary plat) 1202.03.la(2) $350 plus $25 /lot plus $1,000 escrow Subdivision (final plat) 1202.03.1a(2) $500 plus $25 /lot plus $1,000 escrow Park dedication 1202.07 $5,000 /unit (cash in lieu of land) Comprehensive plan amendment $200 pre- application $800 formal application Extension of deadline for recording 50% of original application fee resolutions Note: Base fees are non - refundable. Escrow deposits are to cover consulting engineer and attorney expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Building permit 1001.03 1997 U.B.C. SECTION 107 1997 U.B.C. TABLE 1 -A AND STATE RULE 1300.0160 Reinspection fee $35 Residential Roofing permit S.B.C. $75 Siding permit S.B.C. $75 Window permit $75 Mechanical permit S.B.C. State Statute or 2.5% of value, $35 minimum Plumbing permit S.B.C. State Statute or $15 /fixture, $35 minimum 2008S-3 1301 -9 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee Removal or abandonment, U.F.C. $35 first tank plus $20 each underground tanks additional Demolition permit S.B.C. $50* Sign permit application fee 1201.03. 11 f $20 Approved sign Per 1997 U.B.C. Table 1 -A permit fee Fence permit 1201.03.2f $20 Grading /filling permit S.B.C. Per 1997 U.B.C. Table A -33 -A and A -33 -B Home occupation permit 1201.03.12c $200 (special) Underground irrigation 901.01.2d $20 system permit R.O.W. Encroachment 901.01.2b $40 permit R.O.W. or easement $300 vacation request R.O.W. work annual 901.07 $200 registration R.O.W. excavation permit 901.09 $75 administration fee Per additional excavation - 901.09 $20 unpaved area Underground utility /telecom 901.09 $45 per 100 L. Ft. (plus installation - direct boring minimum permit fee) or tunneling Underground utility /telecom 901.09 $60 per 100 L. Ft. (plus installation -open trenching minimum permit fee) Obstruction permit 901.09 $20 • • L 1301 -10 2008S-3 1301,02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee Degradation fee Restoration fee 901.09 901.12 Varies Varies * Fee is waived when done in conjunction with a building permit or when burned by Fire Department. (1987 Code, § 1301.02) (Ord. 263, passed 12 -14 -1992; Ord. 274, passed 5 -10 -1993; Ord. 277, passed 8 -23 -1993; Ord. 279, passed 9 -27 -1993; Ord. 285, passed 1 -24 -1994; Ord. 287, passed 3 -14 -1994; Ord. 292, passed 5 -23 -1994; Ord. 299, passed 6 -12 -1995; Ord. 301, passed 6 -12 -1995; Ord. 302, passed 7 -10 -1995; Ord. 309, passed 2 -12 -1996; Ord. 322, passed 6 -9 -1997; Ord. 328, passed 12 -15 -1997; Ord. 329, passed 12 -15 -1997; Ord. 332, passed 2 -23 -1998; Ord. 340, passed 9 -14 -1998; Ord. 344, passed 9 -28 -1998; Ord. 351, passed 5 -24 -1999; Ord. 353, passed 6 -14 -1999; Ord. 356, passed 9 -13 -1999; Ord. 359, passed 12 -13 -1999; Ord 360, passed 1 -10 -2000; Ord 365, passed 8 -14 -2000; Ord. 369, passed 2 -12 -2001; Ord. 370, passed 2- 26- 2001;Ord. 412, passed 2 -28 -2005; Ord. 416, passed 7 -25 -2005; Ord. 432, passed 12 -11 -2006; Am. Ord. 437, passed 7 -9 -2007; Am. Ord. 438, passed 8 -13 -2007; Am. Ord. 439, passed 9 -10 -2007; Am. Ord. 442, passed 11 -5 -2007; Am. Ord. 445, passed 12 -10 -2007; Am. Ord. 446, passed 1 -28 -2008) L1 2008S-3 1301 -11 Shorewood - Municipal Fees • • 1301 -12 • REFERENCES TO MINNESOTA STATE STATUTES M. S. Section Code Section Ch. 12 602.01, 602.08 15.73, Subd. 3 901.04 15.99, Subd. 3.(e) 1101.10 16B.59- 16B.75 1001.02, 1001.03 16B.62, Subd. 1 1001.04, 1001.05 16B.65, Subd. 1 1001.04 1613.69 1001.06 16B.70 1001.05 18.75 -18.88 501.04 Ch. 18B 310.03 Ch. 18C 310.03 42 1201.26 82.17 204.02 84.81 -84.88 611.05 88.16 -88.22 608.11 Ch. 103F 1101.01 Ch. 103G 1101.04, 1101.10 Ch. 105 1201.26 105.44 1201.26 144.391 302.01 152.02 306.02 168.10 502.02 Ch. 168B 502.01 168B.01 604.04 Ch. 169 604.04, 610.01, 611.05 169.01 902.04 204B.135 106.01 205.84 106.01 216B.02 901.04 216B.02, Subd. 4 901.04 216B.02, Subd. 6 901.04 Ch. 216D 901.28 216D.01 -.09 901.20, 901.28 216.D.04, Subd. 3 901.04 237.16 901.04 237.79 901.04 237.81 901.04 3 2008S-3 Shorewood - Parallel References M. S. Section 237.162 237.162, Subd. 4 237.163 237.163, Subd. 2(b) Ch. 238 238.086 260.185 278.01- 278.13 290.09- 290.13 299F.011 299F.011, Subd. 4 299F.011, Subd. 6 300.06 Ch. 308A 309.515 326.02 Ch. 327 Ch. 329 Ch. 340A 340A.101 340A.404, Subd. 5 340A.412, Subd. 14 340A.414 340A.504 340A.801 340A.802 343.40 Ch. 349 349.11- 349.21 349.11- 349.23 349.166 349.12 349.213 Ch. 361 Ch. 363 364.03 Ch. 412 412.221 412.221 et seq. 412.541 412.581 412.591 Code Section 0 901.04, 901.11 901.04, 901.11 901.04, 901.11 901.04 901.04 901.04 606.01 312.09 1201.02 607.03, 901.02 607.04 607.05 901.06 901.04 308.05 1202.02 1201.02 308.07 401.02 401.03 401.05 401.03 401.18 401.18 401.15 401.09 701.05 301.01, 301.02, 301.03, 301.14 301.15 301.06, 301.07 301.09 301.04 301.03 501.06 204.01 312.09, 312.12 105.03 309.01 501.08 105.01, 105.02 105.01, 105.02 107.01 4 2008S-3 References to Minnesota State Statutes • M. S. Section Code Section Ch. 429 501.08, 901.17, 1202.07 429.101 502.01, 502.02, 502.03 444.25 906.05 444.075 905.02, 905.08 Ch. 453 901.04 Ch. 453A 901.04 Ch. 462 901.17, 1101.01 462.351 - 462.363 1201.01 462.351- 462.364 201.01 462.357 309.01 462.357, Subd. lc 1201.03 462.358 1202.01, 1202.02 462.361 1201.04 463.15 1004.06 Ch. 466 501.08 446.04 901.06 471.195 502.06 463.17 502.02 . Ch. 474 108.01 474.01(7) 108.04 474.02 108.02 Ch. 505 1202.02 505.03 1202.04 514.67 501.08 Ch. 515 1201.25 515.01 - 515.19 1201.02 609.725 603.03 609.75- 609.763 301.06, 301.15 624.20 312.01, 312.02, 603.05 626.862 104.02 4715.3140 901.06 • 5 2008S-3 Shorewood - Parallel References • • • r� u • 2008S-3 REFERENCES TO MINNESOTA RULES Minn. Rules Section Ch. 1306 Ch. 1335 Ch. 1335, parts 1335.0600- 1335.1200 Ch. 1510 6100.5700, subp. 5 Ch. 6120, parts 6120.2500- 6120.3900 Ch. 7009 Ch. 7011 Ch. 7017 Ch. 7019 Ch. 7030 Ch. 7560 7560.0150, subp. 2 7819.0050- 7819.9950 7819.1000, subp. 3 7819.1100 7819.1250 7819.1300 7819.3000 7819.3100 7819.3200 7819.4000 7819.4100 7819.5000 7819.5100 Ch. 7819, parts 7819.9900- 7819.9950 8800.1200 8800.2800 Code Section 1001.03 1001.03 1001.03 608.11 611.04 1201.02 1201.03 1201.03 1201.03 1201.03 501.05, 1201.03, 1201.23, 1201.24 901.11, 901.28 901.17 901.04 901.07 901.04, 901.11 901.25 901.21 901.11 901.19 901.23 901.17 901.17 901.11, 901.19 901.19 901.04 1201.03 1201.03 7 Shorewood - Parallel References • • • References to 1987 Code of Ordinances 0 1987 Code Section - 2004 Code Section 307.11 307.11 307.12 307.12 307.13 307.13 307.14 307.14 308.01 308.01 308.02 308.02 308.03 308.03 308.04 308.04 308.05 308.05 308.06 308.06 308.07 308.07 308.08 308.08 308.09 308.09 308.10 308.10 308.11 308.11 308.12 308.12 308.13 308.13 309.01 309.01 309.02 309.02 309.03 309.03 309.04 309.04 309.05 309.05 309.06 309.06 310.01 310.01 310.02 310.02 310.03 310.03 310.04 310.04 310.05 310.05 310.06 310.06 13 2008S-3 Shorewood - Parallel References 1987 Code Section 501.02 503.01 503.02 503.03 503.04 503.05 503.07 503.08 507.01 507.02 507.03 2004 Code Section 609.01- 609.05 502.01 502.02 502.03 502.04 502.05 502.07 502.08 503.01 503.02 503.03 r r] • 14 2008S-3 References to 1987 Code of Ordinances 1987 Code Section 2004 Code Section 801.04 610.04 801.05 610.05 801.06 610.06 801.07 610.07 801.08 610.08 801.09 610.09 801.10 610.10 802.01 611.01 802.02 611.02 802.03 611.03 802.04 611.04 802.05 611.05 802.06 611.06 802.07 611.07 802.08 611.08 802.09 611.09 802.10 611.10 901.02 901.01 901.03 901.03 902.01 902.01 902.02 902.02 902.03 902.03 902.04 902.04 902.05 902.05 902.06 902.06 902.07 902.07 902.08 902.08 902.09 902.09 902.10 902.10 904.01 904.01 904.02 904.02 904.03 904.03 904.04 904.04 904.05 904.05 904.06 904.06 904.07 904.07 904.08 904.08 • 17 2008S-3 Shorewood - Parallel References 1987 Code Section - 2004 Code Section 904.09 904.09 904.10 904.10 904.11 904.11 904.12 904.12 904.13 904.13 904.14 904.14 904.15 904.15 904.16 904.16 904.17 904.17 904.18 904.18 904.19 904.19 905.01 905.01 905.02 905.02 905.03 905.03 905.04 905.04 905.05 905.05 905.06 905.06 905.07 905.07 905.08 905.08 905.09 905.09 906.01 906.01 906.02 906.02 906.03 906.03 906.04 906.04 906.05 906.05 1002.01 1002.01 1002.02 1002.02 1002.03 1002.03 1002.04 1002.04 1002.05 1002.05 1002.06 1002.06 1002.07 1002.07 1002.08 1002.08 1002.09 1002.09 1003.01 1003.01 1003.02 1003.02 1003.03 1003.03 1003.04 1003.04 1003.05 1003.05 18 • REFERENCES TO ORDINANCES • • 2008S-3 Ord. No. Date Passed Code Section 5 7 -17 -1956 603.03, 603.06, 603.08, 603.09 12 8 -14 -1956 109.02, 902.06 16 12 -14 -1957 303.05 20 9 -16 -1958 603.06 28 9 -12 -1960 1003.01- 1003.02,1003.04, 1003.05 29 2 -13 -1961 304.04, 304.05, 304.08, 304.09 45 8 -9 -1965 107.01 53 1 -22 -1968 610.03, 610.05, 610.08, 610.10 56 9 -8 -1969 304.09, 603.09, 610.10, 1003.05 62 6 -17 -1971 204.03, 204.06 64 5 -8 -1972 904.02, 904.03, 904.06- 904.08, 904.10, 904.14, 904.17, 904.19 68 2 -12 -1973 904.03, 904.15 70 3 -12 -1973 1102.04, 1102.06 72 6 -4 -1973 502.02, 502.07 76 10 -8 -1973 901.02 77 9 -24 -1973 201.04 78 2 -11 -1974 610.01 80 8 -26 -74 904.15 81 11 -25 -74 701.02, 701.04, 701.09, 701.10, 701.13 84 6 -23 -1975 202.01- 202.04 92 5 -9 -77 105.04 93 6 -13 -1977 305.01, 305.03 96 9 -12 -1977 702.10 100 7 -10 -1978 703.02, 703.05 21 Shorewood - Parallel References C 22 2008S-3 Ord. No. Date Passed Code Section 101 8 -14 -1978 505.04 102 8 -14 -1978 202.03 105 9 -11 -1978 901.02 117 - -1980 108.09 118 3 -31 -1980 904.15 119 3 -31 -1980 609.01- 609.05 120 5 -12 -1980 904.07 121 5 -28 -1980 901.01, 901.06 123 10 -6 -1980 902.06 127 8 -24 -1981 610.02 132 4 -11 -1983 1002.02 132 9 -27 -1982 610.04 139 1 -24 -1983 604.05 140 2 -14 -1983 902.02, 902.03, 902.05, 902.06, 902.10 143 4 -11 -1983 1002.02, 1002.09 147 8 -8 -1983 610.07 155 1 -9 -1984 703.02, 703.03 162 1 -28 -1985 306.09 163 2 -11 -1985 610.09 164 3 -11 -1985 902.05 168 6 -24 -1985 1201.03 171 8 -12 -1985 1201.03 173 8 -12 -1985 701.04 176 1 -27 -1986 503.08 179 2 -24 -1986 610.09 180 5 -19 -1986 1201.02, 1201.03, 1201.10- 1201.17, 1201.19, 1201.23- 1201.25 182 7 -14 -1986 601.05, 601.06 186 6 -23 -1986 610.02 187 11 -10 -1986 605.03 188 11 -24 -1986 1201.03 189 11 -24 -1986 1201.23 192 11 -22 -1986 1201.23 C 22 2008S-3 References to Ordinances • 23 2008S-3 Ord. No. Date Passed Code Section 200 9 -14 -1987 603.10 201 9 -28 -1987 307.14 204 2 -8 -1988 901.01 208 4 -11 -1988 1201.03, 1201.06, 1201. 10, 1201.11, 1201.19, 1201.23 209 5 -9 -1988 1102.11 213 3 -27 -1989 701.04, 701.06, 701.08- 701.11 214 5 -22 -1989 1201.03, 1201.23 217 7 -10 -1989 1102.05 218 7 -24 -1989 502.02 219 12 -4 -1989 904.15 222 3 -12 -1990 610.09 226 6 -11 -1990 1201.03 227 6 -11 -1990 1201.03 232 9 -10 -1990 701.07 237 5 -13 -1991 503.09 238 6 -24 -1991 503.10 239 6 -24 -1991 901.01 242 8 -26 -1991 1201.02,1201.10 - 1201.17, 1201.23 243 9 -9 -1991 1201.02, 1201.03, 1201.17, 1201.19 245 10 -28 -1991 611.10 246 10 -28 -1991 610.06, 902.04 254 4 -13 -1992 904.18 254 4 -13 -1992 904.03 261 11 -30 -1992 1201.02, 1201.03, 1201.26 263 12 -14 -1992 304.05, 305.01, 507.09, 601.06, 701.04, 904.08, 1301.01, 1301.02 264 1 -11 -1993 202.02 265 1 -25 -1993 308.01- 308.13 266 1 -25 -1993 902.02 268 1 -25 -1993 905.01- 905.09 270 2 -22 -1993 1201.03 271 3 -10 -1993 904.18 • 23 2008S-3 Shorewood - Parallel References 24 2008S-3 Ord. No. Date Passed Code Section 272 4 -12 -1993 1004.01- 1004.06 274 5 -10 -1993 1301.02 275 5 -24 -1993 1201.03 276 6 -14 -1993 1201.03 277 8 -23 -1993 904.09, 1301.02 278 8 -23 -1993 202.02 279 9 -27 -1993 1301.02 280 10 -11 -1993 611.10 285 1 -24 -1994 1301.02 286 2 -28 -1994 906.05 287 3 -14 -1994 1301.02 288 3 -28 -1994 702.03 289 3 -28 -1994 1201.03 291 5 -9 -1994 1201.03 292 5 -23 -1994 1301.02 293 6 -13 -1994 904.05 294 9 -12 -1994 902.04 296 1 -23 -1995 611.10 297 2 -27 -1995 610.09 299 6 -12 -1995 701.04, 1301.02 301 6 -12 -1995 1301.02 302 7 -10 -1995 1301.02 305 8 -28 -1995 1102.02, 1102.06 309 2 -12 -1996 1301.02 310 2 -12 -1996 902.06 311 6 -24 -1996 609.01- 609.05 312 6 -24 -1996 610.06 314 10 -14 -1996 611.10 315 11 -25 -1996 201.05 316 11 -25 -1996 308.04 317 12 -4 -1996 202.02, 202.03 318 1 -13 -1997 308.11 321 5 -12 -1997 1201.02, 1201.03 322 6 -9 -1997 1301.02 323 10 -26 -1997 1201.03 324 10 -27 -1997 1103.03 328 12 -15 -1997 1301.02 24 2008S-3 References to Ordinances • Ord. No. Date Passed Code Section 329 12 -15 -1997 1301.02 330 2 -9 -1998 610.10 332 2 -23 -1998 1301.02 334 4 -27 -1998 701.07, 902.03 336 5 -26 -1998 201.02, 201.03 338 8 -24 -1998 602.09 340 9 -14 -1998 1301.02 341 9 -14 -1998 308.02, 308.04 343 9 -28 -1998 1201.03 344 9 -28 -1998 1301.02 345 10 -26 -1998 1201.02, 1201.03 347 11 -23 -1998 904.09 348 1 -11 -1999 201.02, 201.03 349 1 -25 -1999 202.02 351 5 -24 -1999 1301.02 353 6 -14 -1999 601.02- 601.04,601.07, 1301.02 356 9 -13 -1999 1301.02 358 10 -25 -1999 611.02, 611.03 359 12 -13 -1999 1301.02 360 1 -10 -2000 1301.02 361 2 -14 -2000 1201.03 363 5 -22 -2000 702.04 364 6 -26 -2000 902.04 365 8 -14 -2000 902.06, 1301.02 367 9 -11 -2000 1201.09 368 11 -27 -2000 1201.09 369 2 -12 -2001 1301.02 370 2 -26 -2001 1301.02 371 5 -29 -2001 1201.03 373 -a 7 -23 -2001 1201.02 373 -b 8 -27 -2001 311.01- 311.09 374 12 -10 -2001 1201.03 375 12 -10 -2001 1201.03 377 1 -14 -2002 310.04 378 1 -14 -2002 901.03 379 2 -11 -2002 1201.03 380 2 -11 -2002 1202.01 - 1202.10 381 2 -25 -2002 610.06 25 2008S-3 Shorewood - Parallel References Ord. No. Date Passed 382 3 -25 -2002 383 3 -25 -2002 384 4 -30 -2002 385 5 -28 -2002 386 6 -10 -2002 387 6 -10 -2002 388 7 -8 -2002 389 8 -12 -2002 390 8 -12 -2002 391 11 -12 -2002 392 1 -27 -2003 394 4 -14 -2003 395 7 -28 -2003 396 7 -28 -2003 397 8 -25 -2003 398 9 -8 -2003 399 9 -22 -2003 400 2 -9 -2004 401 2 -23 -2004 402 3 -8 -2004 403 5 -24 -2004 405 9 -13 -2004 406 9 -13 -2004 407 9 -27 -2004 408 10 -11 -2004 409 11 -22 -2004 410 12 -13 -2004 411 12 -13 -2004 412 2 -28 -2005 413 2 -28 -2005 415 4 -25 -2005 416 7 -25 -2005 419 1 -23 -2006 420 2 -13 -2006 422 7 -24 -2006 423 7 -24 -2006 424 7 -24 -2006 425 7 -24 -2006 426 7 -24 -2006 427 7 -24 -2006 428 8 -14 -2006 Code Section 0 1201.26 1201.04, 1201.05 106.01 503.09 312.01- 312.13 603.05 1201.09 1201.02, 1201.04 503.06 310.03 1201.03 701.02, 701.07 903.01- 903.20 1201.03 1201.19 701.01, 701.02, 701.07 503.01, 503.06 1001.01- 1001.06 607.01- 607.05 610.09 1201.19 1101.01- 1101.13 201.03, 202.02 201.04, 202.03 105.05 Adopting Ordinance 1201.03 1201.25 1301.02 1201.03 1201.09 1301.02 1201.02, 1201.03 1201.03, 1201.26 1201.19 1201.09 1201.09 1201.09 1201.09, 1201.22, 1201.23 1201.03 Adopting Ordinance 26 2008S-3 References to Ordinances Ord. No. Date Passed Code Section 429 1 -22 -2007 1005.01 - 1005.06 430 11 -13 -2006 603.06, 703.04 431 11 -27 -2006 1201.02, 1201.03 432 12 -11 -2006 1301.02 433 1 -22 -2007 1201.03 434 3 -12 -2007 610.09 435 3 -12 -2007 201.04 436 5 -29 -2007 Adopting Ordinance 437 7 -9 -2007 1301.02 438 8 -13 -2007 1301.02 439 9 -10 -2007 1301.02 440 11 -5 -2007 1201.22 441 11 -5 -2007 401.01- 401.22, 402.01- 402.03 442 11 -5 -2007 1301.02 443 11 -26 -2007 1201.24 444 12 -10 -2007 901.01- 901.29 445 12 -10 -2007 1301.02 446 1 -28 -2008 1301.02 • 447 1 -28 -2008 904.09 • 27 2008S-3 Shorewood - Parallel References • • 28 Index GARAGE SALES (See TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES) GARBAGE COLLECTION AND DISPOSAL (See REFUSE COLLECTION AND DISPOSAL) GENERAL COMMERCIAL DISTRICT, 1201.22 GOING OUT OF BUSINESS SALES Application for license, 307.05 Conditions of license, 307.11 Deadline for renewal application; number of renewals, 307.10 Definitions, 307.01 Exception for actual disaster sales, 307.02 Exception for regular sales of damaged goods consigned from insurance companies, 307.03 Legal sales excepted, 307.13 License fee, 307.07 License required, 307.04 Licensee to refrain from similar business for six months, 307.12 Limitations on grants of licenses, 307.06 Proof required for renewal, 307.09 is Term; renewals authorized, 307.08 Violations, 307.14 GRAVEL; EXCAVATION OF (See BUILDING REGULATIONS) HARBOR LIMITS Harbor limits established, 109.01 Jurisdictional limit, 109.02 Lake Minnetonka Conservation District Code, 109.03 HORSES (See ANIMAL REGULATIONS) HOUSE NUMBERING, 901.03 HUNTING AND TRAPPING ANIMALS (See ANIMAL REGULATIONS) INTOXICATING LIQUOR (See LIQUOR REGULATIONS) JUVENILE CURFEW Curfew for minors, 606.01 0 L -R, LAKESHORE RECREATIONAL DISTRICT, 1201.24 11 Shorewood - Index LAKE MINNETONKA CONSERVATION DISTRICT CODE, 109.03 LAKESHORE RECREATIONAL DISTRICT, 1201.24 LAWN FERTILIZER APPLICATION CONTROL Definitions, 310.02 Exemption to phosphorous requirement, 310.05 General regulations, 310.04 Penalty, 310.06 Purpose, 310.01 Regulations for commercial lawn fertilizer applicators, 310.03 LIQUIDS; COMBUSTIBLE; STORAGE OF (See COMBUSTIBLE LIQUIDS; STORAGE OF) LIQUOR REGULATIONS Consumption, purchase and possession of alcohol by persons under the age of 21 years Consumption of alcohol by persons under the age of 21 years, 402.01 Furnishing alcoholic beverages to persons under 21 years of age, 402.02 Misdemeanors, 402.03 Liquor regulations Application for a license, 401.09 Bond and insurance requirements, 401.15 Classification of licenses, 401.05 Conditions of license, 401.16 Definitions, 401.03 Enforcement, 401.20 Hours of operation, 401.17 License and investigation fees, 401.06 License required, 401.04 License violation administrative penalties, 401.22 Licensing procedures, 401.10 Municipal Liquor Store abolished, 401.01 Off -sale licenses, number of, 401.07 Persons ineligible for licenses, 401.08 Prohibited acts and conditions, 401.18 Renewal applications, 40 1. 11 Restrictions on license, 401.13 State statutes adopted, 401.02 Suspension or revocation of license, 401.19 Term of license, 401.14 Transfer of license, 401.12 Violation, 401.21 0 12 2008S-3 Index s MASSAGE LICENSING (See THERAPEUTIC MASSAGE LICENSING) MAYOR AND CITY COUNCIL, 105.05 MISDEMEANOR OFFENSES (See OFFENSES; MISDEMEANOR) MOVING OF BUILDINGS (See BUILDING REGULATIONS) MULTIPLE - FAMILY RESIDENTIAL DISTRICT, 1201.17, 1201.18 MUNICIPAL LIQUOR STORE (See LIQUOR REGULATIONS) NUISANCES Abatement, 501.08 Definitions, 501.02 Enforcement, 501.07 Public Nuisances Affecting Health, 501.04 Public Nuisances Affecting Peace and Safety, 501.05 Public Nuisances Prohibited, 501.03 Public Nuisances Within Harbor Limits, 501.06 Purpose, 501.01 Violation, 501.09 OFFENSES; MISDEMEANOR Citations for misdemeanor violations, 603.10 Conspiracy to commit an offense, 603.02 Cruelty to animals, 603.08 Misdemeanor offenses generally, 603.01 Offenses involving public health and safety, 603.05 Offenses involving public officials, 603.07 Offenses involving property, 603.04 Offenses involving the person, 603.03 Offenses involving weapons, 603.06 Violation, 603.09 OFFICERS AND EMPLOYEES (See CITY OFFICERS AND EMPLOYEES) OFFICIAL CITY CODE (See CODE OF ORDINANCES) • 13 QIZ1: ` ] Shorewood - Index OPEN BURNING Burning ban or air quality alert, 608.10 Definitions, 608.02 Denial of permit, 608.09 Permit application and fees, 608.05 Permit holder responsibility, 608.07 Permit process , 608.06 Permit required , 608.04 Prohibited materials, 608.03 Purpose, 608.01 Revocation of permit, 608.08 Rules and laws adopted by reference, 608.11 OUTDOOR WOOD- BURNING FURNACES (See BUILDING REGULATIONS) P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT, 1201.25 PARK COMMISSION Commission created, membership, term of office, 202.02 Organization, 202.03 Powers and duties, 202.04 Purpose, 202.01 PARKING, 610.02 PEDDLERS, CANVASSERS AND GARAGE SALES (See TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES) PLANNED UNIT DEVELOPMENT DISTRICT, 1201.25 PLANNING COMMISSION Composition, 201.02 Establishment, 201.01 Jurisdiction and duties, 201.05 Members of Commission, 201.03 Organization, 201.04 PONIES (See ANIMAL REGULATIONS) PROPERTY; UNCLAIMED (See UNCLAIMED PROPERTY) 14 2008S-3 Index PUBLIC PARKS AND RECREATION AREAS Additional rules for use of park and recreation facilities, 902.05 Administrative rules and regulations, 902.09 Animals in park and recreation areas, 902.03 Application of provisions to city employees, 902.08 Discrimination in parks, 902.07 General regulations and rules of conduct, 902.02 Purpose, 902.01 Use of recreational facilities by athletic associations, 902.06 Vehicle restrictions, 902.04 Violation, 902.10 PUBLIC UTILITY SERVICES, 901.04 PUBLIC WAYS; USE OF, 610.07 R -lA, SINGLE - FAMILY RESIDENTIAL DISTRICT, 1201.10 R -113, SINGLE - FAMILY RESIDENTIAL DISTRICT, 1201.11, 1201.12 is R -1D, SINGLE - FAMILY RESIDENTIAL DISTRICT, 120 1. 11 R -2A, SINGLE AND TWO- FAMILY RESIDENTIAL DISTRICT, 1201.14 R -213, SINGLE AND TWO - FAMILY RESIDENTIAL DISTRICT, 1201.15 R -2C, SINGLE AND TWO- FAMILY RESIDENTIAL DISTRICT, 1201.16 R -3A, MULTIPLE - FAMILY RESIDENTIAL DISTRICT, 1201.17 R -313, MULTIPLE - FAMILY RESIDENTIAL DISTRICT, 1201.18 R -1C, SINGLE - FAMILY RESIDENTIAL DISTRICT, 1201.12 R -C, RESIDENTIAL /COMMERCIAL DISTRICT, 1201.19 RAFFLES (See GAMBLING AND RAFFLES) RECREATION AREAS (See PUBLIC PARKS AND RECREATION AREAS) REFUSE COLLECTION AND DISPOSAL Collection vehicles, 503.07 Collectors, licensing requirements, 503.05 Containers, 503.04 15 2008S-3 Shorewood - Index REFUSE COLLECTION AND DISPOSAL Cont'd Definitions, 503.01 Disposal required, 503.03 General regulations, 503.02 Mandatory recycling for multiple - family dwellings, 503.10 Refuse or yard waste collection schedule, 503.06 Spring cleanup, 503.09 Violation, 503.08 RENTAL HOUSING CODE (See BUILDING REGULATIONS) RESIDENTIAL /COMMERCIAL DISTRICT, 1201.19 ROCK, SAND, AND GRAVEL; EXCAVATION OF (See BUILDING REGULATIONS) S, SHORELAND DISTRICT, 1201.26 SAND, AND GRAVEL; EXCAVATION OF (See BUILDING REGULATIONS) SCHOOL BUSES; PASSING, 610.03 SEWER CODE Administration and enforcement, 904.02 Building sewers and connections, 904.08 Definitions, 904.03 Interceptors required, 904.10 Materials under special review, 904.12 Measurements, tests and analyses, 904.14 Preliminary treatment, 904.13 Private sewage disposal systems, 904.06 Prohibited discharges into the sanitary sewer system, 904.09 Prohibited substances, 904.11 Property damage, 904.17 Reserved for future use, 904.01 Sewer permits, 904.07 Sewer service connections, 904.05 Sewer service rates and charges, 904.15 Sewerage system growth policy, 904.18 Special agreements, 904.16 Use of public sewers required, 904.04 Violation, 904.19 16 2008S-3 Index SEXUAL CONDUCT; PREMISES CONDUCIVE TO HIGH -RISK Criminal penalties, 504.06 Definitions, 504.02 Exceptions, 504.04 Findings and purpose, 504.01 Health enforcement powers, 504.05 Public health regulations, 504.03 SHORELAND DISTRICT, 1201.26 SINGLE AND TWO - FAMILY RESIDENTIAL DISTRICT, 1201.14, 1204.15, 1204.16 SINGLE - FAMILY RESIDENTIAL DISTRICT, 1201.10, 1201.11 SNOWMOBILES Application of other laws, 611.05 Chasing animals forbidden, 611.08 Definitions, 611.01 Equipment, 611.04 Leaving snowmobile unattended, 611.07 Littering and obstructions, 611.09 Manner of operation, 611.03 Operation generally, 611.02 Persons under certain age, 611.06 Violations, 611.10 SOLICITORS (See TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES) SPECIAL EVENT REGISTRATION AND PERMIT Enforcement, 505.03 Event registration and permit, 505.02 Purpose, 505.01 Violation, 505.04 STANDING AND PARKING, 610.02 STOPPING, STANDING AND PARKING, 610.02 STORMWATER UTILITY Adjustment of charges, 905.05 Establishment of stormwater drainage utility, 905.02 Establishment of tax lien, 905.08 17 2008S-3 Shorewood - Index STORM WATER UTILITY Cont'd Exemptions, 905.06 Other land uses, 905.04 Payment of charge, 905.07 Purpose, 905.01 Recalculation of charges, 905.09 Stormwater utility rates, 905.03 STREETS AND PUBLIC RIGHT -OF -WAY Abandoned and unusable equipment, 901.24 Administration, 901.05 Appeal, 901.16 Authority of Director, 901.22 Denial of permit, 901.13 Diligence in performing work, 901.09 Emergency work, 901.14 Encroachments, 901.01 Franchise holders, 901.26 House numbering, 901.02 Indemnification and liability, 901.25 Inspection, 901.21 . Location and relocation of facilities, 901.19 Location of facilities and equipment, 901.18 Mapping, 901.17 Other obligations, 901.28 Permit applications, 901.08 Permit limitations, 901.12 Permit required; bond; exceptions, 901.07 Pre - excavation facilities location, 901.20 Registration, 901.06 Repair and restoration, 90 1. 11 Revocation of permits, 901.15 Right -of -way management, 901.04 Right -of -way vacation, 901.23 Standards during construction or installation, 901.10 Supplementary applications, 901.27 Underground utilities, 901.03 Violation, 901.29 18 2008S-3