Loading...
1999 Ord . . . CITY OF SHORE WOOD ORDINANCE NO. 348 AN ORDINANCE AMENDING CHAPTER 201 OF THE SHOREWOOD CODE OF ORDINANCES THE CITY COUNCIL OF THE CITY OF SHORE WOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 201.02 of the Shorewood Code of Ordinances is amended to read as follows: 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. Section 2. Section 201.03 of the Shorewood Code of Ordinances is amended by amending Subdivision 1 thereof to read as follows: Subd. 1. Term of Appointment. The City Council shall by resolution appoint the Planning Commissioners to serve three (3) year terms and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on February 1 and terminate on January 31, or until vacancy is filled. Exception: Those appointments made in January, 1999 shall be effective immediately upon passage of the appointment resolution. Section 3. This Ordinance shall be in full force and effect from and enter its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCI 0 THE CITY OF SHOREWOOD, MINNESOTA, this 11th day of January, 19 . JA ATTEST: . CITY OF SHOREWOOD ORDINANCE NO. 349 AN ORDINANCE AMENDING CHAPTER 202 OF THE SHOREWOOD CODE OF ORDINANCES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 202.02 of the Shorewood Code of Ordinances is amended to read as follows: Subd. 1. Membership in the Commission: Membership shall consist of up to seven (7) residents of the City appointed by the City Council. Terms of all members shall be for three (3) years, and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on February 1 and terminate on January 31, or until vacancy is filled. Exception: Those appointments made in January, 1999 shall be effective immediately upon passage of the appointment resolution. The City Council shall designate one of its members as its liaison to meet with the Park Commission, and it shall direct the Park Commission to designate one member of its body as a liaison person to meet with the Planning Commission, and the Planning Commission shall designate one member of its body as a liaison to meet with the Park Commission. Section 2. This Ordinance shall be in full force and effect from and enter its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCI OF HE CITY OF . SHOREWOOD, MINNESOTA, this 25th day of Ja , 19 . . . CITY OF SHOREWOOD ORDINANCE NO. 350 AMENDMENT TO ORDINANCE NO. 326 WHICH ESTABLISHED A MORATORIUM REGARDING THE DEVELOPMENT OF ELDERLY HOUSING PROJECTS BY CONDITIONAL USE PERMIT AND DIRECTING A STUDY TO BE CONDUCTED THEREON THE CITY OF SHOREWOOD DOES ORDAIN: . Ordinance No. 326 is hereby amended by amending Section 5 thereof to read as follows: Sec. 5. Duration: This ordinance shall remain in effect until June 30, 1999 or until appropriate amendments to the City's official controls and Comprehensive Plan have been adopted and are effective, whichever occurs first. This ordinance shall not apply to applications submitted pursuant to Section 1201.03, Subd. 20 of the City Code after the effective te of Ordinance No. 326. Adopted by the City Council of the City of Shoti . ~ day of F bruary, 1999. A 1,:-lEST: WOODY OVE, MAYOR ; ! . . CITY OF SHOREWOOD ORDINANCE NO. 351 AN AMENDMENT TO SHORE WOOD CODE OF ORDINANCES SECTION 1301 RELATING TO PARK DEDICATION FEES THE CITY OF SHOREWOOD DOES ORDAIN AS FOLLOWS: Section 1: Section 1301 of the Shorewood Code or Ordinances is amended to read: Park Dedication $1,500.00/Unit . enter its passage 1999. ES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD ORDINANCE NO. 1')7 ESTABLISIDNG A LAND CONSERVATION AND ENVIRONMENT COMMITTEE THE CITY OF SHOREWOOD DOES ORDAIN: Section 1. Chapter 205 of the Shorewood Code of Ordinances is hereby repealed and replaced with the following: Subd. 1 Establishment: The Land Conservation and Environment Committee is hereby established. The Land Conservation and Environment Committee is referred to herein as "the Committee." Subd.2 The goals of the Committee shall be to: a. Carry out a process that will permanently protect, and lead to an increase in the amount of protected natural open space in Shorewood; b. Serve as an education resource to the City Council and Commissions, and property owners regarding land protection options, the benefits of an on-going land conservation effort and on environmental issues; and . Subd.3 The Committee shall have duties in the following areas: a. Land Conservation: Make recommendations to the City Council and work with City staff in carrying out the conservation open space planning process and implementation of the plan as recommended in the Land Conservation Committee report of December, 1998. Conservation open space is defined as follows: Land that is largely free of man-made structures, where ground cover is such that rain may enter the soil to replenish ground water, where use of the land promotes air and water quality, scenic beauty, wildlife habitat and/or natural communities. Implementation includes citizen education efforts and promotion of the use of the various land conservation tools. The Committee will advise the City Council on acquisition of conservation open space and management of passive open space lands. The Committee will develop a stewardship plan for each open space parcel acquired by the City. Management includes any minimal development (i.e. trails, restoring natural communities, and controlling disease and invasive species on City-owned open space). . b. Coordinate Environmental Education: Act as a resource for the City of Shorewood and Shorewood citizens on environmental issues such as: ; ",' .t Ordinance No. 352 . Subd.4 . Subd.5 Subd.6 Subd. 7 . (1) Restoration of natural communities; (2) Stormwater runoff; (3) Water quality of lakes, streams and wetlands; (4) Control oflawn fertilizers, and pesticides; (5) Tree disease such as oak wilt; (6) Control of buckthorn and exotic species; (7) Increase in the coverage of natural plants, prairie gardens; (8) Landscaping with native species; (9) Pest control; (10) Tree preservation; (11 ) Waste reduction, recycling, composting, and litter; and (12) Maintain an environmental library and be a resource for environmental science education for young people and adults. Membership of the Committee: Membership shall consist of five (5) residents of the city appointed by the City Council; a representative of the Planning Commission, appointed by the Planning Commission; a representative of the Park Commission, appointed by the Park Commission. In making appointments, the City Council shall consider geographic disbursement of Committee members. Terms: Terms of appointment commence on February 1 and terminate on January 31 or until vacancy is filled. The initial resident appointments shall be made as follows: one (1) to serve until January 31, 2000; two (2) to serve until January 31,2001; and two (2) to serve until January 31,2002. Park and Planning Commission appointees shall be made annually in January or as soon thereafter as possible by the Commissions. Removals: The City Council shall have the power to remove any member of the Committee for cause as defined in the Shorewood Personnel Policy and after a public hearing with two (2) weeks published notice, by a majority of the entire City Council. .~ ( Organization: At the first regular meeting of the year, the Committee shall appoint a chairperson from among its voting members. This appointment shall be subject to Council approval and shall consist of a one (1) year term. The position of Chair shall rotate among members, with no Committee member serving in that capacity for more than two (2) consecutive terms. The Committee shall also elect a vice-chair from among its appointed members for a term of one (1) year. The Committee may create and fill such other offices from its members as it may determine needed to transact Committee business. , ... . . . . Ordinance No. 352 Subd.8 Regular Meetings: The Committee shall meet as needed, but not less than once each quarter at a time which the Committee shall fix by resolution. Subd.9 Special Meetings: Special meetings may be called by the Chairperson or by any two (2) members of the Committee by a written notice filed with the Administrator who then shall notify all members of the Committee of the time and date of the special meeting, at least three (3) days before the meeting date. Subd.l0 Quorum: A majority of the appointed Committee members shall constitute a quorum. Subd.ll Bylaws, Records: The Committee shall adopt bylaws for its governance and for the transaction of its business. The bylaws will be reviewed on an annual basis at the first regular meeting in February. A recording secretary shall keep a record of attendance at Committee meetings, a record of resolutions, and votes and abstentions on each question requiring a vote. The record of the Committee shall be a public record. Subd. 12 Work Plan: In June of each year, the Committee will submit a report on the current calendar year activities and a recommended work plan for the next 18 months to the City Council for review and direction. In conjunction with that submittal, a budget request will be submitted to the City Administrator for the next fiscal year. Subd. 13 Sunset: The Committee shall cease to exist on June 30, 2002 unless, upon review during the previous six month period, the City Council by resolution extends its life for an additional period of time. Section 2. This Ordinance shall be in full force and effect from and enter its passage and publication. ATTEST: PASSED AND ADOPTED BY THE CITY COUNCIL 0 SHOREWOOD, MINNESOTA, this 14th day of June, WOODY LOVE, MAYOR ?;. ~~~ THERESA L. NAAB, DEPUTY CLERK . . . J' CITY OF SHOREWOOD ORDINANCE NO. 353 AMENDMENTS TO SECTION 601 ALARM SYSTEMS AND TO CHAPTER 1300 RELATING TO FIRE ALARM PERMITS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 601 of the Shorewood Code of Ordinances is hereby amended as follows: 601.02: DEFINITIONS: As used herein, unless otherwise indicated, the following terms are defined as follows: Subd. 1. ALARM SYSTEM: An assembly of equipment and devices (or a single device such as a solid state unit) arranged to signal the presence of a hazard. For the purposes of this Chapter, the alarm, when triggered, must be directly connected to a central monitoring agency which then notifies the Police and/or Fire Departments of an emergency to which public safety personnel must respond, or may emit an audible signal which will require urgent attention and to which public safety personnel are expected to respond. Subd. 2. ALARM USER: The person, firm, partnership, association, corporation, company or organization of any kind on whose premises an alarm system is maintained. "Alarm user" shall include persons occupying dwelling units for residential purposes, but shall not include persons maintaining alarm systems in automobiles. Subd. 3. FALSE ALARMS: The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his employees or agents. It does not include activation of the alarm by utility company power outages (except as set forth below) or by climatic conditions such as tornadoes, lightning, earthquakes, other violent conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner. Effective August 1, 1987, false alarms resulting from power outages shall be treated as other false alarms and counted as false alarms for permit purposes. " Subd. 4. PERSON: Any individual, partnership, corporation, association, cooperative or other entity. Subd. 5. CHIEF: The head of the appropriate Public Safety Department. 601.03: PERMITS AND EXEMPTIONS: . . . .' Ordinance No. 353 Page 2 Subd. 1. Permit Required: Every alarm user who, during the course of a twelve (12) month period, incurs more than two (2) false police alarms or more than one false fire alarm shall be required to obtain an alarm user's permit. Subd. 2. Review of Permit: The Chief shall review the issuance of all alarm permits. Subd. 3. Process for Issuance of Permit: Upon receipt and determination of the third false police alarm report, or the second false fire alarm report at an address within a twelve (12) month period, the Chief, after review, shall notify the City Clerk who shall then assess the alarm user for an alarm user's permit. The assessment invoice shall be sent by certified mail or delivered and accepted personally. The alarm user must submit the required permit fee to the City Clerk within ten (10) working days after receipt of the assessment invoice in order to continue to use his/her alarm system. Any subsequent false police or fire alarms at that address within a period of twelve (12) months from the date of issuance of the permit shall automatically revoke the permit and the process must then be repeated and a new permit obtained; except that after six (6) months or more have elapsed since the issuance of the permit, a single false police alarm shall not revoke the permit. Subd. 4. Duration of Permit: All permits, unless otherwise revoked, will expire twelve (12) months from date of issue. Subd. 5. Exemptions: The provisions of this Chapter are not applicable to audible alarms affixed to automobiles. 601.04: FALSE ALARMS, REPORTS REQUIRED: Subd. 1. False Alarm Reports: The Chief may, at hislher discretion, require a false alarm report to be filed by the alarm user with the Public Safety Department, within a time period to be specified by the Chief. If the Chief determines that a false alarm has occurred at an address, the alarm user at that address may submit a written report to the Chief to explain the cause of the alarm activation. If the Chief determines that the alarm was caused by conditions beyond the control of the alarm user, the alarm will not be counted as a false alarm at that address. Subd. 2. False Alarms Excused: False alarms will be excused if they are the result of an effort or order to upgrade, install, test, or maintain an alarm system and if the Public Safety Department is given notice in advance of said upgrade, installation, test and maintenance. 601.07: SUSPENSION OR REVOCATION OF PERMIT: Subd. 1. Basis for Revocation or Suspension: In addition to the automatic revocation process described in Section 601.03 of this Chapter, the Public Safety Department may suspend or revoke any alarm user's permit issued pursuant to this Chapter if the Public Safety Department finds that any of the following occur: a. That any provision or condition of this Chapter has been violated by an alarm user or his agents; . . . .- Ordinance No. Page 3 353 b. That an alarm system has actuated an excessive number of police false alarms or in excess of four in a twelve (12) month period of fire false alarms; c. That the alarm user has knowingly made false statements in or regarding his application for an alarm user's permit. d. That the alarm user has failed to correct or remove, within a reasonable period, violations of this Chapter after receipt of notice to do so; e. That the continued effectiveness of the alarm user permit constitutes a substantial threat to the public peace, health, safety or welfare. Subd. 2. Investigation: All alleged violations defined above shall be investigated by the Public Safety Department. The alarm user shall be given notice of the proposed revocation or suspension and be provided an opportunity to informally present evidence to the Chief prior to the final decision on revocation or suspension. Anyone aggrieved by the decision of the Chief may appeal that decision to the City Council. Section 2: Section 1301 of the Shorewood Code or Ordinances is amended to read: Fire Alarm Permits $200.00 2nd false alarm and thereafter Section 3. This Ordinance shall be in full force and effect from and enter its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 14th day of June, 1999. ~ /1/( Cu., ~~ A TTEST: WOODY LOVE, MAYOR ~C?fi1aa/ THERESA L. NAAB, DEPUTY CLERK " . CITY OF SHOREWOOD ORDINANCE NO. 354 AMENDMENT TO ORDINANCE NO. 350 WmCH EXTENDED A MORATORIUM REGARDING THE DEVELOPMENT OF ELDERLY HOUSING PROJECTS BY CONDITIONAL USE PERMIT AND DIRECTING A STUDY TO BE CONDUCTED THEREON THE CITY OF SHOREWOOD DOES ORDAIN: Ordinance No. 350 is hereby amended by amending Section 5 thereof to read as follows: Sec. 5. Duration: This ordinance shall remain in effect until September 30, 1999 or until appropriate amendments to the City's official controls and Comprehensive Plan have been adopted and are effective, whichever Occurs first. This ordinance shall not apply to applications submitted pursuant to Section 1201.03, Subd. 20 of the City Code after the effective date of Ordinance No. 326. Adopted by the City Council of the City of ShOn/~d ~. /j . [ A TTEST: WOODY L VE, MAYOR ~ THERESA L. NAAB, mlPuIT CLERK " . . . . ,,"1 , I . \... . CITY OF SHOREWOOD ORDINANCE NO. ~ AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS FOR THE L-R, LAKESHORE RECREA TIONAL DISTRICT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1201.24 of the Shorewood Code of Ordinances is hereby repealed and replaced with the following: 1201.24: L-R LAKESHORE RECREATIONAL DISTRICT: Subd. 1. Purpose: This District is intended to recognize the desirability for areas to serve the lakeshore recreational needs of the City which of their very nature are by geographic necessity located in proximity and adjacent to residential areas of this community. Lake Minnetonka is the largest single park and recreational facility available for use by the citizens of this City and the providing of an opportunity for access to that facility is, in the opinion of the City, an adjunct of zoning by the City. Recognizing the primary residential nature of Shorewood, it behooves the City to subject such possible areas available for access to the lake to close scrutiny and limitation so as to insure that use of such land does not unduly infringe upon property rights and public health, safety and welfare of others residing on nearby residential sites. Subd. 2. Permitted Uses: The following are permitted uses in the L-R District as regulated herein with special limitation requirements and conditions attached as provided in subdivision 8. below: a. Water-Harboring of Boats: At docks attached to land including limited related service facilities as hereinafter authorized, subject to an annual operating license which shall be issued only in accordance with the following standards and limitations. (Ord. 180,5-19-86) Subd. 3. Permitted Accessory Uses: The following are permitted accessory uses in a L-R District: a. Off-street parking as regulated by Section 1201.03 subdivision 5 of this Ordinance, and by Section 1201.24 subdivision 8.h. of this Section. b. One clubhouse building, not exceeding two thousand (2000) square feet of floor area on the first floor level. This building may be used for sale of limited items used in conjunction with boating, including fishing bait and tackle, light accessory marine- line equipment, soft drinks, prepackaged foods, shower and meeting rooms. c. One storage building, not exceeding one thousand two hundred (1200) square feet of floor area. . . . . '" '-.. d. Gasoline dispensing equipment (boat only) subject to design standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the local fire marshal, the Pollution Control Agency, Department of Natural Resources, and other applicable agencies, and if authorized by the City Council. Sale of gasoline is limited to those individuals renting or leasing dock slips, or launching boats from the subject site, or, in the case of a yacht club, to members of said yacht club. e. Boat rental, in compliance with LMCD regulations and as authorized by the City Council. Subd. 4. Conditional Uses: The following are conditional uses in a L-R District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 1201.04 of this Code.) a. One (1) single-family dwelling used as a caretaker residence, provided that: (1) The dwelling shall comply with the requirements of Chapter 1004 (Rental Housing) of this Code. (2) The provisions of Section 1201.04, subdivision 1d(1) of this Code are considered and satisfactorily met. b. Open and outdoor, dry land storage of boats and boat trailers as an accessory use, provided that: (1) The area is fenced and screened from view of neighboring residential uses or if abutting an R District. (2) Storage is screened from view from the public street right-of-way. (3) Storage is landscaped to provide a buffer from all other public rights-of- way. (4) Storage area is grassed or surfaced with pavement or class V, or the equivalent, to control dust. (5) Landscaping is provided in compliance with Section 1201.03, subdivision 2g of this Code. (6) Lighting shall comply with Subd. 8.k. of this Section. (7) Except for winter storage of boats, storage area does not take up parking space as required for conformity to this Ordinance. (8) The provisions of Section 1201.04, subdivision 1d(1) of this Code are considered and satisfactorily met. . . . Subd. 5. Lot Requirements and Setbacks: The following minimum requirements shall be observed in a L-R District subject to additional requirements, exceptions and modifications set forth in this Ordinance: a. Lot area b. Lot width c. Lot depth Not less than 60,000 square feet Not less than 200 feet Not less than 150 feet d. Setbacks: (1) Front yard (2) Rear yard Not less than 35 feet Not less than 50 feet (from the ordinary high water mark) (3) Side yard (a) From residential (b) From nonresidential (4) From public right-of-way other than street Not less than 50 feet Not less than 15 feet Not less than 10 feet Subd. 6. Building Requirements: a. Height: The clubhouse structure shall not exceed two and one-half (2 1/2) stories or thirty five feet (35'), whichever is less. Other accessory structures shall not exceed one (1) story or fifteen feet (15'), whichever is less. Subd. 7. Application Information Requirements: The following information is to be submitted to the City for consideration of rezoning to L-R, Lakeshore Recreational District: a. The landowner's name, address and interest in the subject property. b. The applicant's name and address if different from the landowner. c. The names and addresses of all professional consultants who have contributed to the preparation of the application being submitted, including attorney, land planner, engineer and surveyor. d. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed rezoning, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report,. and such other evidence as the City Attorney may require to show the status of title or control of the subject property. e. Legal description of property upon which proposal is to be located. f. Written description of proposed operation and use. . g. Site plan similar in detail to a preliminary plat drawn to a scale of one inch to twenty feet (1" = 20'), and which site plan shall disclose the following: (1) Dimensions of the site. (2) Location and dimensions of all present and proposed buildings. (3) Location and dimensions of land recreation facilities. (4) Road entrances and exits. (5) Access roads and their design/construction standards. (6) Location of parking and traffic flow. (7) Location and design of screening. (8) Location and design of lighting. (9) Detailed landscape design and planting plan specifications. (10) Drainage. (11) Location and dimensions of authorized related services. . (12) Signs. (13) Lakeshore footage. (14) Location, shape, design and dimension of docks, in compliance with LMCD approvals. Each dock shall be numbered and there shall be indicated whether one or more than one boat shall be harbored within the designated dock. (15) Location and description of boat dock canopies. (16) Flow of boat traffic. (17) Location of any proposed boat ramp. (18) Zoning of property within five hundred feet (500') of the site. (19) Location and design of trash collection facilities and access to same by trash collectors. (20) Interior design and use of the building shown on the plan. . (21) Other items peculiar to the facility. . . . h. A written statement describing how the property is to be designed, arranged and operated in order to be compatible with adjacent residential properties, including but not limited to: (1) General compatibility and impact upon surrounding living environment. (2) Air and water quality. (3) Wetlands. (4) Noise. (5) Traffic. (6) Boat harboring and lake use. i. A description of use for which all buildings on the property will be used. j. Copies of approvals received from State, regional and other agencies who have or claim jurisdiction over the proposed use, or names of agencies to whom applicants propose to request and obtain approval for operation as proposed. Subd. 8. Special and Specific Standards and Conditions: The following are special and specific design standards and conditions of limitations applicable to water-harboring of boats. a. Site shall be located on a lake which has at least two (2) public accesses of at least fifty feet (50') in width located within the Shorewood City limits. No site shall be located closer than five thousand feet (5,000') as measured along the lake shoreline to any existing authorized multiple use water harboring boat facility. b. All applicable State building and operational standards are complied with. c. The minimum number of slips to be authorized shall be ten (10); the maximum number of slips shall be consistent with the number of slips licensed by the Lake Minnetonka Conservation District, pursuant to the LMCD Code of Ordinances. d. Minimum lakeshore footage required shall be two hundred fifty feet (250'). e. Boat launching ramps shall be permitted only where and when specifically authorized by the Council who, when determining authorization, shall take' into consideration: (1) Traffic congestion. (2) Safety. . (3) Proximity to homes in the area. (4) Excess parking available. f. Location and Construction of Docks: (1) Dock structures shall be constructed in accordance with the following setbacks from the side lot lines extended into the lake: For that portion of the length of the dock which extends from the shore The setback shall be: Zero to 50 feet 10 feet 50 to 100 feet 15 feet 100 to 200 feet 20 feet (2) Dock structures shall extend into the water no more than two hundred feet (200') as measured from the point the dock touches the shoreline. . (3) Dock structures shall be constructed and maintained using the Minnesota State Building Code as a standard. A minimum live load of forty (40) pounds per square foot, and a maximum deflection of 1/180 of span shall be required. (4) Dock structures shall comply with the requirements of the Lake Minnetonka Conservation District (LMCD) Code of Ordinances, as may be amended. g. Restriction on Use of Land: (1) Subject to approval by the City Council, dry land storage of boats and boat trailers shall be confined to designated areas of the site in conformance with subdivision 4. of this Section. (2) No outdoor storage of other items shall be permitted. (3) No outdoor public address system or outdoor music shall be permitted to be used in conjunction with the facility. (4) No license for dispensing of intoxicating liquor or non-intoxicating malt liquor shall be issued for the property. . (5) No food shall be served from the property except that prepackaged foods and those foods dispensed from a vending machine shall be allowed. In the case of a private club, food may be served or catered in for club members, and . . . guests accompanied by members, but in no case shall meals be offered for sale to the general public. h. Parking, Roads and Driveways: (1) One motor vehicle parking stall, computed at the minimum size of three hundred (300) square feet, shall be provided for each authorized boat slip. (2) No parking shall be permitted within fifty feet (50') of the ordinary high water mark. (3) Access to site shall be from public arterial or collector streets as defined by the Comprehensive Plan or from a street approved by the City Council and shall be free and clear to a minimum width of twenty two feet (22') of driving surface. (4) All access roads and driveways shall be surfaced with a permanently dust-free surface; the proposed facilities, including roads, driveways and parking areas shall provide for drainage of surface water runoff in accordance with the storm drainage plan adopted by the City Council. No direct drainage to the lake shall be permitted. Access roads and driveways shall be paved for a distance of at least forty feet (40') measured from the edge of the street pavement. . (5) No parking area shall be permitted within any required side yard. No parking shall be permitted on public road rights-of-way or public access driveways. i. Screening: Where a use abuts an R-1A through R-2C District, buffer fences and/or planting screens shall be installed by the permit recipient according to provisions of Section 1201.03, subdivision 2.g. of this Ordinance. j. Signage. The total number of signs allowed on the site shall be two (2), one facing the street and one facing the lake. Signs shall be non-illuminated, shall not exceed twenty (20) square feet in area each, nor more than eight feet (8') above grade. No sign may be erected without the approval of the City Council. k. Illumination: Any lighting used to illuminate an off-street parking area, other area, or structure, shall be arranged so as to deflect light away from any adjoining residential use, the lake, and from the public streets. Direct or sky- reflected glare from floodlights shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. No light or combination of lights which cast light on residential property, the lake, or the public right-of-way shall exceed four-tenths (.4) foot- candles (meter reading) as measured from the property line and 250 feet from the shoreline. . . . . 1. Noise: Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC, as may be amended. m. Drainage: No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading and drainage plans shall be reviewed and subject to the approval of the City Engineer. n. Prior to construction, approval of all necessary applications and permits as stipulated by law from the Lake Minnetonka Conservation District, Minnehaha Creek Watershed District, and appropriate State agencies shall be demonstrated and filed with the City. Subd. 9. Application Evaluation: a. Upon receipt of an application containing all of the information enumerated in subdivision 7.hereof, the City Council shall review the same. b. If, in making the review, the Council finds: . (1) That the public health, safety and welfare or public rights might be adversely affected by the rezoning or issuance of a license, the Council shall refer the application to the Planning Commission for a study of the consequences of the proposal upon: (a) The natural environment. (b) Public health, safety and welfare. (c) The possible infringement on the public rights to use the public water. (d) Any unreasonable infringement or restrictions on the use of existing adjacent residential areas. c. If such a study is ordered, the same shall be carried out by a person or persons competent in the knowledge of environmental protection and urban planning. The person or persons chosen to conduct the study must be approved by the Council prior to the commencement of the study. d. The applicant shall, prior to the commencement of the study, deposit with the City Clerk that sum of money the Council deems necessary to pay for the cost of such a study. e. The completed study shall be filed with the Zoning Administrator before the application is forwarded to the Planning Commission for consideration. . f. The environmental study shall be waived by the City Council in the event such a study is ordered by the Minnesota State Environmental Quality Board. . . . . . . g. The Planning Commission, in making its recommendation to the City Council, and the City Council, in making its decision on the request for the rezoning, shall take into consideration: (1) The environmental study report, and (2) The effect the proposed development may have upon the public health, safety, welfare or public right to use the public water. Subd. 10. Licensing of Facilities Authorized Hereunder: a. Upon granting of a rezoning pursuant to this Ordinance, the applicant shall be required, prior to operation, to obtain a license to be issued annually by the City Council. (1) An application for a license must be submitted to the Zo.ning Administrator and accompanied by payment of the required license fee. Licenses shall expire on December 31 in each year. Each license will be issued for a period of one year. (2) The license shall authorize the applicant to operate the facility in accordance with the terms of any conditional use permit, together with any additional requirements determined by the Council. (3) Renewal of the license shall be granted only provided the operation is in conformance with the terms of the conditional use permit. 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 ten percent 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 of Shorewood 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 exception of power boats necessary for the operation of the facility, water harboring of boats on any site located in Gideon's Bay shall be limited to sailing boats only. . . . .,. '.. ~ . . . 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 such violation in writing by the Zoning Administrator. (2) The licensee shall be notified it has twenty (20) days to correct the violation. (3) If the violation is not corrected within said 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 Ordinance. Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 13th day of September, 1999. Woody Love, Mayor ATTEST: Jam s C. Hurm, City Administrator/Clerk . . . . .. CITY OF SHOREWOOD ORDINANCE NO. 356 AN ORDINANCE TITLED "SALE OF TOBACCO" AND AN AMENDMENT TO CHAPTER 1301.02 - ESTABLISHING FEE FOR TOBACCO RETAILER LICENSE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Chapter 302 of the Shorewood Code of Ordinances is hereby repealed and replaced with the following: 302.01: PURPOSE: Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of both State and Federal laws; and because studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the said possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. S 144.391. 302.02: DEFINITIONS AND INTERPRETATIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. 1. Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco: cheroots: stogies; perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. . Ordinance No. 356 Adopted September 13, 1999 Subd. 2. Tobacco Related Devices. Tobacco related devices shall mean any tobacco product as well as a pipe, rolling paper, or other device intentionally designed or intended to be used in a manner which enables the chewing, stuffing, or smoking of tobacco or tobacco products. Subd. 3. Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee-or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. . Subd. 4. Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. Subd. 5. Individually Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. Subd.7. Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. . Subd. 8. Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall . Ordinance No. 356 Adopted September 13, 1999 include, but not be limited to, grocery stores, convenience stores, and restaurants. Subd. 9. Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. . Subd. II. Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products and tobacco related devices. 302.03: LICENSE: No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the City. Subd. 1. Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. . . . . .. , Ordinance No. 356 Adopted September 13, 1999 302.04: Subd. 2. Action. The City may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City shall approve the license, the City Clerk shall issue the license to the applicant. If the City denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd. 3. Term. All licenses issued under this ordinance shall expire on the last day of October of each year. Subd. 4. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance Subd 5. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 6. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. FEES: No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license shall be as provided in Section 1301.02 of this Code. . Ordinance No. 356 Adopted September 13, 1999 302.05: BASIS FOR DENIAL OF LICENSE: The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a Federal, ~tate or local law , ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve (12) months of the date of the application. . D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State or other local law, ordinance or other regulation, from holding such a license. 302.06: PROIDBITED SALES: It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be provided in this ordinance. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. D. By means of loosies as defined in this chapter. . . . . .r Ordinance No. 356 Adopted September 13, 1999 E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. F. By any other means, to any other person, on in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. 302.07: VENDING MACHINES: It shall be unlawful for any person licensed under this ordinilnce to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine unless an employee of the licensed establishment at all times is required to activate the machine for each sale. 302.08: SELF-SERVICE SALES: It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco treated devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within 5 days. 302.09: RESPONSIBILITY: All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this section, State or Federal law or other applicable law or regulation. 302.10: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the police department or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance . . . , I . Ordinance No. 356 Adopted September 13, 1999 checks shall be supervised by designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law . 302.11: OTHER ILLEGAL ACTS: Unless otherwise provided, the following acts shall be a violation of this ordinance: Subd. 1. me gal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. Subd. 2. megal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. megal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. Subd. 4. megal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person so coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. . Ordinance No. 356 Adopted September 13, 1999 Subd. 5. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 6. Illegal Sales. It shall be a violation of this ordinance A. For anyone under the age of 18 to sell tobacco, tobacco products, or tobacco-related devices. B. For a licensee to cause or permit anyone under the age of 18 to sell tobacco, tobacco products, or tobacco-related devices. 302.12: VIOLATIONS: . Subd. 1. Notice. Upon discovery of a suspected violations the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. Hearings. If a person accused of violating this section so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Subd.3. Hearing Officer. An Administrative Law Judge from the State Office of Hearing Examiners shall serve as the hearing officer. Subd. 4. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 302.13 of this chapter, shall be recorded in writings a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. . Subd.5. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the City in which the alleged violation occurred. . . . " , Ordinance No. 356 Adopted September 13, 1999 Subd. 6. Misdemeanor Prosecution. Nothing in this ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this chapter. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. Subd. 7. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 302.13. PENAL TIES: Subd. 1. Licensees. _Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Section 1301.02 of this Code. In addition, after the third offense, the license shall be suspended for not less than seven days. Subd. 2. Other Individuals. Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative fee as provided in Section 1301.02 of this Code. Subd. 3 Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be subject to enrollment and evidence of successful completion of a tobacco education course provided by Independent School District (Minnetonka) 276 or Independent School District 277 (Westonka) for the first offense and subject to a fine of $100.00 for each offense subsequent. Subd. 4. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. 302.14. EXCEPTIONS AND DEFENSES: Nothing in this chapter shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. 302.15 : SEVERABILITY AND SAVINGS CLAUSE: If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or . . . .. " .. " Ordinance No. 356 Adopted September 13, 1999 unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. Section 2. Chapter 1301.02 is hereby amended to add the following: Tobacco Retailer License $250.00/premise Administrati ve Fines: Licensees in Violation $75.00/first offense 200.GO/second offense in 24 month period 250.00/thereafter within 24 month period 50.00 per offense Other Individuals in Violation Section 3. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 13th day of September, 1999. WOODY LOVE, MAYOR JA S C. HURM;-CITY ADMINISTRATOR . . . CITY OF SHOREWOOD ORDINANCE NO. 357 AMENDMENT TO ORDINANCE NO. 350 WmCH EXTENDED A MORATORIUM REGARDING THE DEVELOPMENT OF ELDERLY HOUSING PROJECTS BY CONDITIONAL USE PERMIT AND DIRECTING A STUDY TO BE CONDUCTED THEREON THE CITY OF SHOREWOOD DOES ORDAIN: Ordinance No. 350 is hereby amended by amending Section 5 thereof to read as follows: Sec. 5. Duration: This ordinance shall remain in effect until December 31, 1999 or until appropriate amendments to the City's official controls and Comprehensive Plan have been adopted and are effective, whichever occurs first. This ordinance shall not apply to applications submitted pursuant to Section 1201.03, Subd. 20 of the City Code after the effective date of Ordinance No. 326. Adopted by the City Council of the City of Shorewood this 11 th day of October, 1999. . CITY OF SHOREWOOD ORDINANCE NO. 358 AN AMENDMENT TO SHOREWOOD CODE OF ORDINANCES SECTION 802 - SNOWMOBILES THE CITY OF SHOREWOOD DOES ORDAIN AS FOLLOWS: Section 1: Section 802, Subdivision 2 of the City of Shorewood is hereby repealed and the following added in its place: 802.02: OPERA TION GENERALLY: Subd.1. WHERE OPERATION PERMITTED: A person may operate a snowmobile within the corporate limits of the City of Shorewood in only the following locations: a. Public waters as permitted by resolution of the LMCD or Shorewood City Council, but not closer than one hundred fifty feet (150') to the shoreline except when entering or exiting the public waters traveling in a line perpendicular to the shoreline. b. On private property with the express permission of the property owner. . c. On Right-of-Way subject to the limitations set forth in this section. . d. Such other locations and times as designated by resolution of the City Council for supervised training. e. A person operating a snowmobile in any part of the City of Shorewood except as provided herein shall be guilty of a misdemeanor. Subd. 2. No person shall operate a snowmobile upon the roadway of any street or highway except for the purpose of direct travel from the person's home to the closest destination where snowmobiling is permitted by the shortest possible route and then only if travel on the adjacent street or highway right-of-way is restricted because of developed yards or physical barriers. Subd.3. Persons may operate a snowmobile on the street side of the plow ridge and avoid obstacles by going into the street, not onto the boulevard. While traveling on streets, snowmobiles shall drive in the direction of traffic. Subd.4. No person shall operate a snowmobile on the LRT trail or within the LRT right-of- way. Subd.5. A snowmobile may make a direct crossing of a street or highway provided: . . . . a. The crossing is made at an angle of approximately ninety degrees (900) to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. c. The operator of the snowmobile must yield the right-of-way to all oncoming traffic. d. In crossing a divided street or highway, the crossing is made at an intersection of such street or highway with another public street or highway. e. The crossing is made with both front and rear lights are illuminated. Subd. 6. Speed Restrictions: Where no special hazard exists, the following speeds shall be lawful, and any speeds in excess shall be deemed unlawful. a. Ten (10) miles per hour on public property within the City; b. Ten (10) miles per hour when operated on any public waters within the City closer than one hundred fifty feet (150') to the shoreline; Subd.7. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians. Subd. 8. Notwithstanding any prohibition in this Chapter, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when snow upon such thoroughfare renders travel by automobile impractical. Subd.9. An operator shall bring the snowmobile to a stop and switch off the engine when flagged by a police officer or duly authorized uniformed snow patrol member. Section 2: Section 802, Subdivision 3 of the City of Shorewood is hereby repealed and the following added in its place: 802.03: MANNER OF OPERATION: Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City in the following manner: Subd. 1. At any place while under the influence of intoxicating liquor or narcotics or habit forming drugs. ; i . . . Subd. 2. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Racing is prohibited except as may be specifically authorized as part of an organized event, which authorization shall be by permit issued by the City Council. Maximum speed limits shall be set from time to time by Council resolution. Subd.3. At any place in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. Subd. 4. So as to tow any person or thing except through use of a rigid tow bar attached to the rear of the snowmobile. Subd. 5. When the noise level of the snowmobile exceeds seventy-eight (78) decibels on the A Scale at a distance of fifty feet (50') from the snowmobile. Subd. 6. At anytime within the City between the hours of eleven o'clock (11 :00) P.M. and seven o'clock (7:00) A.M. on Friday and Saturday, and between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. on Sunday through Thursday. Subd.7. At any time between the first of April and the thirtieth of November. Subd. 8. Abreast of another snowmobile except when overtaking and passing another snowmobile. No passing shall be allowed if a pedestrian is within thirty feet (30') of the snowmobile. Subd. 9. On the LRT Trail. Section 3: This Ordinance shall be in full force and effect from and enter its passage and publication. 1999. ADOPTED by the City Council of the Cit ATTEST: . ORDINANCE NO. 359 AN ORDINANCE AMENDING SECTION 1301.02 OF THE CITY CODE, SANITARY SEWER SERVICE AND WATER SERVICE CHARGES Section 1. Section 1301.02, Schedule A of the Shorewood City Code is amended as follows: TVDe of Char2es/Fee City Code Reference Char2e/Fee Sanitary Sewer Service 904. 15.la $60.001 qtr/residential $40.001 qtr/residential low income $30.001 qtr/residential Seasonal ., ater Service 903.09.1a $71.90/qtr, plus $2.55 ea. 1,000 gallons in excess of 28,500 gallons per qtrl Commercial 23.25/qtr 1st 10,000 gallons, plus $1.50 11,000 gallons in excess of 10,000 gallons up to 50,000 gallons, and $1.75 per 1,000 gallons in excess of 50,000 gallons per quarter Section 2. This ordinance shall be in full force and effect on January 1,2000 upon its passage and publication. ADOPTED BY THE CITY COUNCIL of the City ofShor December, 1999. .