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1981 Ord ORDINANCE NO. 124 . AN ORDINANCE TO AMEND ORDINANCE NO.7, AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE OF CIGARETTES AND CIGARETTE WRAPPERS The City Council of the City of Shorewood does ordain: Section 1. That Ordinance No.7, Section 5 be amended to read as follows: "Section 5 RESTRICTIONS. A. No license shall be issued except to a person of good moral character. No license shall be issued to an applicant for the sale of cigarettes at any place other than his established place of business. No license shall be issued for the sale of cigarettes at a movable place of business; nor shall any license be issued for the sale of cigarettes at more than one place of business. No person shall sell or give away any cigarette, ciqarette paper or cigarette wrapper to any person below the age of 18 years. No person shall keep for sale, sell, or dispose of any cigarette containing opium, morphine, jimson weed, bella donna, strychinia, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. . B. Any licensee selling cigarettes at retail by means of a vending machine device, shall employ a responsible individual 18 years of age or older, who shall be present at all times in the location where the machine is located when it is open to the public and said responsible person shall at all times be in a position to observe and control each such machine or device and it shall be the duty of the licensee and the responsbile person so employed to prevent any such machine or device from being used by any person under the age of 18 years of age for the purchase of cigarettes." Section 2. That Ordinance No.7, Section 7 PENALTY be amended to read as follows: "Section 7. PENALTY.' Any person who shall violate any provision of this Ordinance shall be guilty of a petty misdemeanor punishable by a fine of up to $100. Any person who shall be guilty of a subsequent violation of any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $500 or by imprisonment not to exceed 90 days. Se'ction 3. This Ordinance shall take effect from and after its passage and publication. PASSED BY THE CITY COUNCIL this 23rd day of February , 1981. John Baird, Mayor -- AT':[',EST: '>- (/~ .~,,{, ,~,~: ',--.~ - . . E Is a 1. .'. ,. ,/' Wiltsey, " , ORDINANCE NO. I d.. S- AN ORDINANCE ADOPTING THE MINNESOTA BUILDING CODE: PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF SHOREWOOD: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE: PROVIDING PENALTIES FOR THE VIOLATION THEREOF: REPEALING ORDINANCE NO. ~OF THE CITY OF SHOREWOOD AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The City of Shorewood, Minnesota does ordain as follows: Section 1. BUILDING CODE. The Minnesota State Building Code, one copy of which is on file in the office of the City of Shorewood has been adopted by Minn. Stat. 16.851 (1977) as a uniform building code applicable throughout the State. Such code is hereby confirmed as the building code of the City of Shorewood and incotporated ih this ordinance as completely as if set out in full. A. The 1980 Edition of the State Building Code adopts by reference the followind codes: (1.) 1979 Edition of the Uniform Building Code, identified as "UBC"; (2.) 1978 Edition of the National Electric Code, identified as "NEC"; (3.) 1978 American National Sta'ndard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, identified as ANSI A17.1- 1978 and Supplement, ANSI A17.1a- 1979. (4.) 1979 Minnesota Plumbing Code, identified as MHO 120 through MHD135. . (5. ) "Flood Proof ing Regulations", June 1972, Off ice of the Chief of Engineers, u.S. Army. (6.) Minnesota Heating, Ventilating, Air Conditioning and- Refrigeration Code, identified as SBC 7101 through SBC 8505. (7.) "Design and Evaluation Criteria for Energy Conservation in New Building, Additions and Remodeled Elements of Buildings and Standards for Certain Existing Public Buildings", identified as 2MCA~ Section 1.16001 through 2MCAR Section 1.16006. ~ . (8.) State of Minnesota Mobile Home Installation Stand~rds 1977, identified as 2MCAR 1.90450 installations and related definitions in 2MCAR 1.90103. (9.) Standards of Performance for Solar Energy Systems and Subsystems Applied to Energy Need of "Buildings, 1977 Edition, identified as 2MCAR 1.16101 through 2MCAR 1.16108. B. In addition to those items listed above, certain Appendices, Standards and Supplemental Materials referenced in the Code are hereby adopted by reference as part of the Building Code of the City of Shorewood and incorporated into this ordinance as completely as if set out in full, including but are not limited to the following: (1.) Technical Requirements for Fallout Shelters, identifed as SBC, Appendix "A". (2.) Variations in Snow Loads, identified as Minnesota State Building Code, Appendix "B". (3.) 1979 Uniform Building Code, Appendix Chapter 35. (4.) Minnesota Plumbing Code, Appendix "B". C. The following-Appendices, Standards and Supplemental Materials are not a mandatory part of the Code but are adopted by reference for the City of Shorewood and are incorporated into this ordinance as completely as if set out in full. (1.) Minnesota State Building Code, Appendix "C". Abbreviations and addresses of Technical Organizations. (2.) 1979 UBC Appendix, Chapters 12, 38, 48, 49, 55 and 70.. (3.) Minnesota Plumbing Code, Appendices C & O. (4.) Flood Proofing Regulations, Section 201.2 through 208.2. (5.) Minnesota State Building Code Appendix "0" Building Security Sections 4101 - 4110. Section 2. ORGANIZATION AND ENFORCEMENT. The City Building Inspector shall enforce the provisions of this ordinance and work hereafter shall be inspected and if found to be in violation of this ordinance shall be corrected. Written notices stating the corrections to be made shall be served upon persons doing the work. If such person fails or refuses to comply with such notice from the City Building Inspector or any other duly employed Building Inspector, the City may remove the work and charge the cost thereof to the person doing the same. The enforcement of the Code shall be conducted within the guidelines established by Chapter 2 of the Uniform Building Code 1979 edition. The administrative authority shall be the State Certified Building Official so designated by the appointing authority and the appointing authority shall be the City Council of the City of Shorewood. -2- e tit . _. B. SURCHARGE. In addition to the permit fee required by Item A above, the applicant shall pay a surcharge in the amount fixed by law. The amount required by law shall be remitted quarterly to the Minnesot Department of Administration. ,Section 4. VIOLATIONS AND PENALTIES. The penalty described in the Uniform Building Code, 1979 Edition, Section 205 as amended shall be in keeping with Minnesota Statutes 609.031 which provides for a maximum fine of $500 or imprisonment for 90 days, or both. Section 5. EFFECTIVE DATE OF ORDINANCE. This Ordinance shall become effective from and after passage and publication~ PASS~D BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this tLf'RIL- , 1981. -h /31-. day of John Baird, MAYOR ATTEST: Elsa I. Wiltsey, CLERK/ADMINISTRATOR e e /.,' . ,;,1 .. j....... " -. ~!:,;: :1' 'Ir,. i.. . . . ',.:~ "'_"':." (om~~. ell ".., . ,.:..;.... .ORDINANCE NO. III Si\:,'AN'ORDINANCE AMENDING Cl,l :,ORDINANCIIl'NO. '" IN TilE CITY ,,j ):;,.' 0.. SHORC'WOOD BEING AN . .. ~. ORDINANCE'FOR THE.PURPOSE ":. ."O~PROMOTING HgALTH, ..~. ,"If SAFETY, ORDER,' ",", :I'.CO~ENIENCE, PROSPERITY ;,..". ANu.GENERAL WELFARE BY K "~J' . EGULATiNO THE USE OF LAND; 1: THE LOCATION AREAlIIZE AND USE AND HEIGHT OF BUILDINGS tON LOTS AND THE DENSITY OP'. I POPULATION IN THE CITY OF" . . ". SHOREWOOD, MINNESOTA. .~The ;CllyjC ouncll of. th e City of, ':1 horewood,ifoelordaln. ' .. . 8ec:Uon I. Ontlnance No. '" 8ec:tlon . ". .a. Eatablllhment of Zonln, DlltrlN '. . and ,Provlllo~ for Official Zonln"1 .,' "jMap,lahereby1amended al folloWI: )" ""'Offl~lal iOn n, map may be and II' :l:;hereby'ameaded by IDcludln, within' c.,.,,, the R-C, Zone'lItoperty delcrlbed 81: , '1" All that: part of Lot a, ;\udltor'l Sub- . , dlvl.lon' Number One Hundred Thlr. \kty-thr.e (133). Hennepin County, Mln- ':.....ne.otal'bounded by a line de.crlbed ,. .~ a. follow.: 'Be,lnnln, at a point. on'~ .';;. the South Une' of Lot a, Auditor'.', ito.Subdlvl.lon\Number One Hqadred; .~,..Thlrty.-three (133) HenneplJt :Ckaty,:, .: MinneSota, dl.tant1an.? f~a.t 0 .- ;'" the Southwest ~rner thereofr""enc:e :' ,,,1 North .t rlfht. angle with the :Iatd . (~'South line 0 Lot a, 595.47 leet.t~ the-, . South rlghtof.way line of the Mlnne." .....poll. .. St;: Loul. R.llroad; thence \, \,.Ea.t .Iong the South line of the right :.; "of w.y of ..Id Railroad 290.00 feet to. ,. ~the Center, line of County' fOad: ...j .,;;. thence Southe8lterly along the center : 1;,IIne otaald County Road 453 feet more ,'. .. 'or Ie..' to Southea.terly line of .ald;,' I".' Lot a, 414.5 fee.t: thence denecUn, to:]; "."the rl,ht 29 degree.. 25 minute. alon, >, the South line of .ald LotS, . dl.tance Z'~of 151.8 feetto place of beginning." . .' Section 2; .Thl. Ordinance .hall be ., effective from and after It. passage "., and publication. ' .(', ADOPTED' by the City Council of ;'jlhe City of Sh~rewoodthl. Ulh day of , . April, 1981. ;i:;,~ ",' :.' .....". JOHN BAIRD ,':. ::y'.;;, Mayor ATTEST:'';''~ ' . ELSA t WILTSEY . \" Clerk( Admln.trator ' l:.~APr~I,,~, 1981):LAKE '.\ ;:~" "1;\, !:~;~('! ;'~',~ '~, . ~r" .. "". (OI;Ic1.i PUbIlCUlo~).. ORDINANCE NO. 1%1 : AN ORDINANCE AMENDll:lG i ORDINANCE NO. 53, AN ORDINANCE REGULATING THE USE OF VEIlICLES AND OF, ~ IlIGIlWA VSWITIlIN ',I'IlE CITY OF.': '.1; SIlOREWOOD INCOltPORATING , PROVISIONS OF STA"EHIGHWA yj " TRAFFIC REGULATION ACT BY ';;; REFERENCE AND IMPOSING A . ?,P.~NALTVFOR VIOLATION. !:Th~;'CIIY ;g:n~i~~fcF i~t dt'( ~ll.j ~"Sho,rewood. Minnesota, ordains: .'1 ( .:: : Secllon'I.. ThaI: Secllon ,.2. ol Or. . . ". dlnsnce No. S3 is hereby amended. 10 (, read as lollows: t( .' "Secllon ~. No parklng'.ln IImiled ." .,; parking zon~s. . '" ,.: .' ". 'Subd. A, The Clly Council may," '~; lrom lime 10 lime, by mollon .or ,. resolullon deslgnale portions 01. the :. ,'. highways and slreels wllhln Ihe 'CII, . . .1ol Shore wood as no parking zones or'" i:: limlled parking lones and shall caule C". !~'such zones to be' marked' by.. ap,',: J proprjale'. signs. Locallon :ol ~uch;-: (iislgns.limltlng parking shallbe'prlma .~ ' ~.Iacle:ollvldenceth.al the Cily..council.,,,,. "has by proper'resolullon or mollon, auihorlzed the eslablishmenl ol luch no parglng or IImiled parking zonel. . The' Council shall make a delermlna.'" \ lion ol such no parking zones. or ". limited parking zones on.lhe balls oL..:. convenience 10 lhe public and l(aWc t' ~hazardl,No,vehlcles shan be parked",~ ".continuousl)'" al '.any,: plaee on;an,,\'t Mlnnesot" .:.publlc street lorll'perlod Olmor~than..;i ,~ "~ 48con,secuUve hours..t,' I .,.:. ..r....I:~l... f , . " Subd~B:AuthorllY 10 declare emer. ' gency. , Whenever.' In the.; opinion ol.',th4l" ".:Mayor an"emerge. ncy. exists in the.~. . Clly or Shore wood or in any secllon or '.secllons thereol becauseol Inow,," lreezlng rain', sleet, Ice, snowdrllts or . other phenomena which creale or are. likely to creale ha~ardous road con. "dlllon.s, Impeding or likely to Impede. , the lree' movement,ol lire, health".. pollee, emergency and olher vehlcu. lar Ira We :lOr the salety and welfare' of the communlly, Ihe Mayor may declare an emergency to exist lor a . "period ol 72 hours and Nollce thereOl~ ' .shall be given by whatever mllans ate 'avallable. such as posllng signs or by . word ol moulh. . . .' ." '. \ Subd. C. Emergency declared: parking prohibited. . '.; ',. " '. Whenever such an emergency Is so > . declared to exist, no vehicles shall be " . parked or lelt standing on any street. ;( Upon the'declarallon 01 a state ol . . emergency, the Mayor may prohibit . durln~ the emergency, the parkin;, standIng or' leaving ol any vehlde ~ upon any or all 01 Ihe above desig. nated snow or other emergency '.slreets, Parking may be resumed on , Individual slreels as soon as plowing '~ .' has been completed on Ihat street lor "the lull widlh and laid street has become passable. ;,1..... . . :', ~':.;"".... :~~ >':.: Subd..D. Removal ol Vehicle....;. )'" .. If any' vehicle Is parked, abln-' :.'doned, or lelt.standlng In violallon ol -; : the terms ollhls Ordinance, the lime . , : may be moved by Ihe Clly, the costs . and expense ol Ihe owner thereol.". . Secllon 2. This Ordinance shall be j ellectlve lrom and alter its p~bllca. !:t1O~ASSED BV THE' COUNCIL, thl., ;: Ulh day 01 AUlusl, "8t.' ., .. ',' .' :. ROBERT RASCOP Acting !d Iyor ~ LAKE MINNETONKA SUN e AFFIDAVIT OF PUBLICATION SOUTH SHORE EDITION 409 2nd Street ExcelsIor, State of Minnesota County of Hennepin D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been thl vice president and general manager or the newspaper know as The Lake Minnetonka Sun.South Shorl Edition and has full kn'owledge of the facts herefn stated as follows: (1) Said newspaper is printed in thl English language in newspaper format and in colum/) and sheet form equivalent in printed space to af least 900 square inches. (2) Said newspaper is weekly and is distributed at leastonce every week. (3) Saic newspaper has 50% of its news columns devoted to news of local Interest to the community which i:' rarts to serve and does not wholly duplicate any other publication and is not made up entirely 0: ~s, plate matter and advertisements. (4) Said newspaper is circulated in and near thl municipalities which it purports to serve, has .at least 500 copies regularly delivered to payinl subscribers, has an average of at least 75% of its total circulation paid or no more than three months h arrears and has entry as second.class matter in its local post-office (5) Said newpaper purports to servI Carver County and the Cities of Excelsior, Deephaven, Shorewood, Greenwood, Woodland and Tonki Bay in Hennepin County and it has its known office of Issue in the City of Excelsior In Hennepin County established and open during its regular business hours for the gathering or news, sales of advertisement: and sale of subscriptions and maintained by the managing orrlcer of said newspaper or persons In itl employ and subject to his direction and control during all such regular business hours and devotee exclusively during such regular business hours to the business of the newspaper and business relateI' thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7: Said newspaper is made available at single or subscription prices to any person, corporation partnership or other unincorporated association requesting the newspaper and making the applicabh payment. (8) Said newspaper has complied with all foregoing conditions lor at least one year precedinl the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of Statl of Minnesota prior to January 1', 1966 and each January 1 thereafter an affidavit in the form prescribec by the Secretary or State and signed by the managing orrlcer of said newspaper and sworn to before s notary public stating that the newspaper is a legal newspaper. . He further states on oath that the printed 0 r din a nee No. 1 2 7 hereto attached as a part hereof was cut rrom the columns of said newspaper, and was printed and published therein in the E;nglish language, once each week, for ...o.D..e-successi\'e weeks; that it was Cirst so published on. W P- d . the q B~p+- day of ,19 A 1 and was thereafter printed and published on every to ,. and Including . the_day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of t~'pe used in the composition and publication oC said notice, to wit: ...""hijklmoo"m'."". J. l: "lfJ1~ '.. ATTEST: ELSA WILTSEV Clerk AdmlnlSlralor (Sept. 9, 1981).LAKE ,.~ '. . , . . 3;) LAKE MINNETONKA SUN AFFIDAVIT OF PUBLICATION ~OUTH SHORE EDITION , 2nd Street Excelsior, Minnesota te of Minnesota Inty of Hennepin K. MORTENSON, being dUly sworn, on oath says he is and during all times here stated has been the Jresident and general manager of the newspaper know as The Lake Minnetonka Sun-South Shore m and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the sh '." n'lage in newspaper format and in column and sheet form equivalent in printed space to at ~OO e inches. (2) Said newspaper is weekly and is distributed at least once every week. (3) Said lap s 50% of its news columns devoted to news of local interest to the community which it rts to serve and does not wholly duplicate any other publication and is not made up entirely of ls, plate matter and advertisements. (4) Said newspaper is circulated in and near the :ipalities which it purports to serve, has at least 500 copies regularly delivered to paying ribers, has an average of at least 75% of its total circulation paid or no more than three months in 'S and has entry as second-class matter in its local Post-office (5) Said newpaper purports to serve r County and the Cities of Excelsior, Deephaven, Shorewood, Greenwood, Woodland and Tonka I Hennepin County and it has its known office of issue in the City of Excelsior in Hennepin County, ished and open during its regular business hours for the gathering of news, sales of advertisements lie of subscriptions and maintained by the managing officer of said newspaper or persons in its y and subject to his direction and control during all such regular business hours and devoted ively during such regular business hours to the business of the newspaper and business related J. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) lewspaper is made available at single or subscription prices to any person, corporation, rship or other unincorporated association requesting the newspaper and making the applicable nt. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding lor dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State ~esota prior to January I, 1966 and each January 1 thereafter an affidavit inthe form prescribed Secretary of State and signed by the managing officer of said newspaper and sworn to before a public stating that the newspaper is a legal newspaper. 'urther states on oath that the printed Ordinance No. 128 atlilrhed as a part hereof was cut from the columns of said newspaper, and was printed blished therein in the English language, once each week, for-O.ll..e..-successive weeks; fas first so published on Wed. the q day of S P P t: ,19 H 1 s .lfter printed and published on every to and including _the_day of , 19 and that the following is a printed copy ~'er case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and ype used in the composition and publication of said notice, to wit: a bcde fgh ij k I m nopq r st U v w xyz / "'--- ./7 ./7 (Offlc"" PUbllcallon) ORDINANCE NO. /28 AN ORDINANCE SEPARATING .THE OFFICE OF CITY CLERK AND CITY TREASURER AND REPEALING ORDINANCE NO. 45, SECTION J OF THE ORDINANCE "PROVIDING FOR THE 'COMBINATION OF THE OFFICES OF VILLAGE CLERK, VIlLAGE " TREASURER AND PROVIDING FOR ANNUAL VILLAGE AUDITS" The City Council of the City of Shorewood, Minnesota ordains: . Section 1. The oCCice of City Clerk/Treasurer is hereby separated to create the offices of City Clerk and ,City Treasurer.>:, . ~~ Section 2. Ordinance No. 45, Section ,I adopted August 9,1965 andel)lllled. ,."OrdlDance Providing for'the Com. blnatlon of the' Offices of VlIIage Clerk and Village Treasurer and Pro- viding for Annual Village Audits" is .,' repealed. ',' ; .. Section 3. This' Ordinance becomes . effective from and after its passage ,;',and publication. PASSED BY THE CfTY COUNCIL this 24th day of August, 1981. ROBERT RASCOP Acting Mayor ATTEST: ELSA I. WILTSEY {;Ierk-Adminlstrator . (Sept. 9, 1981) -LAKE