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1989 Ord . ORDINANCE NO. 213 AN ORDINANCE AMENDING CHAPTER 701 OF THE SHOREWOOD CITY CODE REGULATING THE KEEPING OF DOGS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 701.01, Subd. 4 is hereby amended to read as follows: "Subd. 4. RESTRAINT: A dog is under restraint if it is on the premises of the person harboring or keeping the dog, or if the dog is wi th the person having custody of it and is effectively restrained by a leash or chain or is within ten (10) feet of the person having custody of it and is obedient to the command of that person." Section 2. City Code Section 701.02 is hereby amended to read as follows: . "701.02: ENFORCEMENT: Enforcement Officer and whose duties shall be entered shall provide, the keeping and disposal The council shall appoint an Animal may enter into a contract with a person to enforce this Chapter. Any contract so as the Council deems fit, certain fees for of animals herein governed." Section 3. City Code Section 701.03, Subd. 1 is hereby amended to read as follows: "Subd. 1. Registration and License Required: Every person who owns a dog over the age of six (6) months shall cause the dog to be registered and licensed as hereinafter provided." Section 4. City Code Section 701.05 is hereby amended to read as follows: "701.05: RUNNING AT LARGE: No dog owner, as defined in this Chapter, shall permit his dog to run at large. The finding of any dog running at large shall be prima facie evidence of violation of this Section by the owner of said dog." Section 5. City Code Section 701.06 is hereby amended to read as follows: . "701.06: DOG NUISANCES: It shall be unlawful for any owner to fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. It shall be considered a nuisance for any animal to bark excessively, continuously or untimely, to . . . molest, annoy or bite any person if such person is not on the property of the owner or custodian of such animal or to habitually frequent school grounds, parks, or public beaches, chase vehicles or molest, defile or destroy any property, public or private. Failure on the part of the owner or custodian to prevent his animals from committing an act of nuisance shall subject the owner or custodian to the penalty hereinafter provided." Section 6. City Code Section 701.07 is hereby amended to read as follows: "701.07: CONFINEMENT OF CERTAIN DOGS: Every dog in heat shall be confined in a building or other secure enclosure, in such manner that such dog cannot come into contact with another dog, except for planned breeding." Section 7. City Code Section 701.08, Subd. 4 is hereby amended to read as follows: "Subd. 4. Redemption by Owner: Every owner or person having the custody of a dog may redeem the same from the Animal Enforcement Officer by paying for board and associated costs for each day or fraction thereof as such animal is held in custody by the Animal Enforcement Officer and obtaining a license for said animal in accordance with this Chapter if the license has not hereinbefore been issued for said animal. Such associated costs shall include an impounding fee set by resolution of the City Council from time to time. In determining the imPOunding fee, the Council may establish a schedule of fees based on the number of times a dog has been imPOunded. In addition to the paYment of the board, licensing and associated costs set forth in this Section, the owner shall remain subject to all other penalties contained in this Ordinance." Section 8. City Code Section 701.08, Subd. 5 is hereby amended to read as follows: "Subd. 5. Disposition of Unclaimed or Injured Dogs: Upon expiration of the five (5) day period, a dog in the custody of the Animal Enforcement Officer shall be euthanized. Nothing in this Chapter shall prevent the Animal Enforcement Officer from causing the dog to be euthanized in less than five ( 5) days' waiting period as aforesaid where such animal is injured and, in the opinion of the owner or a veterinarian, the only humane act would be one of disposal." -2- . Section 9. follows: City Code Section 701.09, Subel. 1 is hereby amended to read as "Subd. 1. Quarantine of Biting Dogs: Upon a sworn, written complaint being filed with the City Clerk stating that a dog has bitten a human being and setting forth the name of the dog, if known, and the name and address of the owner or custodian, if known, the name of the person bitten, when and where the incident occurred, the Animal Enforcement Officer shall order the dog quarantined for a period of ten (10) days. During quarantine the animal shall be securely confined and kept from contact with any other animal. . At the discretion of the Animal Enforcement Officer, the quarantine may be on the premises of the owner. If the Animal Enforcement Officer so requires, the owner shall, at his own expense, place the animal in a veterinary hospital for the period of confinement or surrender the animal to the Animal Enforcement Officer for confinement. The dog shall not be released from confinement until a licensed veterinarian has certified the animal to be free from rabies and until the owner has paid the costs of any veterinary tests made upon the animal as well as the costs of any confinement on premises other than that of the owner. If the costs are not paid by the owner or custodian wi thin ten (10) days following written notice to such owner or custodian that the dog is available for release, the Animal Enforcement Officer shall forthwith cause the dog to be euthanized. Any person who shall fail to deli ver up to the Animal Enforcement Officer any dog which has bitten a human being and against which a sworn, written complaint has been filed, shall be guilty of a misdemeanor. Each day's neglect or failure to comply with the provision of this Subsection shall be deemed a separate offense." Section 10. follows: City Code Section 701.10 is hereby amended to read as "701.10 DESTRUCTION OF CERTAIN DOGS: Upon sworn complaint to the Hennepin County District Court that anyone of the following facts exists: Subd. 1. That any dog at any time has destroyed property or habitually trespasses in a damaging manner on property of persons other than the owner; . Subd. 2. That any dog at any time has attacked or bitten a person outside the owner's or custodian's premises; -3- . Subd. 3. That any dog is vicious or shows vicious habits or molests pedestrians or interferes with the driving of automobiles in the public streets or highways; Subd. 4. That any dog is a public nuisance; Subd. 5. That any dog is running at large in violation of this Chapter; The judge or clerk of said Court shall issue a summons directed to the owner of the dog commanding him to appear before said judge to show cause why the dog should not be seized and euthanized by the Animal Enforcement Officer or otherwise disposed of. Upon such hearing and finding the facts true as complained of, the judge may either order the dog euthanized or the owner or custodian to remove it from the City, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian disobey such order, he shall be in violation of this Chapter the Animal Enforcement Officer may, upon disobedience of said order, impound or dispose of the dog described in said order. The costs of all proceedings described herein shall be assessed against the owner or custodian of the dog, if the facts in the complaint are found to be true; or to the complainant if the facts are found to be untrue." . Section 11. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 27th day of March , 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk . -4- 0Cf.l f-'. OJ rt::l >< 0.. 11 OOJ I-' <D t-< 11 '" ~ <D ::l ::l <D I-' I-' >< .. . :t:' 1-3 1-3 tx:I UJ 1-3 C..j PJ ::l ::r: PJ J:: t.O <D ::l :s: PJ >< a 11 g,g :s:'U PJ 1-3 >< tx:I o ......lJj ~>-<: ():) ~1-3 ::r: tx:I o H 1-3 >-<: o o c::: Z o H t-< a I-h rt ::r <D o f-'. rt >< a I-h UJ ::r a 11 <D :€ a a 0. .. :s: f-'. ::l ::l <D l'Il a rt PJ .. rt ::r f-'. l'Il l\J l\J ::l 0.. 0.. PJ >< '0 Cf.l 01 <D lJl (') lJl rt 01 f-" t.O a CD ::l III W ::l 0.. '0 1-3 ~ ::r t)"' f-'. I-'l'Il f-'. 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OJ I-' I-' a PJ l'Il rt '" ::r<D PJ <D ::l 11 OJ 0.. ::l fIl 0.. fIl <D J:: 11 '0 <: '0 f-'. 1-'(') f-'. <D <D fIl fIl 1-3 ::r <D J:: fIl <D :;: PJ l'Il f-'. ::l I-' ~ I-h J:: I-' <D ~ f-" fIl rt <D ::l (') <D '0 11 f-'. a 11 rt a I-' ~ :s: OJ >< I-' ~ ():) 0"1 Cf.l <D (') rt f-" a ::l I-' o f-'. rt >< o a 0.. <D UJ <D (') rt f-'< a ::l I-' l\J o I-' N W Cf.l J:: 0' 0.. "" f-'. fIl ::r <D 11 <D 0' >< ~ <D ::l 0.. <D 0.. rt a f-'. ::l (') I-' J:: 0.. <D 1-3 ::r: tx:I o H ~ o o c::: Z o H t-< o '-:tj 1-3 ::r: tx:I o H 1-3 >-<: o '-:tj Cf.l ::r: o ::0 tx:I ~ o o Cf.l 5~ ::otx:l tx:IZ ~8 OZ OG') 0Cf.l Htx:I 1-30 >-<:1-3 H 00 OZ o t:r:ll-' N o I-' N W o '-:tj 1-3 ::r: tx:I :s: H Z Z tx:I Cf.l o 1-3 :t:' o ::0 o :t:' H Z Cf.l . . ~ o ::0 o H ~ o tx:I o ::0 o H ~ o tx:I Z o N I-' "" . . . .. -" ORDINANCE NO. 215 AN ORDINANCE AHENDING CHAPTER 503 OF THE SHOREHOOD CITY CODE RELATING TO ABANDONED HOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 503.02, Subd. 1, is hereby amended to read as follows: "Subd. 1. ABANDONED VEHICLE: A vehicle, as defined herein, that has remained for a period of more than four (4) hours on public property illegally or lacking vital component parts, or has remained for a period of more than four (4) hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial, potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall include a vehicle which is in a wrecked, junked or partially dismantled condition. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City." Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, ~{innesota, this ~dday of May , 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk ~ . . . ~ ORDINANCE NO. 216 AN ORDINANCE AMENDING CHAPTER 501 OF THE SHOREWOOD CITY CODE RELATING TO GENERAL HEALTH AND SAFETY PROVISIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 501.01, Subd. 1, is hereby amended to read as follows: "Subd. 1. Offensive, Unhealthy Substances Prohibited: No owner, agent or occupant of any privately owned lands or premises shall place upon or permit upon his premises any abandoned, discarded or unused objects or equipment such as nonoperati ve vehicles of all kinds, [1] motor vehicles not displaying a current state license, furniture, stoves, refrigerators, freezers, lumber, trash, debris, junk containers, machinery, implements, equipment which is no longer safely usuable for the purpose for which they were manufactured, noxious weeds as defined in Minnesota Statutes, Section 18.171, fallen trees, fallen tree limbs, dead trees, dead tree limbs, garbage (except in authorized containers), ashes, yard cleanings or any other foul or unhealthy material. .. Section 2. This 0 rdinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 12th day of June , 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk . . . ... ... ORDINANCE NO. 217 AN ORDINANCE AMENDING CHAPTER 1102 OF THE SHOREWOOD CITY CODE RELATING TO WETLAND DEVELOPMENT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 1102.05 is hereby amended to read as follows: "1102.05: EARTH CHANGE PLAN: Landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction or direct the flow of water from any underground water source, on land located within the wetland conservation area or change the shoreline of Lake Minnetonka, Galpin Lake, Christmas Lake, Lake Mary, Silver Lake, and Lake Virginia within the City shall first submit a plan of development, hereinafter referred to as 'an earth change plan', to the City Council which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade changes and its effect, if any, upon lakes, streams, watercourses and marshes, lowlands and wetlands in the area. The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. T he purpose of the earth change plan shall be to eliminate as much as possible potential pollution, erosion and siltation." Section 2. This 0 rdinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 10th day of July, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk . . . o RDIN ANCE NO. 218 AN ORDINANCE AMENDING CHAPTER 503 OF THE SHOREWOOD CITY CODE RELATING TO ABANDONED MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 503.02, Subd. 1, is hereby amended to read as follows: "Subd. 1. ABANDONED VEHICLE: A vehicle, as defined herein, that has remained for a period of more than four (4) hours on public property illegally or lacking vital component parts, or has remained for a period of more than four (4) hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial, potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall include a vehicle which is in a wrecked, junked or partially dismantled condition. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City or a vehicle offered for sale by its owner parked on public property. " Section 2. This 0 rdinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 24th day of July, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk " . . . r. o RDIN ANCE NO. 219 AN ORDINANCE AMENDING CHAPTERS 903 AND 904 OF THE SHOREWOOD CITY CODE RELATING TO WATER USE AND SERVICE AND THE SEWER CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. Section 903.09, Subdivision 3, of the Shorewood City Code is hereby amended to read as follows: a. Billing: Statements for charges for water service for a quarterly period shall be mailed to each property owner or user on or before the tenth day and shall be due and payable on or before the last day of the months of January, April, July and October following the quarterly period covered by the statement. b. Delinquencies: After the last day of the month in which payment is due, a penalty of ten percent (10%) of the unpaid account balance will be assessed and added to the amount due on the account. If the balance due on the account is not paid in full within ninety (90) days of the day on which the account became due, a notice shall be sent to the property owner or user informing the property owner or user that the account is delinquent and that unless the account balance, including penalties, is paid in full within fifteen (15) days, or other arrangements for payment satisfactory to the City are made, the water will be shut off and the prescribed shut-off fee will be assessed. Section 2. Section 904.15, Subdivision 3, of the Shorewood City Code is hereby amended to read as follows: b. Billing: Statements for charges for sanitary sewer use and service for a quarterly period shall be mailed to each property owner or user on or before the tenth day and shall be due and payable on or before the last day of the months of January, April, July and October following the quarterly period covered by the statement. c. Delinquencies: After the last day of the month in which payment is due, a penalty of ten percent (10%) of the unpaid account balance will be assessed and added to the amount due on the account. , . . . , ... , Section 3. This 0 rdinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this ~ day of December , 1989. ATTEST: " il ( , /::~~~ L~. W ~trii&~.-> Laurence E. Whittaker City Administrator/Clerk 4 . . . ORDINANCE NO. 220 AN ORDINANCE AMENDING SECTION 1201.09 OF THE SHOREWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 1201.09 Subd. 2. Map, is hereby amended as follows: The .. Zoning Map of Shorewood" on file with the Zoning Administrator is hereby amended by removing from the R-1A, Single-Family Residential District, and including within the C-4, Service Commercial District, the property described as follows: (See Exhibit A attached hereto and made a part hereof) Section 2. This 0 rdinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 11th day of December, 1989. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk ~ . . . ...". If'" Lot 25, "Auditor's Subdivision Number 313, Hennepin County, Minnesota", except that part lying Westerly of the following described line: Commencing at the Southeasterly corner of Lot 24 thence South along the East line of said Lot 25 a distance of 24.30 feet; thence deflecting right 79025'40" a distance of 406.48 feet; thence deflecting right 94049'20" to a point on the Southerly line of said Lot 25 which is the true point of beginning of the line being described; thence continuing along last described line to the shore line of Lake Minnetonka and there ending and that part of Lot 24 lying westerly and southwesterly of a straight line running from a point in the South line of said Lot 24 distant 100 feet southwesterly at right angles from the Northeasterly line of Lot 1, said subdivision to a point on the Northwesterly line of said Lot 24 distant 75 feet southwesterly at right angles from the Northeasterly line of said Lot 1, said subdivision, all in "Auditor's Subdivision Number 313, Hennepin County, Minnesota", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. subject to a 12 foot easement for road purposes, the center line of which is described as follows: commencing at the Southeast corner of Lot 24 of said Auditor's Subdivision; thence South along the East line of said Lot 25, a distance of 24.30 feet to the point of beginning of the line being described; thence deflecting right 81039' a distance of 379.0 feet; thence deflecting right 58052' a distance of 46.06 feet to a point on the West line of above-described property and there ending as shown in deed Doc. No. 1052891, Files of Registrar of Titles. ~h\o\t A