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Pub of Ordinances 1-12 in Mtka Record• 0 ORDINANCE NO. 12 AN ORDINANCE ESTABLISHING HARBOR LIMITS AND PROHIBITING NUISANCES THEREIN The Village Council of the Vil- lrge of Shorewood Ordains: SECTION 1. HARBOR LIMITS. The geographical and jurisdiction- al limits of the village in, on and over navigable waters in or ad- jacent to the village shall extend to the harbor limits of any ad- joining municipality or other gov- ernmental unit. SECTION 2. PRIMARY HAR- BOR LIMIT. The area within 300' feet of the water line on the shore' of any lake or other body of water in or adjacent to the village shall be known as the "Primary Harbor Limit." S E C T 10 N 3. SECONDARY HARBOR LIMIT. The area ex- tending from 300 feet of the water line on the shore of any lake or other body of water in or adjacent to the village and to the harbor limits of an adjoining municipali- ty or other governmental unit shall be known as the "Secondary Harbor Limit." SECTION 4. JURISDICTIONAL LIMIT. The harbor limits of this village shall be dee4ned not to ex- tend beyond a point half way be- tween the shores of the body of water over which this village has jurisdiction and the shores of the body of water located in another village or governmental unit. SECTION 5. NUISANCES PROHIBITED. No person shall commit or maintain a public nuis- ance in or upon the waters of any lake or other body of water with- in the jurisdiction of this village; nor, shall any person let, permit, or enable any other person to use any boat, dock, craft or structure, or portion thereof, knowing that it is intended to be used for com- mitting or maintaining a public nuisance. No person shall wilfully prevent, hinder, oppose or obstruct a public official in the perform - ance of his duty in carrying out the provisions of this ordinance, or in removing or abating a public nuisance. SECTION 6. NUISANCES DE- FINED. A public nuisance is a crime, punishable as a misdemean- or, and consists in unlawfully do- ing an act of omitting to perform a duty, which act or omission shall: Subsection 1. injure or endan- ger the safety, health, or comfort of the public; or, Subsection 2. offend public de- cency; or, Subsection 3. unlawfully inter- fere with, obstruct, or tend to ob- struct or render dangerous for use or passage, a body of water with- in the harbor limits of the village. SECTION T. SPECIFIC PUB- LIC NUISANCES DEFINED. The term "Public Nuisance" shall be (: exmed to include the following: Subsection 1. Anything declared to be a public nuisance by an or- dinance of this village. Subsection 2. The depositing of refuse, waste or other deleterious, poisonous or injurious substance within the harbor limits of the village. Subsection 3. The depositing of sewage within the primary harbor limits of the village. Subsection 4. The erection or maintenance of any dock or strue -i1 ture which interferes w i t h, ob- structs, or tends to obstruct or render dangerous for use the wat- ers within the primary harbor limits of the village. Subsection 5. The failure to op- erate a boat or vessel in accord - ^nce with the provisions of Min- nesota Statutes Annotated 361.01 to 361.21, inclusive, and Minneso- ta Statutes Annotated 361.41 to :161.50, inclusive, which statutes are hereby adopted and incorpo- rated herein, and made a part hereof, as fully as if set forth com- pletely. Subsection 6. Water skiing or surf boarding within 50 feet of an occupied craft within the har- bor limits: and any careless or reckless act on water skis or a surf board within the primary har- bor limits. Subsection 7. The overtaking and /or passing of any craft in a channel or narrow passage by the operator of any motor boat, speed boat, or of any vessel under power, so as to endanger other craft: and all craft shall proceed through all channels and narrow passages of water at safe speeds. otherwise the operator thereof shall be deemed to have committed a public nuisance. Subsection 8. T h e failure to equip and maintain lights, and to have such lights lighted when the boat or vessel is operating within the harbor limits of the village at night. Subsection 9. Obstructing or In- terfering with passage of a boat or vessel through a channel or narrow water passageway. Subsection 10. Operating a boat or vessel in a careless or reckless manner in or about a public swim- ming beach. Subsection 11. Swimming in a channel, or jumping or diving from a channel bridge. SECTION 8. PENALTY. Any person violating any of the pro- visions of this ordinance shall be guilty of a misdemeanor and shall he punished by a fine of not to exceed one hundred dollars ($100.00), or by imprisonment for a period not to exceed ninety (90) days. SECTION 9. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage and publica- tion. Passed by the council this 14th day of August, 1956. W. D. KENDRICK, Mayor ATTEST: ELBA I. WILTSEY, Clerk (Pub. M. R. August 33, 1956) a 0 0., �k LEGAL NOTICE ORDINANCE NO. 11 AN ORDINANCE REGULATING THE SUBDIVISION OF LAND IN THE VILLAGE OF SHOREWOOD, MINNESOTA The Village Council of the Village of Shorewood ordains: SECTION 1. No platted land, unplatted land, lot, tract or area within the limits of the Village of Shorewood shall hereafter be platted, subdivided, or replatted unless the area of each lot or tract in the proposed plat or subdivision shall be no less than 40,000 square feet unless such requirement is waived by a unanimous vote of the Village Council, and any such plat shall be approved by the Village Council before the same shall be filed with the Register of Deeds. SECTION 2. Any deed or in- strument of conveyance of any lot, tract, or parcel of land in the Village of Shorewood to be used for residential purposes which describes a lot, tract, or parcel of land of less than 40,000 square feet shall be void unless such lot, tract, or parcel is a separate parcel of land of rec- ord at the time of adoption of this ordinance or unless the agreement to convey such par- cel has been entered into prior to the adoption of this ordi- nance and the instrument of conveyance is recorded or reg- istered within six months from said date. SECTION 3. Nothing in this ordinance shall prohibit the sub- division, replatting or convey- ance by metes and bounds de- scription of any parcel of land of less than 40,000 square feet if such parcel is added to, and combined with, and becomes a part of an adjacent lot or area used for residential purposes so as to increase the size of such adjacent tract or parcel of land, provided that the remaining por- tion of such tract being so divid- ed shall not be less than 40,000 square feet in area, unless such remaining tract is also added to and combined with and be- comes a part of some other ad- joining tract. SECTION .4. Each lot, tract or parcel of land in any tract being hereafter platted, subdi- vided or replatted shall have a frontage of not less than 100 feet, unless such requirement is waived by unanimous vote of the Village Council, provided that in no event shall there be a frontage of less than 80 feet, and no such lot, tract or par- cel shall have a depth of less than 120 feet, unless such re quirement is waived by a unanimous vote of the Village Council. SECTION 5. This ordinance shall apply only to land in areas zoned for residential uses by any zoning ordinance of the Vil- lage of Shorewood. SECTION 6. The village clerk is hereby instructed to file a certified copy of this ordinance in the Office of the Register of Deeds of Hennepin County, Min- nesota, as notice of the pro- visions hereof. SECTION 7. Any owner or agent of the owner of land who conveys a lot or parcel in viola- tion of the foregoing provisions of this ordinance, shall forfeit and pay to the Village of Shore- wood a penalty of not less than $100.00 for each lot or parcel so conveyed, and the Village of Shorewood may enjoin such con- veyance by injuction or may recover such penalty by a civil action in any court of compe- tent jurisdiction. Any person violating this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to ex- ceed 90 days for each offense, and any platting, replatting or subdividing, or conveyancing of land not in accordance here- with may be enjoined. SECTION 8. Ordinance No. 11 of the Town of Excelsior, ap- proved April 9, 1954, is hereby repealed. SECTION 9. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this 25th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Published M.R. August 9, 1956) • • 0 V q 0 10 0 0 0 40 V .0.0" LEGAL NOTICE ORDINANCE NO. 10 AN ORDINANCE REGULATING THE MAINTENANCE AND OPERATION OF TRAILER COACH PARKS AND THE PARKING OF AUTOMOBILE TRAILER COACHES IN THE VILLAGE OF SHOREWOOD The Council of the Village of Shorewood ordains: SECTION 1. For the purpose of this ordinance, the following terms shall be construed to have the meaning herein given: (a) The words ­ tralle - r coach" shall mean any motor vehicle, trailer, or semi-trail- er, as defined by ,Minnesota Statutes Annotated, Sec. 327.- 14, which is designated or can be used for living or sleeping purposes. (b) The term "trailer coach park" shall mean &n approv- ed area, lot or parcel of land, designed, reserved and main- tained for the parking of trailer coaches and the resi- dence therein of trailer coach occupants, as defined by Min- nesota Statutes Annotated, See. 327.14. SECTION 2. No person, firm or corporation shall maintain and operate a trailer coach park with- in the Village of Shorewood with- out first obtaining from the Vil- lage Council a special use permit to do so. SECTION 3. No trailer coach park shall be operated or main- tained within any portion of the "residential district" of the Vil- lage as defined by the Village of Shorewood Zoning Ordinance. SECTIOI 4. The health and sanitary conditions of such trailer coach park shall, at all times, comply ivith the rules and regu- lations of the Department of Health of the State of Minnesota and the local ordinances. SECTION 5. No trailer coach may be parked within the Village of Shorewood except in a licensed trailer coach park for a period of more than ninety ( days. (a.) The trailer coach must be parked on land owned by the trailer coach occupant, where it is not parked in a licensed trailer coach park as provided by M.S.A., See. 327.28, (b) When the trailer coach occupant is in the process of erecting a permanent resi- dence, to be occupied by him, he may, by authoriza of the Village Council, secure a permit lasting until such time as the permanent residence Is ready for his occupancy. (c) Only one ninety (90) day permit to maintain a trailer coach in any location other than a licensed trailer coach park shall be issued to any individual dual burin a calen- dar year. SECIrION 6. No occlMied trailer coach shall be parked anywhere within the Village of Shorewood for a period of more than twenty- four (24) hours without first reg- istering, with the village clerk, giving names, ages, addresses and occupation of each occupant of such trailer coach and the pro - , posed length of stay of such Irailer. At the time of making such application, the applicant shall 1 a fee of $1.50 as pro- vided ny M.S.A. 327.28. (a) Tt shill be the duty of thil Building Inspector to inspect each trailer coach within, ,wenty-four hours after noti- fication by the clerk's office 1.11oft P..pplication has been made by occupant. The pur- pose of the inspection shall be to determine whether in- formation furnished or. the application for permit shall be true. (b) The Building Inspector shall make, or cause to be made, an inspection of the trailer coach and surrounding premises to ascertain that all local and state fire laws are complied with before a per- init shall be issued. SECTION 7. No occupied trail- er coach shall be parked any- where within the Village of Shorewood for a period of more than twenty-four (24) hours un- less there is available during twenty-four (24) hours of each day to the occupants of such trail- er coach running water, and toilet facilities on the property upon which such trailer coach is parked. SECTION S. It shall be unlaw- ful to permit waste water from sings, showers, or other fixtures in trailer coaches to be deposited on any street, alley, tourist camp, on any lot within the corporate limits of said village. SECTION 9. No - person occupy- ing any trailer coach anywhere in the Village of Shore shall re- nnove its running gear, wheels or other equipment designed for transportation of 'such trailer coach and then continue to occu- p y y svich trailer coach. SECTION 10. Any person who shall violate any provision of this ordinance shall be guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine of not to exceed One Hundred Dollars 0100.00) ) or by imprison- men" not to exceeed ninety (90) days. SECTION 11. Every section, provision or part of 1� ordin- ance is declared separable from every other section, provision or part hereof shall be declared in- valid, It shall not affect any other section, provision or part. SECTION 12. Ordinance No. 17 of the Town of Excelsior, adopted March 4, 1955, is hereby repealed. SECTION 13. This ordinance shall take effect from and after its passage and publication. Passed by the council this 24th day of July, 1956. W D. KENDRICK, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Published M.R. August 9, 1956) 0 F_7 L_J 0 ORDINANCE NO. 9 AN ORDINANCE ADOPTING THE FEDERAL HOUSING ADMINISTRATION MINIMUM PROPERTY REQUIREMENTS FOR PROPERTIES OF ONE OR TWO LIVING UNITS LOCATED IN THE STATE OF MINNESOTA; ADOPTING THE MINIMMUM REQUIREMENTS FOR INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THE STATE OF MINNESOTA; ADOPTING THE MINNESOTA PLUMBING CODE; AND ADOPTING MINNESOTA WIRING STANDARDS. The Village Council of the Vil- lage of Shorewood Ordains: SECTION 1. CODES ADOPT- ED. The Federal Housing Admin- istration Minimum Property Re- quirements for Properties of One or Two living Units Located in the State of Minnesota, F.H.A. Form No. 2246, Revised April, 19- 52, and as Amended to Date, in- cluding Minimum Requirements for Individual Water Supply and Sewage Disposal Systems for the State of Minnesota, Revised May, 1952; The Minnesota Plumbing Code of Minimum Standards and Requirements as adopted by the Minnesota State Board of Health. July 20, 1937, and as Amended to -late, and Minnesota Wiring Stan- dards published in 1953 by the State Board of Electricity, are hereby adopted and shall be in full force and effect in the Vil- lage of Shorewood in so far as applicable to building construc- tion; water supply . and sewage disposal systems; plumbing sys- tems and electric wiring therein. All such construction work done hereafter in the village shall be clone in accordance with the pro- visions thereof. SECTION 2. COPIES OF CODE TO BE FILED. Three copies of each of the above codes as afore- said shall be filed by the clerk in his office for inspection and use of the public, and shall be marked "Village of Shorewood - Official Copy." This ordinance shall be- come effective upon such filing and upon publication hereof as required by law. SECTION 3. CHANGES. Where the words "Chief Underwriter" or the words "Federal Housing Ad- ministration, Office" are used in the first two above mentioned codes, they shall be construed as referring to the village building inspector, or such other person as may be designated by the coun- cil. SECTION 4. BUILDING PER - AUTS. No person may erect any structure of any kind or add to the outside dimensions thereof, nor re- locate any building already constructed or which may here- inafter be, or construct any water supply and sewage disposal sys- Lem, plumbing or electric wiring v: Ahin the limits of the Village of Shorewood, Minnesota, and without first making application to and procuring from the village building inspector or other per- son designated by the village council, with the approval by the village council, a permit to do so before such work is commenced. The application for the permit shall state the exact site to be occupied, or used and pro b- :ble time when the work will be completed, and shall be ac- companied by such drawings and specifications as are describ- ed in the above codes as aforesaid. Such applications shall show af- firmatively that all work will com- ply with every provision of the above codes as aforesaid and shall be approved by the village build- ing inspector or other person des- ignated by the village council as ahowing such agreed compliance before the permit may be granted. Permits shall be made in dupli- cate, with extra copies, when so ordered by the village council, and one copy shall be retained by the village. Before any permit is is- sued, the applicant shall pay the building inspector or village clerk, the proper fee therefor according to the following schedule: Work costing under $100.00, no fee; work costing $100.00 to $1,000.00, $2.00 fee; any work costing over $1,000.00 shall be a $1.00 fee for each $1,000 or fraction thereof. Moving permits shall be issued as provided by ordinance. Fees col- lected for permits shall be paid to the village. Every such per- mit so issued shall be in force for one year after its issuance. Re- newals of expired permits shall not be issued without re- inspection by the building inspector, or such other person designated by the vil- [age council, and payment of the required fee therefor. SECTION 5. SURVEY. Every application for a permit for the construction of any structure, shall be accompanied by a plat of survey prepared by a registered land surveyor, showing the boun- dary lines of the tract of land to be improved and the proposed lo- cation of the structures or im- provements to be constructed thereon. Every application for the installation of a water supply or sewage disposal system shall be accompanied by a sketch showing the proposed location of such sys- tem relative to boundary lines, lo- cation of existing structures and location of existing wells in the immediate vicinity, that may be affected by such installation. In the event that the minimum require- ments for individual water supply and sewage disposal systems can- not be met by any such proposed installation being made to replace or improve a n y existing water supply or sewage disposal system and the issuance of a permit will not materially adversely affect others in the judgement of the building inspector or other per- son designated by the village coun- cil, such requirements may be waived and a permit issued, pro- vided that the minimum require- ments of the State law in the mak- ing of such installation are com- plied with. SECTION 6. BASEMENTS. No basement shall hereafter be con- structed, altered, or occupied for residential living purposes, unless a special permit is obtained from the village councl therefor. SECTION 7. BUILDING IN- SPECTOR. The Village Council shall appoint a building inspector, or some other person, who shall be charged with the administration of this ordinance. SECTION 8. ENFORCEMENT — PENALTY. It shall be the duty of the village building inspector, or other person designated by the village council, to enforce the pro- visions of this ordinance. All con- struction work hereafter done, shall be inspected and if not found to be in accordance with the said codes, shall be corrected. If, af- '.er written notice to the person doing such construction work re- quiring correction thereof or v. ork done without a permit, such person neglects or refuses to con- form to such order, the village council or duly appointed inspector m a y order further construction work to stop. Any person cover- ing construction work without its being duly inspected or refusing to correct work when ordered to do so, or any person who shall proceed with the construction work without a permit to so do, when such permit is required hereunder, shall be punished by a fine of not to exceed $100.00 or by imprisonment for not to ex- ceed 90 days. Each day that a violation is permitted to e x i s t, shall constitute a separate of- fense. SECTION 9. ZONING ORDI- NANCE ENFORCEABLE. Any Zoning Ordinances of the Village of Shorewood shall not be affected by the enforcement of this ordi- nance, and one or two family liv- ing units shall be located and con- structed strictly as provided in said zoning ordinance. Passed by the Village Council this 14th day of August, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Pub. M. R. August 23, 1956) — i i J ORDINANCE NO. 8 AN ORDINANCE FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER CONVENIENCE AND GENERAL WELFARE, BY REGULATING THE USE OF LAND, THE LOCATION AND USE OF BUILDINGS AND STRUCTURES ON LOTS IN THE VILLAGE OF SHOREWOOD, MINNESOTA The Village Council of the Village of Shorewood ordains: SECTION 1. DEFINITIONS. For the purpose of this ordinance certain terms used herein are de- fined as follows: Lot: Land occupied or to be oc- cupied by a building and its acces- sory buildings, or by a dwelling group and its accessory buildings, to- gether with such open spaces as are required under the provisions of this ordinance, having not less than the minimum area required by this or- dinance for a building site in the district in which such a lot is situ- ated, and having its principal front- age on a street. Use: The purpose for which land or premises or a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained. Non - conforming Use: A noncon- forming use in the use of a building or premise that does not conform with the regulations of the use dis- trict in which it is situated. Yard: An open space on the same lot with a building or structure, which open space is unoccupieed and unobstructed from the ground upward. Yard, Front: A ,yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest line of building or struc- ture. Yard Rear: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the build- ing or structure. Yard, Side: A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. Setback: The setback is the mini- mum horizontal distance between Y the front line of the lot and the building or structure or any projec- tion thereof. SECTION 2. ESTABLISHMENT OF DISTRICTS. For the purpose of this ordinance the Village of Shore- wood is divided into use districts as follows: Residential District and Commercial District. (a) Residential District shall embrace all the real property within the boundaries of the Vill- age of Shorewood and not de- signated as a Commercial Dis- trict herein. (b) Commercial District shall embrace the following described premises within the boundaries of the Village of Shorewood: 1) In Section 25: Lot 15, Vine Hill; Lots 23 and 24, Auditor's Subdivision No. One Hundred Forty -one (141); Hennepin Coun- ty, Minnesota. 2) In Section 33: Lots 5, 14, 23, 24, 25 and the Easterly 200 feet of Lot 26 and the Westerly 660 feet of the Northerly 264 feet of Lot 27 all in Auditor's Subdivi- sion Number 133, Hennepin County, Minnesota, and Lot 1, Eureka. 3) In Section 34: Lots 173, 289, 291, 305 and vacated road ad- joining same, Auditor's Subdivi- sion Number 135, Hennepin Coun- ty, Minnesota, also Lots 14 and 15 and the Southerly one -half of Lot 13, Linden Park. Arty land annexed in the future shall be placed in the residential district until placed in another dis- trict by action of the village council. SECTION 3. PROHIBITIONS IN DISTRICTS. Except as provided in Section 9, in each district land and structures shall be used only for purposes listed by this ordinance as permitted in the district. In each district every building hereafter erected or structurally altered shall be provided with the required set- back and yards, shall be on a lot of the area specified, and shall not ex- ceed the height specified in this or- dinance for the district. No open space or lot required for a building shall during its existence be oc- cupied by, or counted as opr-n space for, another building. SECTION 4. REGULATIONS FOR RESIDENTIAL DISTRICT. Subdivision 1. Use Regulations. In the residential district, unless otherwise provided in this ordin- ance, no building or land shall be used and no building shall hereafter be erected or strucuually altered ex- cept for one or more of the follow- ing uses: 1 1. One or two - family dwellings and their accessory buildings. 1. 2. Plant nurseries or green- houses; farms or truck gardens, but no retail stand for the dis- play or sale of agricultural pro- ducts or any other commercial structure shall be located there- on without a special use permit. 3. Public parks and play- grounds; golf courses or clubs. 4. Churches, libraries, mu- seums, schools, memorial build- ings, including name plates and bulletin boards placed in back of the prescribed setback line. 5. Home occupations. 6. Clubs, lodges, fraternities and sorority houses without ser- vices to the public customarily carried on as a business. 7. Boarding and lodging houses accomodating not more than four people on a permanent basis, but not on a transient basis. 8. Temporary signs, not more than four feet square in area, pertaining to the lease or sale of the premises on which the same are located. 9. The following uses -- but only upon securing a special use permit as provided in Section 7: a. Hospitals, clinics and other buildings used for the treat- ment of human ailments. b. Philanthropic and chari- table institutions. c. Apartments or flats. SUBDIVISION 2. HEIGHT REG- ULATIONS. In the residential dis- trict no building shall hereafter be erected or structurally altered to exceed 35 feet or 21/2 stories in height. SUBDIVISION 3. BUILDING SITE REGULATIONS. In the residential district, every building shall be lo- cated on a building site in one own - ership having an area of not less than 40,000 square feet, except that the following parcels may be used as building sites for dwellings if all other regulations for the district re- quired by this ordinance are com- plied with: a. Any parcel under one owner- ship at the time of the adoption of this ordinance when the owner thereof owns no adjoining land. SUBDIVISION 4. FRONT YARD REQUIREMENTS. Each lot in the residential district shall have a front yard of not less than 35 feet. All buildings or structures shall have a minimum setback of 35 feet. SUBDIVISION 5. SIDE YARD REQUIREMENTS. Each lot in the residential district shall have two side yards, one on each side of the building. Every building hereafter erected or structurally altered shail have two side yards of a width not less than 8 feet. SUBDIVISION 6. REAR YARD REQUIREMENTS. Each lot in the residential district shall have a rear yard of a depth equal to 20 per cent of the depth of the lot to a maximum required depth of 25 feet for such yard. SECTION 5. REGULATIONS FOR COMMERCIAL DISTRICT. SUBDIVISION 1. USE REGULA- TIONS. In the commercial district, unless otherwise provided in this ordinance, no building or land shall be used, and no building shall be erected or structurally altered ex- cept for one or more of the following • �J trict, unless otherwise provided in this ordinance, no building or I land shall be used, and no build- ing shall be erected or structur- 1 ally altered except for one or 1 more of the following uses: 1. All uses permitted in the residential district, but sub- ject to the same special use permit requirements set out in Section 4, Subdivision 1. 2. Retail stores and shops, restaurants and eating places. 3. Automobile stations for the sale of gasoline, oil and accessories, public garages, and automobile parking lots. 4. Theatres, financial institu- tions, telephone and telegraph offices, messenger offices, pro- fessional offices. 5. Carpenter, furniture re- pairing or upholstery shops, book binding shops, dress making shops, shoe repairing or dyeing shops, newspaper or job printing establishments, electrical, tinsmithing, plumb- ing, water, gas, or steam fit- ting shops, paint or paper hanging shops. 6. Other business uses which in the opinion of the village council, are of the same gen- eral character as the uses enumerated in this subsection and will not be obnoxious or detrimental to the district in which located. 7. The following uses, but only upon the securing of a special use permit as provided in Section 7: a. Undertaking establish- ments. b. Any drive -in business where people are served in automobiles. c. Outdoor advertising signs and structures, pro- vided, that the same shall be erected or placed in back of the prescribed setback line required in the regula- tions for the residential dis- trict. d. Motels, hotels, and trail- er parks or trailer or tour- ist camps. e. Self service laundries and drycleaning and com- mercial laundries. f. Uses commonly desig- nated as light industrial. SUBDIVISIN 2. HEIGHT REG- ULATIONS. In the commercial district no building shall be erect- ed or structurally altered to ex- ceed sixty feet in height. SUBDIVISION 3. SIDE YARD REQUIREMENTS. In the com- mercial district no side yard shall be required except, dwellings shall comply with the side yard regula- tions of the residential district. SUBDIVISION 4. REAR YARD REQUIREMENTS. In the com- mercial district no rear yard shall be required except buildings erect -' ed or used for dwelling purposes exclusively shall comply with the rear yard regulations of the resi- dential district. SECTION 6. ADDITIONAL LIMITATIONS. In both residen- tial and commercial districts, no existing building shall be moved, structurally altered, added to, enlarged or used, nor shall any land, building or premises be used in any way, manner or extent for ary of the following uses or pur- poses or for any other use or pur- pose of a kind or nature similar to the following uses or purposes, to- wit: 1. Uses or purposes which, in relationship to permitted uses of other premises are noxious] or offensive by reason of the emission of dust, odor, smoke, gas, fumes or vibration or which are deemed extra haz- ardous by insurance com- panies; 2. Uses commonly known and described as heavy industrial; 3. The raising or feeding of swine or the commercial keep- ing or raising of fur bearing animals unless conducted as a part of a general farming operation carried out under one ownership or management on premises adequate in size and equipped for such general farming operation; 4. Fat rendering, fertilizer manufacture, dead animal re- duction or glue manufacture, gas manufacture or smeltllap; 5. The dumping of garbage, dead animals or rubbish; 6. Removal or storage of rock, sand or gravel, except to the extent required in con- nection with the construction . of a building permitted in the district in which the same is located, and except as may be required by state, county or village authorities in con- nection with construction or maintenance of r o a d s and highways in said districts. 7. The manufacture of ce- ment, cement blocks, lime, gypsum or plaster of paris, bituminous black top and tar; 8. The manufacture or stor- age of explosives, fireworks, acid, or bulk propane gas or its derivatives other than cus- tomarily stored for household 'or building use; 9. Above g r o u n d gasoline storage, or bulk gasoline stor- age other than in underground tanks to the extent custom- arily stored at filling stations for automobile service; 10. The erection or mainten- ance of a fence higher than 6 feet from the ground level without obtaining a special use permit. 11. Operation or maintar. - of stock yards, tanneries, com- mercial kennels, veterinary hospitals, junk yards, or auto- mobile or machinery wrecking or storing, or private or com- mercial gun clubs. The foregoing enumeration shall not be exclusive, nor shall the uses prohibited under this Section necessarily be construed to be limited to those of a kind or na- ture similar to those enumerated. SECTION 7, SPECIAL USE PERMITS. SUBDIVISION I Special use permits may he issued for any of the following: it A ny of tho uses or pur- poase for H hich such permits are ct,quired or permitted by the provisions of this ordin- ance b. Public utility or public ser- vice uses or public building in any district when found to be necessary for the public health, safety, convenienne or welfare. c. Commercial excavating of natural materials used for building or construction pur- poses, in any district. d. To classify as a conform- ing use any institutional use existing in any district at the time of the establishment of such district. e. To permit the location of any of the following uses in a district from which they are excluded by the provisions of this ordinance without first 'obtaining a special use per- mit: motels, tourist camps, trailer parks, hospitals, clin- ics and other buildings for treatment of human ailments, undertaking establishments, philanthropic and charitable Institutions and uses common- ly designated as light indus- trial. 1 SUBDIVISION 2. Application for the issuance of a special use permit shall be made to the vil- lage council. The village council may hold such hearings on the proposal to issue a special use per- mit as it may deem necessary; but at least one public hearing following one week's posted notice or published notice in the official newspaper shall be held upon any application for a use permit for the establishment of any use listed in Subdivision 1, clause e, of this Section. Should the village council find that the establishment, main- tenance, or conducting, of the use for which a use permit is sought will not under the circumstances of the particular case be detri- mental to (1) health, safety, morals, comfort, convenience or wel- fare of the persons residing or working in the neighbor- 0 • hood of such use; or guarantees as it deems neces- inspector shall enforce this ordin - (2) to the public welfare or sary to carry out the purposes ance through the proper legal Injurious to property and im- of this ordinance. channels, provements in the neighbor-! SECTION 9. NON- CONFORM - ' SUBDIVISION 2. Hereafter no hood, ING USES. I person shall erect, alter, wreck, or ' the council may grant the use per - SUBDIVISION 1. Any nun - con - morr tiny building or part thereof nit and it may attach to the per - forming use other than use speci- wi',hout first securing a building nit such conditions and guaran- Led in Subdivisions 2 and 3, may l therefor, except that no tees as are provided in Section 8 be continued until expiration of 1 ei ntit shall be necessary for the of this ordinance. the time fixed by Subdivision 4, ex- ! r nstruction, reconstruction, or SUBDIVISION 3. Any use per- cept that any non - conforming use ; a teration of a building not used mitted under the terms of any spe- cr building may not be: o! to be used for commercial or cial use permit shall be establish- ; a. Changed to another non - i, lastrial purposes where the cost ed and conducted in conformity to conforming use; of such work does not exceed the terms of such permit and of b. Re- estabalished after dis- $U- 00. any conditions designated in con continuance for one year, if St :DIVISION 3. Application nection therewith. I it involves a substantial build - I for .� building permit shall be SUBDMSION 4. Any existing ing; or after discontinuance made ' the village building in- use of land, building or other for any period in other cases; spector a blank forms to be fur - structure for which special per - c. Extended; nished by '. a village. Each appli- mits are required by the provi- d. Rebuilt after damage ex- cation for ' permit to construct sions of thia ordinance and at the ceeding 50 per cent of its or alter a buc'�. ,g shall be accom- time of the adoption of this or- value. i panned by a pl drawn to scale dinance which special use permit SUBDIVISION 2. No junk yard showing the dimcr. , ns of the lot has not been issued by the village may continue as a non - conforming to be built upon m lip size and council in accordance with the use for more than one year after' location of the f ., - Ind ac regulations set out by this section the effective date of this ordin - I cessory buildin _ i ' o h, • - ec•ted. within six months following the ance, except that a junk yard may Applications foi :iny kind •, ' adoption of this ordinance shall continue as a non - conforming use ing permit shall contain s•irh be deemed to be a non - conforming in a commercial district if within other information as may be use and all of the provisions of 1 that period it is completely en- deemed necessaa for the proper Section 9 of this ordinance shall closed within a building or within enforcement of this ordinance. apply to the use of such land, I a continuous solid fence of such The fees for buildng permits shall building or structure. The time height, not less than eight feet he :is follows: V)rk costing un- limitations provided in Section 9 it any case, as to screen com- der $100.00, no fey work costing shall in such cases be deemed to pletely the operations of the junk I $100.00 to $1,000.00 $2.00 fee: any run from and after the expiration yard. Plans of such building or work costing over ;1,000.00 shall of the time herein allowed for the fence shall be approved by the vii- be a $1.00 fee for •ich $1,000.00 granting of such special permits. lage council before it is erected. I or fraction thereof. The village SECTION 8. ADJUSTMENTS, SUBDIVISION 3. No outdoor building inspector ehll issue the The regulations specified in this advertising structure may con- building permit only _fter deter. ordinance shall be subject to the tinue as a non - conforming use for mining that the bui plans, following interpretations and ex- more than six months after the together with the .)plication, ceptions regarding use: effective date of this ordinance. comply with the terms f this or. a. Nothing in this ordinance SUBDIVISION 4. No non -con- dinance. shall be deemed to prohibit forming use of a building may be SECTION 12. PL-� LTIES. the construction or mainten -' continued for more than. ten years Anv person who violates I fails to ance of any stand or shelter after the effective date of this or- comply with anv of the 111visions for the sale of agricultural dinance, or if later, beyond the f,f this ordinance shall l c uilty products produced on the end of a reasonable period for of a misdemeanor and uf" con - premises, amortization of the building. In viction thereof shall be r- ,hed b. The village council by a no event shall the amortization by a fine of not to exceec ore four - fifths vote shall have period, commencing with the com- than one hundred dollars ($10.,0) power to make adjustments pletion of erection of the building, or by imprisonment for not tr - in and exceptions to any of be more than: ceed ninety days for each offs- . the provisions of this ordin- a. 30 years for building of Each day that the violation is pt dinance to the extent of the ordinary wood frame con- mitted to exist shaall constit . following and no further: struction; a separate offense. 1. To vary or modify the b. 40 years for building of SECTION 13. REPEAL. Or strict application of any of the wood and masonry construe- dinance No. 2 of the Town of Ex regulations or provisions con- tion; celsior, approved February 3, 1950, tained in this ordinance in c. 50 years for buildings of together with its amendments, be- cases which the council finds other construction. ing Ordinance numbers 5, 8, 13, that there are practical diffi- SECTION 10. AMENDMENTS. 14, 16 and 18 of the Town of Ex- eulties or unnecessary hard- This ordinance may be amended celsior, are hereby repealed. ships in the way of such strict only by a four - fifths vote of the SECTION 14. EFFECTIVE application. village council after a public hear - DATE. This ordinance shall take t Before making its decision ing on such amendment has been effect from and after its passage upon any application for such duly advertised and held. Pro- and publication. an adjustment or exception, ceedings for such amendment may Passed this 24th day of July, the village eounciil shall hold (Continued on Page 5.) 1956. a piWic hearing thereon and be initiated by (1) the village W. D. KENDRICK, shall t1bseeatter make its de- council, or (2) the verified petition Mayor. vision. 7%e village council of not less than fifty per cent of ATTEST: shall either grant or deny those property owners within 500 ELSA I. WILTSEY, such application, and it shall feet of the proposed change. Clerk attack to the grant of the ap- SECTION 11. ENFORCEMENT. (Pub, MR. August 2, 1956 ) placation such conditions aid SUBDIVISION 1 The building 0 C:1 ORDINANCE NO 7 AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE OF CIGARETTES AND CIGARETTE WRAPPERS The Council of the Village of Shorewood do ordain. as follows: SECTION 1. LICENSE RE- QUIRED. Ne person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispose of any cigarette or cigarette wrapper at any place in the Village of Shore- w o o d unless a license therefor shall first have been obtained as provided in this ordinance. SECTION 2. APPLICATION AND ISSUANCE. Application for such license shall be made to the village clerk on a form supplied by the village. Such applicant shall state the full name and ad- dress of the applicant, the location of the building and the part in- tended to be used by the applicant under such license, the kind of business conducted at such loca- tion, and such other information as shall be required by the appli- cation form. Upon the filing of such application with the clerk, it shall be presented to the village council for its consideration, and if granted by the council, a license shall be issued by the village clerk upon payment of the required fee. SECTION 3. LICENSE FEE. The fee for every such license shall be $12.00 per annum. Every license shall expire on December 31 next after its issuance. For any license issued after January 31 in any year, the fee shall be computed at the rate of $1.00 for each month or fractional part of a month covered by the license. Licenses shall not be transferable' from one person to another. SECTION 4. LICENSE SHALL BE DISPLAYED. Every such li- cense shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon re- quest. SECTION 5. RESTRICTIONS. No license shall be issued except to a person of good moral char- acter. 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, cigar- ette 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, mor- phine, jimsonweed, bella donna, strychnia, cocaine, marijuana, or :ny other deleterious or poison - )us drug except nicotine. SECTION 6. REVOCATION. Every such license may be revoked )y the council for a violation of my of the provision of this or- linance if the iicense has been riven a reasonble notice and an )pportunity to be heard. SECTION 7. PENALTY. Any ?erson who shall violate any pro - ✓ision of this ordinance shall be ;uilty of a misdemeanor and upon ;onviction thereof shall be pun - .shed by a fine of not to exceed $100.00 or by imprisonment for .iot to exceed 90 days. S E C T 10 N 8. EFFECTIVE DATE. This ordinance shall be in full force and effect from and af- ter its passage and publication ac- ;ording to law. Passed by the council this 17th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: E'LSA. I. WILTSEY Clerk (Pub. M.R. July 26, 1956) C � J • ORDINANCE NO. 6 AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION OR MAINTENANCE, AND PROVIDING A PENALTY FOR VIOLATION THEREOF The Village Council of the Vil- lage of Shorewood ordains: SECTION 1. PUBLIC NUIS- ANCES DEFINED. A nuisance is a thing, act, occupation or use of property which, 1. Shall annoy, injure or endan- ger the safety, health, comfort or repose of the public, 2. Shall offend public decency, 3. Shall unlawfully i n t e r f e r e with, obstruct, or tend to ob- struct or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, al- ley or highway, 4. Shall in any way render the public insecure in life or in use of property. SECTION 2. PUBLIC NUIS- ANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health; 1. All decayed or unwholesome food offered for sale to the pub- lic. 2. All diseased animals running at large. 3. All ponds or pools of stagnant water. 4. Carcasses of animals not bur- ied or destroyed within twenty - four hours after death. 5. Accumulations of manure or rubbish. 6. Privy vaults and garbage cans which are not fly- tight. 7. The pollution of any public well or cistern, stream, lake, canal or body of water by sew- age, creamery or industrial wastes, or other substances. 8. All noxious weeds and other rank growths upon public or private property. 9. All public exposure of per- sons having a contagious dis- ease. 10. The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive fumes, in such quantities as to render the occupancy of prop- erty uncomfortable to a person of ordinary sensibilities. 11. All other acts, omissions of acts, occupations and uses of property which are deemed by the health officer of this vil- lage to be a menace to the health of the inhabitants of this village, or any considerable num- ber thereof. SECTION 3. PUBLIC NUIS- ANCES AFFECTING P E A C E AND SAFETY. The following are declared to be nuisances affecting public peace and safety: 1. All limbs of trees which are less than eight feet above the surface of any public sidewalk, or nine feet above the surface of any street. 2. All wires which are strung less than fifteen feet above the surface of the ground. 3. All buildings, walls, and other structures which have been damaged by fire, decay or other- wise to an extent exceeding one - half their original value, and which are so situated as to en- danger the safety of the public. 4. All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance. 5. The parking of vehicles on or blocking of any fire alley, pub- lic easement or road in this vil- lage leading to the shoreline of any navigable body of wat- er so as to interfere with, ob- struct or tend to obstruct the passage of any emergency pub- lic vehicle to such water. 6. All unnecessary noises and an- noying vibrations. 7. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, side- walks or public grounds except under such conditions as are provided by ordinance. 8. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, ob- structing traffic and the free use of the streets or sidewalks. 8. All dangerous, unguarded ma- chinery, in any public, or so situated or operated on private property as to attract the pub- lic. 10. The distribution of handbills except as provided by ordinance. 11. All other conditions or things which are liable to cause injury by the person or property of anyone. SECTION 4. PENALTY. Any person violating any of the pro - visions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to e x c e e d one hundred dollars ($100.00), or by imprisonment for a period not to exceed ninety (90) days. SECTION 5. SEPARABILITY. Every section, provision or part of this ordinance is declared sep- arable from every other section, provision or part; and if any sec- tion, provision or part hereof shall be held invalid, it shall not affect any other section, provision or part. S E C T 10 N 6. EFFECTIVE DATE. This ordinance shall take effect from and after its passage and publication. Passed this 17th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA I. WILTSEY Clerk (Pub. M.R. July 26, 1956) r� a 0 ORDINANCE NO. 5 AN ORDINANCE DEFINING CERTAIN MISDEMEANORS AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF The Council of the Village of Shorewood Ordains: SECTION 1. The doing of any of the acts or things prohibited or the failing to do any of the things or acts commanded to be done, as set forth in this ordinance, is hereby declared to be an offense against the good order, public peace, mor- als, health, welfare and proper government of this Village and unlawful. Any person, firm or corporation convicted of violating any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor and punished by a fine of not less than $1.00 nor more than $100.00, or by imprison- ment not to exceed 90 days, to- gether with the costs of prosecu- tion in either case. SECTION 2. DISORDERLY CONDUCT. The doing of any of the fol- lowing acts without authority of law by any person or persons is hereby declared to be disorderly conduct: (A) Wilfully disturbing any assembly or meeting not unlaw- ful in its character or the peace and quiet of any family or neigh- borhood; (B) Wilfully and lewdly ex- posing the person or the private parts thereof or procuring another to so expose himself and any open or gross lewdness or lascvious be- havior or any act of public inde- cency; (C) Using profane, vulgar or indecent language in or about any public buildings, store or place of business or upon any of the streets, alleys or sidewalks of the Village so as to be audible and offensive; (D) Appearing on any public street or other public place in an intoxicated condition or drinking intoxicating liquor on any street or in a vehicle upon a public street. Disorderly conduct is hereby prohibited and anyone doing any of the above acts should be guilty of a misdemeanor. SECTION 3. ASSAULT. No person shall strike or at- tempt to strike nor in any un- lawful manner offer to do or do any bodily harm to another per- son, nor unlawfully make an at- tempt to apply any degree of force or violence to the person of another, nor in a vio- lent, rude, angry or insolent man- ner touch or lay hands upon the person of another. SECTION 4. VAGRANCE. The following persons are vag- rant: (A) A person, who being a habitual drunkard, abandons, ne- glects or refuses to aid in the support of his family; (B) A person who has con- tracted an infectious or other dis- ease in in the practice of drunken- ness or debauchery requiring char- itable aid to restore him to health; (C) Fortune tellers and such other like imposters; (D) A person known to be a pickpocket, thief, burglar, yegg- man or confidence man and hav- ing no visible or lawful means of support, when found loitering around any railroad depot, rail- road yard, banking institution, brokers office, place of public amusement, hotel, auction room, store, shop, crowded thoroughfare, car or omnibus or at any public gathering or assembly; (E) A person engaged in prac- ticing or attempting any trick or device to procure money or other thing of value. Such trick or de- vice is made a public offense by any law of this State or any per- son engaged in soliciting, procur- ing or attempting to solicit money or other thing of value by falsely pretending and representing him- self to be blind, deaf, dumb, with- out arms or legs, or to be other- wise physically deficient or to be suffering from any physical de- fect or infirmity; (F) Any person wandering about and lodging in taverns, gro- ceries, ale houses, market places, sheds, stables, barns or other un- inhabited buildings or in the open air, not giving a good account of himself. SECTION 5. Every person who shall wilfully or maliciously displace, remove, injure or destroy. (1) A highway or private way laid out by authority of law or bridge upon such public or private way; (2) A tree, rod, post or other monument, which has been erected or marked for the purpose of des- ignating a point in any boundary or any mark or inscription there- on; (3) A mile board, a milestone or guide post erected upon a high- w=ay or any inscription thereon; (4) A l i n e of telegraph or telephone or any part thereof or any appurtenance or apparatus connected with the working of any magnetic or electrical telegraph or telephone or the sending or con- veyance of messages thereby; (5) The pipe or main for con- ducting gas or water or heat or any appurtenance or appendage connected therewith; (6) A sewer or drain or a pipe or a main connected therewith or forming a part thereof. SECTION 6. Every person who shall inhu- manly, unnecessarily, cruelly, or wantonly beat, injure or other- wise abuse any dumb animal shall be guilty of a misdemeanor. SECTION 7. Every person who shall malici- ously injure or destroy any stand- ing crops, grain, cultivated fruits or vegetables, the property of an- other, in any case for which pun- ishment has not been otherwise prescribed to be guilty of a mis- demeanor. SECTION 8. Every person who shall in any manner wilfully damage any build - ir_g or part thereof, throw any stone or other missle at or break any window therein or who shall aid, counsel, hire or procure any persons so to do shall be guilty A a misdemeanor. SECTION 9. Every person who shall commit or maintain a public nuisance for which no special punishment is prescribed or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance and every person who shall let or permit to be used any building or portion thereof, knowing it is intended to be used for committing or maintaining any such nuisance, shall be guilty of a misdemeanor. SECTION 10. Every person who shall wilfully oppose or obstruct a health of- ficer or physician charged with the enforcement of the health laws in performing any legal duties shall be guilty of a misdemeanor. SECTION 11. Every manufacturer or vendor who shall sell or cause to be sold, place or cause to be placed any gasoline or benzine in quantities of more than one pint, in any re- ceptacle except of a bright red color and tagged and labeled in large plain letters with the name of the contents or who shall sell or cause to be sold, place or cause to be placed kerosene or other illuminating oil in the same quan- tities in a receptacle of red color shall be guilty of a misdemeanor. SECTION 12. Every person who shall sell, give, loan or in any wise furnish any firearm or ammunition to a minor under the age of 18 years without the written consent of his parents or guardian or of a police officer or magistrate shall be -uilty of a misdemeanor. SECTION 13. Every person who shall pur- chase, manufacture, use, sell or keep for sale within this Village firecrackers, crackers and other explosive pyrotechnics, except by special permit, shall be guilty of a misdemeanor. SECTION 14. Every person who shall directly or indirectly address any threat or intimidation to a public officer' or to a referee, arbitrator, ap- praiser or assessor or to any other person authorized by law to hear or determine any controversy or matter with intent to induce him contrary to his duty to do or make or to omit or delay in any act, de- cision or determination, shall be guilty of a misdemeanor. SECTION 15. Whenever two or more persons shall conspire to commit any act injurious to public health, public morals, trade or commerce or for the perversion or obstruction of public justice or the due adminis- tration of the law, every such per- son shall be guilty of a misde- meanor. SECTION 16. CURFEW LAW. No person under the age of 16 shall be or loiter upon any of the public streets, alleys or public grounds of the municipality between the hours of it P.M. and 4:30 A.M., unless accompanied by and under the control of some per- son of lawful age. SECTION 17. Ordinance No. 6, of the Town of Excelsior, adopted December 1, 1950, is hereby repealed. SECTION 18. This ordinance shall take effect from and after its passage and publication. Passed by the council this 17th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA I. WILTSEY Clerk (Pub. M.R. July 26, 1956) • N L-1 1 ORDINANCE NO. 4 GRANTING TO MINNEAPOLIS I GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO MANUFACTURE, IMPORT, TRANSPORT, SELL AND DISTRIBUTE GAS FOR HEATING, ILLUMINATING AND OTHER PURPOSES IN THE VILLAGE OF SHOREWOOD AND TO USE THE STREETS, AVENUES AND ALLEYS THEREOF FOR THAT PURPOSE. The Village Council of Shore- wood do ordain as follows: SECTION 1. GRANT OF AU- THORITY. There is hereby grant- ed to Minneapolis Gas Company, hereinafter called the "Company ", its successors and assigns, for a period of twenty (20) years after the adoption hereof, the right to manufacture, import, transport, sell and distribute gas for heat- ing, illuminating and other pur- poses within the limits of this Village, hereinafter called the "Village ", as the same now ex- ist or as they may be extended in the future, and for that pur- pose to establish the necessary facilities and equipment, and to maintain a manufacturing plant, gas mains, service pipes, and any ether appurtenances necessary to the manufacture, sale and distri- bution of gas in and along the streets, alleys, avenues and other public places of said municipality, and to do all things which are reasonable, necessary or custom- ary in the accomplishment of this objective; subject, however, to the further provisions of this fran- chise. Provided, however, that be- fore the said company shall es- tablish any plant in said Village for the manufacture of gas, the approval of the Village Council of the location thereof, in the ex- ercise of a reasonable discretion by said Council, shall be first ob- tained by said Company. No such plant shall be constructed or op- erated in violation of the zoning and building ordinances of the Village. SECTION 2. OBSTRUCTING STREETS. The Company shall ex- ercise its privileges hereunder sub- ject at all times to the police pow- er of the Village and shall not un- necessarily or unreasonably ob- struct the use of or injure any street, avenue, or alley, and shall, upon the completion of any con- struction or repair, restore all streets, aveunes and alleys of the municipality which shall be open- ed by it or its agents or employees for the purpose of laying, placing, or repairing its aforesaid gas mains or service pipes to as nearly the same order and condition as they were before the excavation was made as is reasonably possi- ble, and shall maintain, repair, and keep in good condition for a period of three (3) months all por- tions of said streets, avenues, and alleys disturbed by it or its agents; provided that the three -month pe- riod shall be computed from the time of the closing of the exca- vation; but in case of frost be- fore the three -month period has expired, the same shall continue for the stated period after the frost leaves the ground. Any ob- struction of any street, alley, park, boulevard, bridge, or other public place, or any failure properly to fill and maintain a street after excavation, after proper notice de- manding removal or repair, as the case may be, shall be taken care of by the Village and cost there- of shall be charged against the Company and may be deducted from any payments due it from the Village. SECTION 3. PLATS. The Com- pany, prior to the laying or re- laying of any mains under this franchise, shall present to the Council a complete plat showing the location, size, and estimated cost of all proposed mains. The Company, before laying or re-lay - irg any mains, shall obtain ap- proval from the Council, or its agent, in the exercise of a reason- able discretion by them. Failure of the Village to insist upon this provision shall not be deemed a waiver thereof, SECTION 4. DAMAGE CLAIMS. The Company shall in- demnify, keep, and hold the Vil- lage free and harmless from li- ability on account of injury or damage to persons or property growing out of the construction, maintenance, repair, or operation of its property, and in the event that suit shall be brought against the Village, either independently or jointly with the Company, on account thereof, the Company, up- on notice to it by the Village, shall defend the Village in any suit, at the cost of the Company; and in the event of a final judge- ment being obtained against the Village, either independently or jointly with the Company, the Company shall pay such judge- ment, with all costs, and shall hold the Village harmless therefrom. SECTION 5. STANDARDS OF SERVICE. The Company shall at all times provide and furnish an, adequate, safe and continuous sup- ply of gas to the village and its inhabitants, subject, however, to the further provisions of this sec- tion. The Company sells and dis- tributes straight natural gas throughout its entire gas distri- bution system, which is located in the City of Minneapolis, Minne- sota, and in a number of suburban communities and in the territory adjacent to and near the said city. The natural gas distributed by the Company is furnished by the pipe line system owned and operated by Northern Natural Gas Com- pany, a "natural gas company under the Federal Natural Gas Act, which subjects said Northern Natural Gas Company to the juris- diction of the Federal Power Com- mission. The Company shall not be liable to the Village or its inhabitants, nor shall the Village, or any in- habitant who is a customer of the Company, be liable to the Com- pany hereunder by reason of the failure of the Company to deliver, or of the Village or a customer to receive, natural gas as a re- sult of acts of God, or the public enemy, inability of pipe line sup- plier to furnish an adequate sup- ply due to an emergency, an or- der or decision of a public regu- latory body, or other acts beyond the control of the party affected. Whenever any of the occurences named above take place, the Com- pany shall have the right and au- thority and it shall be its duty to adopt reasonable rules and regulations in connection with lim- iting, curtailing or alloting exten- sions of service or supplying of gas to any customer or prospec- tive customer, and withholding the supplying of gas to new custom- ers, provided that such rules and regulations shall be uniform as applied to each class of customers, and shall be non - discriminatory as between communities. The Company shall have the right to contract for the sale of gas for industrial use on an in- terruptible basis, requiring the customer to have standby equip - inent for use upon notice by the Company. The Company's rules, regulations, schedules or contracts for curtailing interruptible gas service shall be uniform as ap- plied to each class of interruptible customers. If service is suspended because of any of the reasons set forth above, occurring through no fault or negligent act on the part of the Company, such suspension shall not be made the basis of any ac- tion or proceeding to terminate this franchise. The quality of the gas sold in the Village shall be the same as that sold to the Com- pany's customers in, the City of Minneapolis. SECTION 6. EXTENSION OF SERVICE. The Company agrees to lay such of its mains and pipes as come within its requirements for suburban service as soon as reasonably possible to do so. The Council of the Village shall have the right to make such reasonable rules and regulations as may be necessary to provide adequate and proper service. .I r �J �J SECTION'. RATES. The Company agrees for and in behalf of itself, its lessees, sucessors, and assigns that all authority and right in this ordinance contained shall at all times be subject to all right, power, and authority now or hereafter possessed by said Village or any other regulatory tribunal having jurisdiction there - over to regulate, fix, and control just, reasonable, and compensatory gas rates, except as hereinafter limited. The Village recognize, that the entire suburban area ad -', ja.cent to and near the City of Minneapolis, which includes the Village of Shorewood may be re- garded as a single zone for rate - making purposes and agrees that the Company has the right to in- sist upon a uniform rate for all its consumers in said suburban area. All rates charged under this ordinance shall at all times be fair, just and reasonable. SECTION 8. ACCOUNTING REPORTS. The Compahy agrees to file with the Village Clerk, on or before July 1 of each year, a copy of its annual report to its security holders for the preceding calendar year, together with a balance sheet and income state- ment of the suburban division and a balance sheet and income state- ment for the Village of Shorewood on an allocated basis. SECTION 9. FORFEITURE. If the Company shall be in default in the performance of any of the material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after receiving notice from the Village of such default, the Village Council may, by ordi- nance duly passed and adopted, terminate all rights granted un- der this ordinance to the Company. The said notice of default shall be in writing and shall specify the privisions of this ordinance in the performance of which it is claimed that the Company is in default. Such notice shall be served in the manner provided by the laws of the State of Minne- sota for the service of original notices in civil matters. The rea- sonableness of any ordinance so passed declaring a fdrfeiture of the rights and privileges granted by this franchise ordinance shall be subject to review by the United States District Court for the Dis- trict of Minnesota, Fourth Di- vision. SECTION 10. NON- EXCLUS- IVE. The rights and privileges hereby granted are not ex- clusive, and the Village express- ly reserves the right to grant rights and privileges to other per- sons or corporations. SECTION 11. CHANGE OF GOVERNMENT. Any change of the form of government of the Vil- lae into a city or otherwise as authorized by the State of Min - r_esota shall not affect the validity of this franchise. Any municipal corporation suceeding the Village shall, without the consent of the Company, succeed to all the rights and obligations of the Village pro- vided in this franchise. SECTION 12. ACCEPTANCE. The Company shall, within thirty (30) days after the passage and publication of this ordinance, file with the Village Clerk its ac- ceptance of the same in writing, signed by its proper officers and attested by its corporate seal. SECTION 13. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Adopted this 17th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA I. WILTSEY Village Clerk (Pub. M.R. July 26, 1956) * LEGAL NOTICE ORDINANCE NO. 3 Ai`: ORDINANCE PROHIBITING THE DISCHARGE OR DUMPING OF SEWAGE AND OTHER WASTES ALONG, ADJACENT TO OR ON PUBLIC HIGHWAYS OR ROADS OR INTO WATER WITHIN OR ADJACENT TO THE VILLAGE OF SHOREWOOD, AND PROVIDING FOR THE VIOLATION THEREOF The Council of the Village of Shorewood Ordains: SECTION 1. The act of dump- ing, discharging or disposal of rubbish, trash, refuse, garbage, or any noxious or offensive fluid or thing and the act of discharging of sewage or drainage from cess- pools or septic tanks along, ad- jacent to or on public highways or roads or into any creek, stream, river, pond, lake or other water- course, within or adjacent to the Village of Shorewood, is hereby declared to be a public nuisance and prohibited. SECTION 2. It shall be unlaw- ful for any person to dump, dis- charge or dispose of rubbish, trash, refuse, garbage, or any noxious or offensive fluid or thing or to discharge or cause to be dis- charged sewage or drainage from cesspools or septic tanks along, adjacent to or on public highways or roads, or into any creek, stream, river, lake or other water- course within or adjacent to the Village of Shorewood. SECTION 3. Any person violat- ing the provisions of this ordi- nance shall be guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine of not to exceed $100.00 or by imprisonment of not to exceed 90 days. Every day that such violation continues shall consti- tute a separate offense. SECTION 4. Ordinance No. 10. of the Town of Excelsior, adopted October 2, 1.953, is hereby repealed. SECTION 5. This ordinance shall take effect from and after its passage and publication. Passed by the council this 10th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: Elsa I. Wiltsey, Clerk (Pub. M.R. July 19, 1956) 10 0 11 L� 'r IV'VYYl LEGAL NOTICE ORDINANCE NO. 2 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON - INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. The Council of the Village of Shorewood Ordains: SECTION 1. DEFINITION OF TERMS. Subdivision 1. As used in this ordinance, the term "person" in- cludes a natural person of either sex, co- partnership, and associ- ation of persons and the agent or manager of any of the aforesaid. The singular number includes the plural, and the masculine pronoun includes the feminine and neuter. Subdivision 2. "Beer" or "non - intoxicating malt liquor" means any malt beverage with an alco- holic content of more than one - half of one per cent by volume and not more than three and two - tenths per cent by weight. Subdivision 3. "Intoxicating li- quor" means any distilled, fer- mented or vinous beverage con- taining more than three and two - tenths per c e n t of alcohol by weight. Subdivision 4. "Original pack- age" means the bottle or sealed container in which the liquor is placed by the manufacturer. SECTION 2. LICENSE REQUIR- ED. Subdivision 1. No person, ex- cept wholesalers and manufactur- ers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the village without first having received a license as hereinafter provided. Licenses shall be of two kinds: (1) Retail "on sale "; (2) Retail "off sale ". Subdivision 2. "On Sale" licens- es shall permit the sale of beer for consumption on the premises only. Subdivision 3. "Off Sale" licens- es shall permit the sale of beer at retail, in the original package for consumption off the premises only. SECTION 3. APPLICATIONS FOR LICENSE. Every application for a license to sell beer shall be made on a form supplied by the village and shall state the name of the ap- plicant, his age, representations as to his character with such ref- erences as may be required, his citizenship, whether the applica- tion is for the "on sale ", or "off sale ", the business in connection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, how long he has been in that business at that place, and such other infor- mation as the council may re- quire from time to time. It shall be unlawful to make any false statement in an application. Ap- plications shall be filed with the village clerk. SECTION 4. LICENSE FEES. Subdivision 1. Each application for a license shall be accompanied by a receipt from t h e village treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the treasurer shall refund the amount paid. Subdivision 2. All licenses shall expire on the last day of May in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unex- pired fraction of a month shall be counted as one month. Subdivision 3. The annual fee for an "On Sale" license shall be $10.00. The annual fee for an "Off Sale" license shall be $5.00. SECTION 5. GRANTING OF LICENSE. Subdivision 1. The village coun- cil shall investigate all facts set out in the application. Opportu- nity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the village council shall grant or re- fuse the application in its discre- tion. Subdivision 2. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the prem- ises described in the application. No license may be transferred to another place without the approv- al of the village council. SECTION 6. PERSONS INELGI- ELE FOR LICENSE. No license shall be granted to any person: (1) Under twenty -one years of age. (2) Who has been convicted of a felony, or of violating the Na- tional Prohibition Act or any law of this state or local ordinance relating to the manufacture or transportation of intoxicating li- quors. (2) Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured. (4) Who is an alien. (5) Who is not of good moral character. (6) Who is or during the period of this license becomes the holder 0 0 of a federal retail liquor dealer's :special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell in- toxicaing liquor at such place. (7) Who is not the proprietor of the establishment for which the license is issued. SECTION 7. CONDITIONS OF LICENSE. Subdivision 1. Every license shall be granted subject to the conditions in the following sub- divisions and all other provisions of this ordinance and of any other applicable ordinance of the village or state law. Subdivision 2. All licensed premises shall have the license posted in a conspicuous place at all times. Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person under 21 years of age. Subdivision 4. No minor shall be permitted to consume beer on the licensed premises. Subdivision 5. No minor under 21 shall be employed on the prem- ises of a beer store or be per- mitted to sell or serve beer in any "on sale" establishment. Subdivision 6. No gambling or any gambling device shall be per- mitted on any licensed premises. Subdivision 7. No licensee who is not also licensed to sell intoxi- cating liquor shall sell or permit the consumption or display of in- toxicating 'liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxi- cating liquor. The presence of intoxicating liquors on the premis- es of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the pur- pose of sale; and the serving of any liquid for the purpose of mix- ing with intoxicating liquors shall be prima facie evidence that in- toxicating liquor is being permit- ted to be consumed or displayed contrary to this ordinance. Subdivision 8. Any peace of- ficer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises. Subdivsion 9. Every licensee shall be responsible for the con- duct of his place of business and shall maintain conditions of so- briety and order. SECTION 8. CLOSING HOURS. No sale of beer shall be made on any Sunday between the hours of 1:00 A.M. and 12:00 noon, nor between the hours of 1:00 A.M. and 8:00 P.M. on any election, day in the village. No sale shall be made between the hours of 1:00 A.M. and 8:00 A.M. on any other day. SECTION 9. RESTRICTIONS ON PURCHASE AND CONSUMP- TION. Subdivision 1. No minor shall misrepresent his age for the pur- pose of obtaining beer. Subdivision 2. No person shall induce a minor to purchase or procure beer. Subdivision 3. No person other than the parent or legal guardian'' shall procure beer for any minor. Subdivision 4. No minor shall have beer in his possession with the intent to consume it at a place other than the household of his parent or guardian. Subdivision 5. No person shall consume or display any intoxicat- ing liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. SECTION 10. REVOCATION. The violation of any provision or condition of this ordinance by a beer licensee or his agent shall be ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's spe- cial tax stamp without a license to sell intoxicating liquors at such place shall be revoked without' notice and without hearing. A license granted under this ordi- nance may be revoked or suspend- ed by the council after written notice to the licensee and a pub- lic hearing. The notice shall give at least eight days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The council may suspend any license pending a hearing on revocation or suspension. SECTION 11. PENALTY. Any person violating any pro- vision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be pun, ished by a fine of not more than one hundred dollars ($100.00) or imprisonment in the county jail for not more than ninety (90) days, plus the costs of prosecu- tion in either case, SECTION 12. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication ac- cording to law. Passed by the council this 19th day of June, 1956. W. D. KENDRICK Mayor ATTEST: ELSA I. WILTSEY Clerk (Pub. M.R. June 14, 1956) * Legal Notice ORDINANCE NO. 2 AN ORDINANCE REGULATING THE USE OF HIGHWAYS WITHIN THE VILLAGE OF SHOREWOOD, INCORPORAT- ING PROVISIONS OF THE STATE. HIGHWAY TRAFFIC REFERENCE, AND IMPOSING A PENALTY FOR THE VIOLATION THEREOF The Council of the Village of Shorewood do ordain as follows: SECTION 1. HIGI-IWAY TRAF- FIC REGULATION ACT INCOR- PORATED BY REFERENCE. The regulatory provisions of Min- nesota Statutes 1945, c. 169, as amended by Laws 1947, Laws 1949, Laws 1951, Laws 1953, and Laws 1955, are hereby adopted as a traffic ordinance regulating the use of highways, streets and al- leys within the Village of Shore- wood and are hereby incorporated in and made a part of this ordi- nance as completely as if set out here in full. SECTION 2. PENALTYi Any violation of the katiutes adapted by reference in Section. 1 is a violation of this ordinance when it occurs within the Village of Shorewood. Any person thus vio- lating any provision of this or- dinance shall be guilty of a mis- demeanor and shall be punished by a fine of not to exceed $100.00 or by imprisonment in the county jail for a period of not to ex- ceed 90 days; but if a minimum fine or imprisonment is prescrib- ed by the state highway act for an offense, such penalty shall ap- ply to a person convicted of the same offense under this ordinance. SECTION 3. REPEAL. Ordi- nance No. 4 of the Town of Ex- celsior, entitled "An Ordinance Regulating the Use of Highways Within the Town of Excelsior, In; corporating Provisions of the State Highway Traffic Regulation Act by Reference, and Imposing a Penalty For the Violation Thereof" is hereby repealed. Passed this 19th day of June, 1956. W. D. KENDRICK, Mayor ATTEST: Elsa I. Wiltsey, Clerk (Pub. M.R. June 28, 1956)