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2012 Ord No. 489 - 499 2012 ORDINANCES Approved Published 489 Recycling Fee Amendment 1/9/12 1/19/12 490 Amending Chapter 311 of the Municipal Code to update the 2/13/12 2/23/12 Licensing Requirements for Therapeutic Massage Services (Res 12-09) 491 License, Permit and Miscellaneous Fees-Massage therapy 2/13/12 2/23/12 492 Amending the Shorewood Zoning Code as it Pertains to Allowable 3/12/12 3/22/12 Front Yard Encroachments 493 Amending Title 700 of the Shorewood Zoning Code to Include 3/12/12 3/22/12 Chapter 704: Farm and Other Animals (Res 12-015) 494 Fee Schedule for Farm Animal Permit Fee 3/26/12 4/5/12 495 An Ordinance Relating to Control of Aquatic Invasive Species 6/11/12 6/21/12 Within the Corporate Limits of the City of Shorewood 496 Enacting and Adopting the 2012 S-7 Supplement to the Code of 6/25/12 7/5/12 Ordinances for the City of Shorewood, Minnesota 497 Amending the Code as it Pertains to Supplemental Feeding of Deer 8/13/12 8/30/12 498 Adding a New Chapter 612 to the Shorewood City Code Regarding 8/27/12 9/6/12 Social Hosts 499 Amending the Shorewood Zoning Code as it Pertains to Accessory 9/10/12 9/20/12 Apartments CITY OF SHOREWOOD ORDINANCE NO. 489 AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section 1. Miscellaneous Permits and Licenses, add the following Domestic Partnership Registry fees: HI. Utility Rates Recycling Type of Charge/Fee City Code Reference Existing Fee New Fee Residential recycling fee $4.50 /month/household $14 /quarter /household Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 9th day of January, 2012. ATTEST: Christine Lizee, Mayor Administrator /Clerk CITY OF SHOREWOOD ORDINANCE NO. 490 AN ORDINANCE AMENDING CHAPTER 311 OF THE MUNICIPAL CODE TO UPDATE THE LICENSING REQUIREMENTS FOR THERAPEUTIC MASSAGE SERVICES Section 1. Chapter 311 is hereby deleted in its entirety and replaced with: "CHAPTER 311 THERAPEUTIC MASSAGE LICENSING Section 311.01 Purpose 311.02 Definitions 311.03 License 311.04 Fees 311.05 General conditions of license 311.06 Educational requirements 311.07 Exceptions to licensing requirements 311.08 License restrictions and regulations 311.09 Violations 311.01 PURPOSE. The purpose of this chapter is to regulate therapeutic massage services and provide for the licensing thereof. (Am. Ord. 373 -b, passed 8 -27 -2001) 311.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MASSAGE THERAPY. A scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the massaging, kneading, rubbing, pressing, stroking, tapping, pounding, vibrating or stimulating the human skin, muscles and tissues for no other purpose than physical fitness, health -care referral, healing relaxation or beautification. MASSAGE THERAPIST. A person, other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer or beautician or barber who confines his or her treatment to the scalp, face and neck; who for compensation practices and provides massage therapy; and who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school. MASSAGE THERAPY BUSINESS. A place of business providing massage therapy to the public for consideration. The term does not include a hospital, sanitarium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes 144.50 through 144.69. 311.03 LICENSE. It shall be unlawful to operate, offer, engage in, or carry on massage therapy services in the city without first obtaining a massage therapy business license. Subd. 1. Application. All applications for a massage therapy business license, whether submitted by an individual, corporation, partnership, or other form of organization shall contain at minimum, the following: a. The name and date of birth of the owner of the business. If a partnership or corporation, the names and dates of birth for all owners must be provided. b. Information on other names the applicant, partners, officers, or other business names they have used or by which they have been known. C. Information as to whether the applicant, partners, or officers have been convicted of a felony, crime, or ordinance violation other than minor traffic offenses, and if so, the date, place, and conviction. d. Floor plan of the premises in which the massage therapy services will be conducted, showing areas where massage therapy will be performed. e. If an individual, proof the individual completed the necessary course work, training and hours required to be a certified massage therapist from a certified massage therapy school, pursuant to section 311.06 of this chapter. f. Proof of general liability insurance of at Least $1,000,000. Subd. 2. Term. All licenses issued under this chapter shall expire on the last day of December of each year. Subd. 3. Renewals. Licenses must be renewed anmially. The renewal application shall be accompanied by an annual fee as provided in section 1301.02 of this code. -2- 311.04 FEES. All applications shall be accompanied by a non - returnable license fee as provided in section 1301.02 of this code. Licenses are issued for the calendar year; if a portion of the license year has elapsed when the initial application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. 311.05 GENERAL CONDITIONS OF LICENSE. Subd. L Therapists. The holder of a massage therapy business license shall adhere to the following conditions: a. Hire only massage therapists 18 years of age or older. b. Hire only massage therapists qualified as set forth in section 311.06 of this chapter. C. Maintain necessary hiring records on the premises documenting the training, certification and contact information of each therapist pursuant to section 311.06 of this chapter. Subd. 2. Access to records. The owner, general manager of the facility, or someone authorized to access employment records must be present during business hours and allow city inspection staff access to documentation in order to verify compliance with this section. Subd. 3. Insurance. Each holder of a massage therapy business license shall carry general liability insurance in the amount of $1,000,000. 311.06 EDUCATIONAL REQUIREMENTS. The massage therapy business must maintain records for each massage therapist hired on the premises, furnishing proof that each therapist has met the following: Subd. 1. F,ducational requirement. Each therapist must have: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency or is recognized by the Minnesota Higher Education Coordinating Board or other state agency having jurisdiction over the school. -3- Subd. 2. Areas of training. Each therapist must have a minimum of 500 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, esalen, shiatsu and/or foot reflexology techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ placement and physiology; and C. Hygiene. 31.1.07 EXCEPTIONS TO LICENSING REQUIREMENTS. This section shall not apply to persons in the following professions: Subd. 1. Medical professionals. A state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist or assistant working under the direction of any of the above - described professionals; Subd. 2. Physical therapists. A state licensed physical therapist, athletic director or trainer or an assistant working under the direction of any of the above - described professionals; Subd. 3. Beauticians and barbers. A state licensed beautician or barber, provided treatment is limited to the scalp, face and neck. 311.08 LICENSE RESTRICTIONS AND REGULATIONS. All massage therapy business licensees shall: Subd. 1. Display license. Display current licenses in a prominent location at their place of business; Subd. 2. Identification. Upon demand of any police officer or Shorewood inspections staff at the place of business, produce correct identification; Subd. 3. Location limited. Practice massage therapy only at the location as is designated in the license; Subd. 4. Change in location. Inform the City Administrator /Clerk in writing of any change in location prior to the change; Subd. 5. Use of controlled substances. Refrain from the use of and not be under the influence of alcoholic beverages or any controlled substance as defined in Minnesota Statutes while practicing massage therapy; Subd. 6. Appropriate covering. Require that a person who is receiving a massage shall have his or her genital areas covered with an appropriate opaque covering. -4- 311.09 VIOLATIONS. Subd. 1. Misdemeanor. Every person who commits or attempts to commit, conspires to commit or aids or abets in the commission of any act constituting a violation of this chapter, whether individually of in connection with one or more persons or as principal, agent or accessory shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of a misdemeanor. Each violation of this chapter shall constitute a separate offense. Subd. 2. Convictionlpenalty. Conviction of a violation of this chapter shall be grounds for administrative enforcement pursuant to chapter 104.03 of this code, or suspension or revocation of any license issued hereunder." Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of February 2012. C MAYOR , R/CLERK -5- CITY OF SHOREWOOD ORDINANCE NO. 491 AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOI2EWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section I. Miscellaneous Permits and Licenses, change the Therapeutic massage license fee as indicated: Type of Charge/ Fee Therapeutic massage annual business license fee Amount of Charee/Fee $100 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 13th day of February 2012. Administrator /Cleric CITY OF SHOREWOOD ORDINANCE NO. 492 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO ALLOWABLE FRONT YARD ENCROACHMENTS Section 1. City Code Section 1201.02 is hereby amended to include: "PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually attached to a building, and leading to an entrance of the building." Section 2. City Code Section 1201.03 Subd. 3.c.(2) is amended to read: "(2) For a detached single - family, two - family or townhouse dwelling in any residential zoning district, ramps and other devices for access to buildings and sites by disabled persons in compliance with the Americans with Disabilities Act may encroach into any required front, side or rear setback, provided that a front setback of not less than 20 feet, a rear setback of 20 feet, and side setbacks of not less than five feet shall be maintained. For a detached single - family, two - family or townhouse dwelling constructed prior to 19 May 1986: (a) A one story enclosed entrance may extend into the front yard setback not more than four feet. The entrance shall not exceed six feet in width. (b) A one story open portico may extend into the front yard setback not more than four feet, provided: (i) The length of the portico shall not exceed fifty percent of the width of the silhouette of the building, excluding eaves, as viewed from the street; and (ii) This area shall not be enclosed nor screened with mesh, glass, or other similar material, except for guardrails no higher than 42 inches and at least 60 percent open." Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ATTEST: Jean Panchyshyn, Deputy City Clerk CITY OF SHOREWOOD ORDINANCE NO. 493 AN ORDINANCE AMENDING TITLE 700 OF THE SHORE WOOD ZONING CODE TO INCLUDE CHAPTER 704: FARM AND OTHER ANIMALS Section 1. City Code Title 700 (Animal Regulations) is hereby amended to add: "Chapter 704 FARM AND OTHER ANIMALS 704.01 PURPOSE. The purpose of this ordinance is to establish regulations and controls regarding the keeping of animals other than domestic pets such as dogs and cats, within the city limits of the City of Shorewood. 704.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED CITYPERSONNEL. The Chief of Police, the health authority, their designees, and other personnel assisting in the enforcement of this chapter. RURAL FARMANIMAL. Cattle, mules, sheep, goats, swine, llamas, ostriches, emus, and including, but not limited to, other animals typically maintained in a farm setting but not in an urban setting. URBAN FARMANIMAL. Ducks, geese, turkeys, chickens, guinea hens, bees, and rabbits. MALTREATED ANIMAL. An animal that has not been given adequate food, water, or proper shelter from the weather, veterinary care when needed to prevent suffering and with humane care and treatment, or that has been subjected to the conduct prohibited by Minn. Star. § 343.21. NUISANCE ANIMAL. An animal, conditions caused by an animal, or the improper care and maintenance of an animal that result in running at large, offensive odor, excessive noise or damage to property, so as to disturb the rights of or threaten the safety of a member of the general public, or interferes with the ordinary use and enjoyment of their property. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an owner or owners. PERSON. An individual, firm, partnership, or corporation. PREMISES. A building, structure, shelter, or land where an animal is kept or confined. UNDER RESTRAINT. An animal being within a private motor vehicle of a person, owning, harboring or keeping the animal; or controlled by a leash not exceeding six feet in length. VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. WILD ANIMAL. Any of the following: a. Front - fanged venomous snakes, including the viperidae and elapidae families of snakes, such as rattlesnakes and cobras; b. Snakes over 8 feet in length; c. Reptiles that have the physical ability as an adult to cause substantial bodily injury as defined in Minn. Stat. § 609.02, subd. 7a, to humans and /or domestic animals, such as python snakes and crocodilians; d. Animals that can transmit rabies and cannot be vaccinated against rabies; e. Mammals that as a breed are considered wild by nature because of breeding, history, character, habit, or disposition; and f Mammals that have at least 25 percent of their heritage from mammals specified in subparagraph e, above. g. Specifically, such animals as a wolf, fox, skunk, raccoon, mink, bobcat, deer, and monkey, but not including a fish, bird, ferret, hamster, or gerbil. 704.03 ENFORCEMENT. The Chief of Police or designees will enforce the provisions of this chapter, with the assistance of other personnel when appropriate. 704.04 RIGHT OF ENTRY. Authorized City personnel have the right to enter upon a premises at reasonable times for the purpose of discharging their duties imposed by this chapter when there is reasonable belief that a violation of this chapter has been committed. 704.05 IMPOUNDING OF ANIMALS. Subd. 1. Seizure and impoundment. Authorized city personnel may seize and impound an animal found to be in violation of this chapter. These personnel may enter onto private property to seize and impound animals when: a. They have a reasonable and immediate concern for the animal's health, safety or welfare; b. They have a reasonable and immediate concern for the health and safety of human beings or other animals as a result of the animal's continued presence on the property; or C. They have reasonable cause to believe that a violation of this chapter has occurred or is occurring and that seizure is necessary to prevent further violation, but only after a reasonable effort has been made to contact an occupant of the property. Subd. 2. Interference. A person must not interfere with authorized city personnel impounding an animal, nor refuse to surrender an animal to these personnel. Subd. 3. Cost of impoundment. The animal owner is responsible for costs for the impounding and housing of an impounded animal. 704.06 HEALTH AND MAINTENANCE STANDARDS. Subd, 1. Health standards. The owner of an animal kept in the city must comply with the following standards. a. An animal kept outdoors or in an unheated enclosure must be provided with adequate shelter and bedding to protect it from the sun, rain, snow, and temperatures below 50 degrees Fahrenheit. b. The shelter must include a moisture proof and windproof structure of suitable size to allow the animal to stand in an upright position and to lie down stretched out so that no part of its body need touch the sides of the structure. The structure must be made of durable material sufficient to allow retention of body heat with a solid floor raised at least two inches from the ground and an entrance covered by a flexible windproof material or self - closing swinging door. The structure must be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent to provide insulation and protection against cold and dampness and to promote retention of body heat. The structure must be structurally sound and maintained in good repair. C. In lieu of the requirements of paragraphs a, and b., an animal may be provided with access to a barn with a sufficient quantity of loose hay or bedding and protection against cold and dampness. 3 d. If an animal is confined by a chain, the chain must be so attached that it cannot become entangled with the chains of other animals or other objects. A chain must be of a size adequate to restrain the animal involved and must be attached to the animal by means of a well fitted collar. The collar must be large enough to allow free breathing but small enough to avoid being easily pulled over the animal's head. A chain must be at least three times the length of the animal as measured from the tip of his nose to the base of his tail. e. An animal must be provided with sufficient food and water to meet necessary nutritional requirements. No person shall deposit or cause to be deposited upon any lot or in any street, alley, lake, river or other body of water, sewer or manhole or bury or conceal in any way, a dead animal or part thereof. The owner or other person having charge of an animal at the time of its death shall remove or cause to be removed the dead body of such animal within 24 hours after death to a crematory, sanitary landfill, rendering factory or any other place approved by the Chief of Police or his designee. Subd. 2. Maintenance standards. An owner of an animal kept in the city must comply with the standards below. An action to enforce the provisions of this chapter shall follow the procedures set forth in Chapter 104 of this Code. a. An owner must maintain an animal and the area where it is kept so that no odor that offends the senses of a reasonable person is detected, for more than one day, off the property where the animal is kept. b. An owner must maintain the property where the animal is kept so that there is no erosion, and no drainage of water contaminated by the animal, onto adjacent properties or into public waters or wetlands. C. An owner must manage the feces and other bodily wastes from the animal in a timely and sanitary manner that prevents health risks and prevents odors that are prohibited under paragraph a. above. d. All feed kept for animals shall be stored in animal - proof, galvanized containers. Subd. 3. Veterinary clinic with indoor overnight care and indoor kennels. In addition to the standards established under Subd. 1. above, veterinary clinics with indoor care and indoor kennels, where allowed by zoning, must comply with Minnesota Rules Chapter 9100, as may be amended. 704.07 WILD ANIMALS. Subd. 1. Wild animals prohibited. A person must not keep, own, harbor, or otherwise possess a wild animal within the city, except as provided in Subd. 2. below. Subd. 2. Wild animals allowed. Wild animals may be brought into the city for the purpose of entertainment, education, or display only by the following: a. A zoo operated by a governmental agency or a tax- exempt, non -profit corporation; b. The department of natural resources; C, Other similar public educational or charitable organization; d. A circus; or e. A City - licensed pet shop. An organization listed above may bring a wild animal or animals into the city under this subdivision only if the organization can and does comply with the standards contained in Subd. 3. below. No organization covered by this subdivision may have wild animals within the city on more than 7 days in a consecutive 12 -month period, except that an organization listed above that has a wild animal within the city on the effective date of this section may continue to keep that animal as long as it lives if the organization obtains a permit from the City and complies with the standards specified in Subd. 3. below. Subd. 3. Standards for keeping of wild animals. An organization that has a wild animal must comply with the following standards at all times that it possesses a wild animal within the city. a. A non - governmental organization must have liability insurance to cover potential personal injury or property damage caused by the animal(s), in an amount of at least $300,000 per person per occurrence. b. The animal(s) must be kept in a locked cage or other secure enclosure at all times when the public is allowed to be near them. C. The cage or enclosure must be constructed of sufficient materials so that a person, including a child, cannot put a finger, hand, or another portion of the body into the cage or enclosure so that the animai(s) could touch it. Alternatively, structural barriers may be used to keep the public away from the cage or enclosure. d. Only personnel with adequate training or experience in handling wild animals may have contact with the animal(s) while in the city. 5 e. The animal(s) must be transported to the display location in the city in a secure enclosure sufficient to prohibit potential contact with humans or other animals, except the personnel identified under subparagraph (d) above. f No sale of a wild animal(s) may occur, nor may orders for the sale of wild animals be taken. g. The display location must be inspected by authorized City personnel before the wild ammal(s) may be brought into the city. h. Authorized City personnel must be allowed to periodically inspect the display location during reasonable hours while the animal(s) is /are in the city. If a wild animal bites a person, the animal must be forfeited immediately to authorized City personnel for rabies testing. 704.08 FORFEITURE OF ANIMAL OWNERSHIP RIGHTS. Subd. 1. Forfeiture of rights. The ownership rights of a person owning the following types of animals may be forfeited to the City pursuant to the procedure in this section: a. A public nuisance animal; b. A wild animal; and C. A maltreated animal. In addition, the ownership rights with respect to other animals owned by the same owner may be forfeited if he /she has demonstrated an inability or unwillingness to properly care for or control such animals in order to prevent any of them from becoming a public nuisance animal or a maltreated animal. Subd. 2. Notice. Authorized City personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his /her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. The notice must state that the owner has a right, within 10 days after receiving the notice, to request a hearing before a Hearing Officer appointed under City Code Chapter 104. The request for a hearing must be in writing and must state the reason or reasons for the request. A failure to request the hearing will constitute an admission of the facts alleged in the notice, and the animal will be deemed forfeited to the City. Subd. 3. Findings of fact. If the owner requests a hearing, the hearing will be held in accordance with City Code Chapter 104. The Hearing Officer must make written findings of fact and reach a conclusion whether the allegations are true and whether the animal will be forfeited to the City. The findings and conclusions must be made within 10 working days after the hearing and must be served on the owner personally or by registered mail. The decision of the Hearing Officer is final but may be appealed by a writ of certiorari to the District Court. Subd. 4. Animal confinement. After receiving the forfeiture notice and during the forfeiture proceedings, the owner must keep the subject animal confined within his /her home or within a secure covered enclosure. If the owner fails to do so, or if there is an immediate threat to public health or safety or to the animal's health or safety, authorized City personnel may immediately impound the animal and keep it at the impound facility at the owner's expense until a forfeiture determination has been made. Subd. 5. Forfeiture. If the animal is deemed or ordered forfeited, the owner must immediately give the animal to authorized City personnel, and a failure or refusal to do so is a misdemeanor. Authorized City personnel may use reasonable force and go onto private property to take the animal into custody. Subd. 6. Disposition offorfeited animal. Authorized City personnel will determine on a case by case basis whether forfeited animals are destroyed or given to new owners who will adequately care for and control the animal. 704.09 FARM ANIMALS. Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor, or otherwise possess a rural farm animal within the city. Subd. 2. Urban farm animals. A person may own, keep, harbor, or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in section 704.06 Subd. I. of this chapter. The shelter structure and confinement areas shall be adequately screened to the satisfaction of neighboring property owners as provided in section i.(2) of this subdivision. Screening may be achieved by fencing or landscaping, or a combination of both. C. The urban farm animal must be contained on the property by the use of a fence or other appropriate containment device or structure. d. Roosters are not allowed. e. An urban farm animal must not be kept on residentially -zoned property if it is being used as part of a commercial purpose, whether or not the commercial use occurs on the residentially -zoned property. The ground or floor of the area where an urban farm animal is kept must be covered with vegetation, concrete, or other surface approved by the Shorewood Planning Department, so that it can be, and is, sufficiently maintained to adequately dissipate offensive odors, in compliance with section 704.06, Subd. 2. a. and c. of this chapter. g. The number of chickens, ducks, geese, turkey, guinea hens, or rabbits shall not exceed six (6). h. The number of bee hives shall not exceed four (4). i. Any person having more than the allowable number of animals set forth in paragraphs g. and h. above, at the time of the adoption of this Ordinance shall not replace animals in excess of those limitations. Permit issuance; fees. (1) No urban farm animal may be kept in the City of Shorewood until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official. No permit shall be granted until the necessary fee has been paid and until the Building Official or staff representative has made an inspection of the property and has ascertained that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application including, but not limited to the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property. (b) Architectural plans showing floor plans, building elevations and dimensions. (c) Landscaping plan showing how the shelter structure and confinement areas will be screened from adjoining properties. (2) The applicant for any permit required under the provisions of this chapter shall provide with the application the written consent of 75 percent of the owners or occupants of privately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the permit is being requested or, in the alternative, proof that the applicant's property lines are 150 feet or more from any structure. Where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants of property located on the opposite side of the street. Where a property within 150 feet consists of a multiple dwelling, the applicant need only obtain the written consent of the owner or manager, or other person in charge of the building. (3) Fees: (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the City before the issuance of any permits and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (c) The City Council shall, from time to time, establish a fee schedule by ordinance." Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. 704.10 PENALTY. Violation of this chapter shall be grounds for administrative enforcement pursuant to chapter 104.03 of this code. ATTEST: Jean Panchyshyn, Deputy City Clerk CITY OF SHOREWOOD ORDINANCE NO. 494 AN ORDINANCE AMENDING SECTION 1301.02 OF THE SHOREWOOD CITY CODE RELATING TO THE ESTABLISHMENT OF FEES AND CHARGES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES I. Miscellaneous Permits and Licenses Type of Charge/Fee City Code Reference Existing Fee Add New Fee Farm and Other Animals 704.09 $ 50.00 Section 4. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 26 day of March, 2012. a a Christine LizEe, Mayor ATTEST Jean Panchyshyn, Deputy City Clerk CITY OF SHOREWOOD ORDINANCE NO. 495 AN ORDINANCE RELATING TO CONTROL OF AQUATIC INVASIVE SPECIES WITHIN THE CORPORATE LIMITS OF THE CITY OF SHOREWOOD Section 1. City Code Chapter 902 is herby amended to include the following as a new Section 902.08. Existing Sections 902.08, 902.09 and 902.10 will become Sections 902.09, 902.10 and 902.11, respectively. "902.08 INSPECTIONS FOR AQUATIC INVASIVE SPECIES Subd. 1. Purpose and Intent. The City of Shorewood finds that the uncontrolled spread of aquatic invasive species ( "AIS ") poses an imminent and irrevocable threat to the water resources, property values, enjoyment and habitability of the community. Pursuant to Minn. Stat, Ch. 841), the City has adopted mandatory inspection of AIS as a reasonable measure to contain the spread of AIS within the community. Subd. 2. Compliance Mandatory Inspection. The City of Shorewood does hereby require inspection of water - related equipment for prohibited aquatic invasive species as defined in Minn. Rules Part 6216.0250 prior to entering public waters of the state within the corporate limits of the city. A person who fails to comply with the mandatory inspection of water related equipment as provided by this ordinance adopted in compliance with Minn. Stat. § 841).105 and introduces water related equipment at the point of public access to public waters shall be guilty of a misdemeanor subject to the penal provisions set forth in Minn. Stat. § 609.02. Section 2. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of June 2012. Christine Liz6e, Mayor ATTEST: C Brown, Interim City Administrator erk CITY OF SHOREWOOD ORDINANCE NO. 496 AN ORDINANCE ENACTING AND ADOPTING THE 2012 S -7 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the seventh Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 488 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the seventh supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2012 S -7 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 25th day of June, 2012. ATTEST Zerby,(Oting Mayor rry Brown, Interim City Administrator /Clerk w SHOREWOOD, MINNESOTA Instruction Sheet 2012 S -7 Supplement REMOVE GLD PAGES INSERT NEW PAGES Title page Title page ADOPTING ORDINANCE - EXHIBIT A 13,14 TITLE 100: ADMINISTRATION 100-1,100-2 100-1,100-2 105 -1 through 105 -4 105 -1 through 105 -4 — 110 -1 through 110 -4 TITLE 300: BUSINESS REGULATIONS 300 -1 through 303 -2 300 -1 through 303 -2 308 -1 through 308 -8 3084 through 308 - -8 311 -3, 311 -4 311 -3, 311 -4 TITLE 400: LIQUOR REGULATIONS 401 -3, 401 -4 401 -3, 401 -4 TITLE 700: ANIMAL REGULATIONS 700 -1, 700 -2 700 -1, 700 -2 -- 704 -1, 704 -2 TITLE 1000: BUILDING REGULATIONS 1004 -11, 1004 -12 1004 -11 through 1004 -12B EXHIBIT A CITY OF SHOREWOOD ORDINANCE NO. 497 AN ORDINANCE AMENDING THE SHOREWOOD MUNICIPAL CODE AS IT PERTAINS TO SUPPLEMENTAL FEEDING OF DEER Section 1. City Code Chapter 704.04, Section 3. is hereby deleted. Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of August 2012. a Christine Lizee, Mayor ATTEST City Administrator /Clerk CITY OF SHOREWOOD ORDINANCE NO. 498 AN ORDINANCE ADDING A NEW CHAPTER 612 TO THE SHOREWOOD CITY CODE REGARDING SOCIAL HOSTS Section 1 . City Code Title 600 (Public Safety) is hereby amended to add: "CHAPTER 612 SOCIAL HOST Section 612.01 Findings and Purpose 612.02 Definitions 612.03 Prohibited Acts 612.04 Exceptions 612.01 FINDINGS AND PURPOSE. Subd.1. The city council finds that: a. Consumption of alcohol by persons under the age of 21 is harmful to those persons and constitutes a potential threat to public health from injuries related to alcohol consumption, such as alcohol overdose or alcohol- related traffic collisions. b. Alcohol is also an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. C. As a result, gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 should be prevented as much as possible. d. Gatherings involving underage possession and consumption often occur outside the presence of parents or other responsible adults. However, there are times when a parent or other adult is present and condones the activity, and in some circumstances provides the alcohol. e. Although furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. f A deterrent effect will be created by holding a person criminally responsible for hosting a gathering where underage possession or consumption occurs. Subd. 2. The purpose of this section is to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and to hold persons criminally responsible who host gatherings where persons under 21 years of age possess or consume alcohol, regardless of whether the person hosting the gathering supplied the alcohol or was present. Subd. 3. The city council intends that this ordinance should not target parents who may have alcoholic beverages on their premises but who have issued a standing order that alcohol is not to be consumed by underage persons on those premises. 612.02. DEFINITIONS. Subd. 1. For purposes of this section, the following terms have the meanings given: a. ALCOHOL means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. b. ALCOHOLIC BEVERAGE means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one -half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. C. GATHERING means a group of three or more persons who have assembled or gathered together for a social occasion or other activity. d. HOST means to aid, conduct, sponsor, organize, supervise, control, or allow a gathering. e. PARENT means a person having the following relationship to a juvenile: (1) a natural parent, adoptive parent, or step - parent; (2) a legal guardian; or (3) a person to whom legal custody has been given by order of a court. f PERSON means an individual, partnership, co- partnership, corporation, or an association of one or more individuals. PERSON does not include a city, county, or state agency. g. PREMISES means any location, including a home, yard, farm, field, land, apartment, condominium, hotel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. h. UNDERAGE PERSON means an individual under 21 years of age. 612.03. PROHIBITED ACTS Subd. 1. It is unlawful for a person to host or allow a gathering on any premises if: a. the person knows that alcohol or alcoholic beverages will be present; and b. the person knows that an underage person will attend, or is likely to attend; and C. the person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages by an underage person; and d. an underage person consumes an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, at the gathering. Subd. 2. Examples of reasonable steps include: a. directing, on a one -time basis or as a standing order, that no consumption of alcohol and alcoholic beverages is allowed; or b. controlling access to alcohol and alcoholic beverages; or C. checking identification of attendees to determine age; or d. supervising the activities of underage persons at the gathering either in person or through a responsible adult. Subd. 3. A person is not criminally responsible under this ordinance if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does not know that an underage person will be or is likely to be present. However, if a person has the knowledge specified in paragraph 1 above, a person who hosts a gathering does not have to be present at the gathering to be criminally responsible. Subd. 4. A person is criminally responsible for violating paragraph 1 above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. 612.04. EXCEPTIONS. Subd. 1. This section does not apply to conduct of an underage person that is permitted by his or her parent and occurs in the parent's household. Subd. 2. This section does not apply to a legally protected religious observance. Subd. 3. This section does not apply when an underage person is lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. Subd. 4. This section does not apply to the holder of a liquor license issued under section 600 of this code, but it does apply to a person who hosts a gathering at such a liquor establishment. Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of August, 2012. 0%� -L;zd� Christine Lizee, Mayor 0 S. Joy'nes, fntd#im City Administrator /Clerk CITY OF SHOREWOOD ORDINANCE NO. 499 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO ACCESSORY APARTMENTS Section 1. City Code Section 1201.02 is hereby amended to include: ACCESSORYAPARTMENT. A small apartment that meets the standards of Section 1201.03 Subd. 22. of this Code and is located within and is subordinate to an owner occupied single family dwelling. An accessory apartment shall not be considered to be a dwelling unit even if it allows fully independent living." Section 2. City Code Section 1201.03 is amended to include: "Subd.22. Accessory Apartments. a. Purpose. The purpose of allowing and regulating accessory apartments in single family dwellings is to: 1) increase the diversity of housing options for residents; 2) encourage better utilization of existing housing stock; 3) protect the safety of residents and the stability, property value, and character of residential neighborhoods. b. Conditional Use. Accessory apartments shall be allowed by conditional use permit in the following zoning districts: R -1A, R -1B, R -1 C, R -1D, R -2A, R -213, R -2C and in the P.U.D. that allow single- family residentiall dwellings. C. Standards. Accessory apartments are subject to the provisions of Section1201.04 of this Code. h1 addition, the following standards shall apply: (1) The accessory apartment shall be clearly a subordinate part of the single - family dwelling. In no case shall the accessory apartment be more than forty (40) percent of the building's total floor area nor have more than two (2) bedrooms. (2) The principal unit shall have at least 700 square feet of living space remaining after creation of the accessory apartment, exclusive of garage area. Accessory apartments shall have at least 475 square feet of living space. Living space square footage for the accessory apartment shall be exclusive of utility rooms, common hallways, entryways or garages. At minimum, living space for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room. (3) No front entrances shall be added to the house as a result of the accessory apartment permit. (4) An addition to the original building is permitted provided that the addition does not increase the floor area or volume of the original building by more than twenty (20) percent, and the addition will not alter the character of the building. (5) The owner of the residence in which the accessory apartment is located shall occupy the dwelling unit itself or the accessory apartment. (6) Occupancy of the accessory apartment shall be limited to persons related by blood, marriage, or adoption to the owner of the residence. In cases where the accessory apartment is occupied by the owner, occupancy of the dwelling unit itself shall be limited to persons related to the owner by blood, marriage or adoption. Exception: the occupancy limitations stated herein shall not apply to one adult live -in care- provider serving the needs of the primary occupant(s), provided that if the care- provider resides on the premises for more than 30 days, notice must be given to the Zoning Administrator. (7) The owner of the single - family residence shall enter into a Residential Use Agreement with the City stipulating that the home will not be used except for single - family residential purposes and that the accessory apartment shall not be rented out in the future to anyone not related by blood, marriage, or adoption to the owner. Prior to occupancy of the accessory apartment the owner shall provide evidence to the City that the Residential Use Agreement has been recorded with Hennepin County. (8) Any property for which an accessory apartment is proposed shall have, at minimum, three off - street parking spaces, two of which must be enclosed. Any parking provided pursuant to this section shall be located in a garage or an approved driveway. (9) The accessory apartment and principal unit must meet the applicable standards and requirements of the Building Code, Fire Code and the Shorewood Rental Housing Code. (10) The building and property shall remain in single ownership and title and shall only have one mailing address. (11) Only one accessory apartment permit may be issued per detached single family home." -2- Section 3. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of September 2012. 0 "560.- 4 s Christine Liz6e, Mayor ATTEST: City Administrator /Clerk all