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1961 Ord 29-36 . "TTTT ~ TT ~T""""""TT~ * LEGAL NOTICE ORDINANCE NO. 29 AN ORIDINANGE TO LICENSE AND REGULATE COMMERCIAL BOAT DOCKS, WHARVES, AND COMMERCIAL BOATS AND BARGES, AND STORAGE FACILIT]ES WITHIN THE ViILLAGE OF SHOREWOOD AND PROVIDING A PENALTY FOR VIOLATION THEREOF SE'CTION 1. License required cammercial dackage NQ pers'On, firm 'Or cQrp'Oratian shall 'Operate, carry 'On a CQmmer- cial boat dQck business 'Or be en- g1aged in the trade 'Or business 'Of dacking 'Or staring 'Of baats with- in the cQrpQrate limits 'Of the Vil- lage 'Of ShQrewQad withaut having first obtained a license ta da sa. Any perSQn, firm 'Or cQrparatian desiring a license ta engage in the business 'Of 'Operating a CQm- mercial d'Ock 'Or baat storage busi- ness shall make applicatian in writing to the Village Cmmcil 'Of the Village 'Of ShQrewaad, which applic'atian shall be signed by the applicant and filed with the clerk of the Village 'Of SharewQQd, and shall set fQrth the name and resi- dence 'Of the applicant and the eXjact lacatiQn 'at which the appli- cant prQPQs'es to carry an s,aid business and whether he is then 'Or has heretafare been engaged in said business. The clerk shall present s'aid applicatiQn tQ the Village CQuncil 'at its next regu- lar meeting after the filing there- 'Of. NQ license shall be issued by the Village Council pursuant ta this s:ectian fQr any persan, firm, 'Or carpQratiQn to engage in the trade 'Or 'business 'Of dacking 'Or storing 'Of cammercial baats with- in the carparate limits 'Of the Vil- lage 'Of SharewQod! except when such business is to be c'arried an within the commercial ZQne 'Of the Village 'Of Sharewaad as defined by the Village 'Of SharewaQd ZQn- ing Ordinance, 'Or is entitled to 'Operate said business as a nQn- canfarming us'e in aeoo,rdance with the Village 'Of Sharewaad Zoning Ordinance. SECTION 2. RegulatiQn 'Of cammercial starage facilities In the event baat stQrage facilities . - are pravided, the bQats shall be stared in such a manner sa as nat tQ create a fire hazard and any gasQline ,'Offered far sale 'Or stared 'On the premises shall be placed in tanks 'Or c'antainers as may be re- quired by the Villag1e Cauncil un- dergrQund 'Or such distance fram the starage facilities s'a as nat to create 'a danger in the cammunity. SECTION 3. Definiti'On 'Of pers'Ons engaged in the trade 'Or business 'Of d'Ocking or storing 'Of b'Oats and 'Operation 'Of c'Ommercial d'Ocks. Any persan, firm 'Or carpQrati'On wha awns 'Or us'es bQats 'Or barges in the furtherance 'Of their busi- ness' and pravides space far dQck- ing and staring 'Of said boats 'Or barges upan praperty awned, rent- ed 'Or occupied, by said persan, firm 'Or ,carparatian shall be con- sidered, far the purpase 'Of this 'Ordinance, as being engaged in the busines,s 'Of 'Operating a cam- me'rcial bQat dQ'ck. Any persQn, firm 'Or carparatian whQ rents '0'1' pro.vides space fQr dQcking 'Or staring 'Of three 'Or mo.re bQats belanging ta a perSQn ather than himself within the CQr- parate limits 'Of the Village 'Of SharewQad far gain 'Or 'Other re- numeratio.n shall be cansidered, far the purpase 'Of this 'Ordinance, as being engaged in the trade 'Or business 'Of do.cking or staring 'Of ba'ats'. SECTION 4. License fee fQr c'Ommercial dQckage and starage facilities. The amaunt to. be paid for a Heense required by Sectian 1. here- o.f, shall be the SiUm of $25.00 per year. Each license shall expire 'On December 31st 'Of each year. SEOTION 5. Regulations gaverning constructian and maintenance of commercial docks. NQ commercial dack shall extend furtheir into. the waters 'Of Lake Minnetanka than is reasanably ne- cessary tQ acco.mmadate the dack- ing of such craft as shall custo.m- arily and lawfully he used upan the water 'Of Lake Minnetanka so as to interfere with, 'Obstruct 'Or tend ta 'Obstruct '0,1' render danger- aus far use 'Or pass'age a bady 'Of water within the primary habar limits of the Village. All such cammercial dacks and wharves shall be canstructed and maintain- edo.f such materials and 'Of such type 'Of 'cQns,tructio.n as will nat nmder the same unsafe 'Or apt ta endanger public enjayment 'Of the waters. SECTION 6. Inspection The Village Council 'Or such ot- ficer ,as may be designated by the Villag'e CQuncil fQr the purpase may, 'at any reasanahle time, in- spect 'Or cause ta be inspected any such cammercial dack 'Or wharf; and, if it shall appear that such dQck or wharf has no.t been can- struded or is nat being maintain- ed in accardance with the applica- Uo.n therefQr as appraved by the \Tillage CQuncil 'Or in accardance with the terms 'Of this ordinance, the Village Cauncil, by its clerk, shall natify the 'Owner there'Of in writing 'Of the way: '0'1' ways in which such dackOO' wharf daes nat camply with the within 'Or- dinance, after which said 'Owner will have ten days to. remQve such dock 'Or wharf or to. make the same camply with the terms 'Of the applicatian and the issuance of the license therefQrr may be revaked by the Village C'Ouncil and natice thereQf in writing, mail- ed tQ the 'Owner 'Of said dock 'Or wharf at the address given in the applicatian. Failure to have a valid license in farce shall be prima facie evidence 'Of a viala- tian of this 'Ordinance. SECTION 7. Penalty far violation. Any persan,. firm 'Or carporatian who. shall vialate any 'Of the prQ- visiQns ,of this aTdinance shall be guilty 'Of ia misdemeanar and shall be punished by a fine 'Of nQt to exceed $100.00 'Or by imprisanment far a periad 'Of nat ta exceed ninety days. SECTION 8. This 'Ordinance shall be in full force and effect fram and after its passage and publicatian accard- ing tQ law. Passed by the Village Cauncil 'Of the Village 'Of Sharewood this 13th day 'Of February, 19'61. LESTER R. BADGER, Mayar ATTEST: E'LSA I. WILTSEIY, Clerk (Published in the Minnetanka Recard February 213, 19'61) Village of Shorewoocl Subdivision Ordinance . . ORDINANCE NO. 30 AN ORDINANCE FOR THE PURPOSE OF PROMOTING ORDERLY AND SYSTEMATIC PLANNING OF SUBDIVISIONS IN THE VILLAGE OF SHOREWOOD, MINNESOTA The Village CQuncil Qf the Vil- lage Qf ShQrewQQd do. ordain: SECTION I GENERAL PROVISIONS A. Shart Title This ordinance shall be knQwn as the "Village Qf Shorewood Sub- divisiQn Ordinanee". B. Purpose Each new subdivisiQn becQmes a permanent unit in the basic phy- sical structure af the future cam- munity, a unit to which the fu- ture cammunity will of necessity be fQrced to. adhere. Piecemeal planning af such slubdivisians, withQut cQrrelatian to. the CQm- munity's plans and planning stan- dards, will bring a disastrous, dis- cannected patchwQrk of plats and PQQr circulation Qf traffic. In o.r- der that new subdivisions will co.n- tribute to.wardan attractive, ar- derly, stable and whQlesame com- Im:nity enviranment, adequate mu- nicipal services, and safe streets, all subdivisians hereafter platted within the Village shall fully com- ply with the regulatians herein- after set farth in this ardinance. C. Interpretatio.n In their interpretation and ap- plicatiQn the pravisio.ns o.f this Qrdinance shall be the minimum re- quirements adQpted fQr the pro- tectian af the public health, safety and general welfare. D. Scape Except in the case af resubdi- vision, this ordinance shall not ap- ply to. any lat or lats farming a part Qf a subdivision recarded in the affice Qf the Register af Deeds, ar Registrar af Titles priar to. the effective date af this ardinance. Nar is it intended by this ardi- nance to. repeal, abragate, annul ar in any way impair ar interfere with existing prQvisian af ather laws ar Qrdinal!JCes except thase specifically repealed by, ar in can- flict with, this ardinance, ar with private restrictiQns placed upan prQperty by deed, cavenant 0.1" Qther private agreement, 0.1" with restrictive covenants running with the land to. which the Village is a p,arty. Where this ardinance imposes a greater restrictian upon . l:md than is impased 0.1" required by such existing pl'Qvisions of law, Qrdinance, CQntract Qr deed, the pravisiQns af this ardinance shall cQntrQl. SECTION II. DEFINITIONS FQr the purpases af this Or- dinance, certain wards and terms used herein are defined as, fal- IQWS and shall have thes,e mean- ings unless it shall be apparent frQm the CQntext that different meanings are intended: VILLAGE PLAN This includes all plans af the Village Council ar Planning OammissiQn fo.r land us!e, transpartatiQn facili- ties, and cammunity facilities. SUBDIVIDER Any perSQn com- mencing prQceedings under this Ordinance to effect a sub- division af land hereunder far himself ar fQr another. SUBDIVISION The divisiQn elf a parcel af land into two. ar mQre lats ar parcels, far the purpose of transfer af awn- ership ar building develap- ment. The term includes re- subdivisian and, when appro- priate to the can text, shall re- lateto the process af subdi- viding 0.1" to. the land subdivid- ed. PRELIMIN ARY PLAT The pre- liminary map, drawing 0.1" chart indicating the propased layout o.f the subdivisian to. be submitted to. the Planning Commissian and Cauncil fQr their consideratio.n. FINAL PLAT The final map, drawing 0.1" chart an which the srubdivider's' plan elf sub- divisian is presented to the Village Council far approval and which, if appro.ved, will be submitted to the County Register af Deeds 0.1" Regis- trar af Titles. BLOCK A parcel Qf land cQntain- ing ane 0.1" more lats and bQunded an Qne 0.1" more sides by a street. LOT A parcel af land in a srub- division 0.1" plat o.f land, sepa- rated fram ather parcels 0.1" portians by descriptions as on a subdivisian o.r by metes and bounds, far the purpose af sales ar lease ar separate use thereof. STREET A way far vehicular traffic, whether designated as a street, hig'hway, tharaugh- fare, parkway, thraughway, l'Qad, avenue, lane, place 0.1" hQ,wever atherwise designated. STREET WIDTH The shQrtest distance between the lines de- lineating the right-Qf-way of a street. THOROUGHFARE A fast ar heavy traffic street o.f CQn- siderable cantinuity and used primarily as a traffic artery far intercammunication amang large areas. COLLECTOR STREET A street that carries traffic frQm minar streets to tharo.ughfares. It includes the principal entrance streets Qf a residential de- velo.pment and pI" i n c i p' al streets for circulatio.n within such develo.pment. MINOR STREET A stl'eet af lim- ited cantinuity used primarily fQr aecess to the abutting pro.perties and the local needs af a neighbarhood. MARGINAL ACCESS STRE,ET A service drive 0.1" mino.r street that is parallel and adjacent to. a thQraughfare and which prQvides access to. abutting prQperties and pro.tection fro.m thrQugh tralffic. CUL-DE-SAC A minar street with o.nly one o.utlet. EASEMENT A grant by an o.wn- er o.f land fo.r the specific use o.f said land 'by the public generally, 0.1" to a perso.n 0.1" perso.ns. ENGINE,iER The perSQn 0.1" per- So.nS, individual o.r corpo.r.ate, designated from time to. time by the Village Council as the Village Engineer. PERSON Any individual, firm, association, syndicate 0.1" part- nership, co.rporatio.n, trust, or any o.ther legal entity. OWNER Any individual, firm, association, s,yndicate, co-part- nership, carpo.ratiQn, trust or any other legal entity having sufficient prQprietary interest in the land So.ught to. be su'b- divided to CQmmence and main- tain proceeding to. subdivide the same under this Ordinance. FRONT SET BAOK AREA. The area between the street right o.f way line and a line located 35 feet back fram said right of way line. SECTION III. PRELIMINARY PLAT A. Procedure 1. The subdivider shall submit . to the Village Clerk. a) Four copies of the prelimi- nary plat. b) A cash fee of $15 plus one dollar for each lot. This fee will be used for the expens- es of the Village in connec- tion with approval or dis- approval of said preliminary plat. 2. The Village Clerk shall then: a) Set a public hearing before the Planning Commission on the preliminary plat, which shall be held at the next regular meeting of the Plan- ning Commission, but not earlier than 10 days after submission, of the prelimi- nary plat. Notice of said hearing shall be published in the official Village news- paper at least five days prior to -the hearing. The newspaper notice shall in- clude an easily understood description of the area to be subdivided. The cost of the notice shall be paid by the subdivider in addition to the cash fee for other expenses. b) Reiter one copy of the pre- liminary plat to the Plan- ning Commission and one 'Copy to the Village En- gineer. 3. The Village Engineer shall submit his report to the Planning Commission on or before the hear- ing on the preliminary plat. This report shall be on the feasibility of s.treet location and construction and on any drainage problems that might be encountered. 4. The Planning Commission shall conduct the hearing on the preliminary plat and shall make its report within five days after such hearing. The primary func- tion of the Planning Commission in reviewing a preliminary plat is to determine - whether such plat conforms to the design standards set forth in the ordinance. The Planning Commission may approve a preliminary plat subjeot to cer- tain revisions and may delegate its staff or one of its mem1bers to see that the further revisions conform to the intent of the Plan- ning Commission. 4. The Council shall act on the, preliminary plat within 60 days of the date on which it was filed with the Village Clerk. If the report of the Planning Commis- sion has not been received in time to meet this requirement, the Coun- cil may act without such report. Approval of a preliminary plat by the Council is tentative only, involving merely the general ac- ceptability of the layout. Subse- quent approval will be required of the engineering proposals, pertain- ing to storm drainage, grading, gradients and roadway widths and the surfacing of streets, which . . will be considered in connection with the final plat. If the preliminary plat is not approved by the Council, the .rea- sons for such action shall be re- corded in the proceedings of the Council and transmitted to the ap- plicant. B. Data Required 1. Scale: I inch to 100 feet, if pos-sible. Otherwise, 1 inch to 50 feet or 200 feet. 2. Identification and Description: a) Proposed name of subdi- vision. The subdivider shall indicate that (the proposed name does not duplicate or resemble in pronounciation the name of any plat there- tofore recorded. b) Location by section, town, range or by other legal description. c) Names and addresses of the owner, subdivider, sur- veyor and designer of the plan. The subdivider shall submit a statement that he has the area being subdivid- edunder ownership or con- trol. d) Graphic scale. e) North-Point. f) Date of preparation. 3. Existing conditions in tract and in surrounding area to a distance of 100 feet: a) Boundary line of proposed subdivision, clearly indicat- ed. b) Any non-residential :roning districts. c) Total approximate acreage of proposed subdivision. d) Platted streets, railroad right of way and utility easements. e) Boundary lines and owner- ship of adjoining unsubdi- vided land. f) Permanent buHdings and structures. g) Sewers, water mains, cul- verts or other underground facilities. h) Top 0 g rap h y, showing lakes, watercourses, marsh areas, and contours at ver- tical interv:als of not more than two feet, except that contour lines shall be no more than one hundred feet apart. Contour lines shall be shown by means of dash- ed lines on the preliminary plat. i) Wooded areas. j) Other information, such as soil tests, if requested by Village Engineer. 4. Subdivision Design Features: a) Layout of proposed streets, showing right-of-way widths and names of streets. The name of any street hereto- fore used in the Village or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. The street layout shall include all contiguous land owned or controlled by the subdivider. b) Location and widths of proposed pedestrian ways and utility easements. c) Layout, numbers, dimen- sions and square footage of lots. d) Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. e) Proposed use of all par- cels, and if zoning change is contemplated, proposed rezoning. f) All plats shall have all Iots consecutively n u m b ere d clockwise in each block and shall contaIn at least one or more blocks which shall also be consecutively num- bered. SECTION IV. FINAL PLAT A. Procedure: 1. Unless an extension of time is requested by the subdivider and granted by the Council, the subdivider shall within six months following approval of the preliminary plat, wbmit to the clerk; a) Five copies of the Final Plat. This Final Plat shall incorporate all changes re- quireiI by the Council. Oth- erwise it shall conform to the preliminary plat. The Final Plat may constitute only that portion of the Pft- liminary plat which the sub- divider proposes to record and develop at the time. If the Final Plat is not sub- mitted within six months, the approval of the pre- liminary plat shall be con- sidered void. b) An up-to-date certified ab- stract of title, registered property report or such other evidenoe as the Vil- Iage Attorney may require ~howing title or control in the applicant. 2. The Clerk shall refer copies of the Final Plat to the En- gineer and utility companies. The Clerk shall refer such ab- stract of title, registered prop- erty report or such other evi- dence of title to the Village Attorney for his examination and report. 3. The reports of the Village Attorney and Village En- gineer shall be submitted to the Council within fifteen days after filing of the Final Plat. The Village Engineer shall state whether the Final Plat and the proposed im- . provements conform to the en- gineering standards and spe- cification established in this Ordinance. 4. The subdivider shall pay the fees O'f the Village Engineer and the Village Attorney for their services and reports in connection with the Final Plat. 5. The Council shall ad on the Final Plat within 6{) days of the date on which it was filed with the Clerk. No Final Plat will be approved that: a) Does not comorm to the preliminary plat; b) Does not meet the design standa~ds and engineering specifications set forth in this Ordinance. 6. Ii fue Final Plat is approved by the Council, the subdivider shall record it with the Coun- ty Register of Deeds or Reg- istrar of Titles within 30 days after the date of approval; otherwise the apprO'val shall be considered void. 7. The subdivider Shall, immedi- ately upon recording, furnish the Clerk with two prints of the Final Plat shO'wing evi- dence of the recording. B. Data Required 1. Indication (;Jf type of water supply, sewage disposal, drain- age and flood control. 2. Soil borings if required by Village Engineer. 3. Evidence that ground water control is at least 10 feet be- low level of finished grades or plan for solving ground water problems. 4. Any supplementary engineer- ing data required by the Vil- lage Engineer. 5. Data required under Ngula- tion of County Surveyor-ac- curate angular and lineal di- mensions for all lines" angles, and curvatures used to de- scribe boundaries, s t l' e e t s, easements, areas to be re- served for public use, and other important features. Di- mensions <Xf lot lines shall be shown in feet and hundredths. 6. When lots are located on a curve or when side lot lines are at angles other than 90 degrees, the wid1Jh of the building setback line shall be Shown. 7. An identification system for all lots and blocks. 8. True angles and distanees tied to the nearest established street lines or official monu- ments (not less than three) which shall be accurately de- scribed in the plat. 9. Village, county, 0'1' section lines accurately tied to the lines of the subdivision by dis- tances and angles. 10. Complete curve data, includ- ing radii, internal angles, . . points and curvatures, tangent bearings,and lengths of all arcs. 11. Accurate location of all monu- ments. 12. Certification by a registered land surveyor to the etffect that the plat represents a sur- vey made by him and that monuments and mar k e l' s shown thel'eon exiSJt as located and that all dimensional and geodetic details are cO'rrect. 13. Notarized certification b y Owner, and ,by any mortgage holder of record, of the adop- tion of the plat fuld the dedi- cation of streets and otJher public areas. 14. Certifications showing that all taxes currently due on the property to be subdivided have been paid in full. 15. Form for approval: Approved by the Village of Shorewood this - day of 19-. SECTION V. DESIGN STANDARDS A. Streets 1. General Design. '.Dhe design of all stl'eets shall be considered in their relation to: public safety; existing and planned streets; ef- ficient circulation of traffic; topo- graphical conditions; runoff of storm water; and proposed uses of the land to be served by such stl'eets. The arrangement of streets in new subdivision shall make provi- sions for the appropriate continu- ation of existing streets in adjoin- ing areas. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper pro- jection of streets. When a new subdivision adjoins uns'llbdivided land susceptible to being divided, then the new streets shall be carried to fue boundaries of s~1ch unsubdivided land. 2. Width. All right .. of - way widths shall be a minimum O'f 50 feet except where a wider mini- mum width is shown on the Vil- lage Plan. 3. Reverse Curves. Tangents of at least 50 feet in length S'hall be h;troduced between reverse curves on collector streets,. 4. Street Grades. All center line gradients shall be at least 0.3 percer:t, and shall not exceed the following 6 percent. 5. Minor Streets. Minor streets sha;} be so aligned that their use by through traffic will be dis- (o'"raged. 6. Street Jogs. Street jogs with c~nter-line offs,ets of less than 125 feet shall be avoided. 7. Safe Intersections. It must be evidenced that all street inter- sections and confluences encourage safe and efficient traffic flow. 8. Alleys. Alleys are not per- mitted in residential areas. 9. Cul-de-Sacs. Maximum length cul-de-sac s'treets shall be 500 feet measured along the center line from the intersection of origin to end of right-of-way. Each cul-de- sac shall be provided at the closed end with a turn-around having an outside roadway diameter of at least 100 feet, and a street prop- erty line diameter at least 120 feet. 10. Half-Streets. Half streets shall be prohibited, e~cept where essential to the reasonable devel- opment of the subdivision and ad- joining rnsubdivided areas. 11. l~eserve Strips. Reserve strips controlling access to streets shall be prohibited except under condi- tions approved by the Council. 12. Private Streets. No new pri- vate streets shall be approved nor shall pI,blic improvements be ap- proved for any private SJtreet which may hereafter be created or attempted to be created. 13. Hardship to Owners of Ad. joining Property Avoided. The street arrangements shall not be such as to cause hardship to own- ers of adjoining property in plat- ting their own land and providing convenient access to it. 14. Street Interval. In general, provisions shall be made at inter- vals not exceeding one-half mile for through streets (streets run- ning through the subdivision in a fairly direct manner). 15. Intersections. In g en era 1, streets shall intersect at right angles. 16. Corners. Property lines at residential street corners shall be rounded on a radius of not less than 10 feet and curb line on a radius of not less than 20 feet. B. Easements 1. Utilities. Easements at least 10 feet wide, centered on rear and other lot lines, shall be provided for utilities, where necessary. They shall have continuity of alignment from block to block. At deflection points, easements for pole-line anchors shaH be provided where necess.ary. 2. Drainage. Where a subdivi. sion is traversed by a water course, there shall be provided a drainage way, channel 0'1' drainage right-of- way conforming substantially with the lines of suCh water course, to- gether with such further width or construction O'f both, as will be adequate for storm-water run-off. C. Blocks 1. Length. Block lengths shall not exceed 1500 feet and, if pos- sible, Should not be less than 400 feet in length. 2. Arrangement. A block shall be so designated as to provide two tiers of lots, unless, it adjoins a railroad or limited access highway and unless topographic conditions necess,itate a single tier of lots. 3. Pedestrian Ways. In blocks over 1200 feet long, a pedestrian way or easement may be required .. in locations deemed necessary to public health, convenience and ne- cessity. Such an easement shall not be less than 15 feet in width. D. Lots 1. Location. All lots shall abut on a publicly dedicated street. 2. Size. All lots shall be at least 40,000 sq. ft. in area. 3. Width. All lots shall be at least 100 feet wide at the front set-back line. 4. Corner lots. Corner lots shall be platted at least 15 feet wider than the minimum width required. 5. Side lot lines. Side lines of lots shall be substantially at right angles to the street line. 6. Water Courses. Lots abut- ting upon a water cours'e, drain- age way, channel or stream shall have an additional depth or width, as required to assure house sites that are not subject to flooding. 7. Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic spots or similar conditions, which if preserved will add attrac- tiveness and stability to the pro- posed development. 8. Lot Remnants. All remnants of land below minimum lot size left over after subdividing of a larger tract must be added to ad- jacent lots, rather than allowed to remain as unusable parcels. How- ever, outlots may be used if there is a reasonable likelihood 1ihat fu- ture subdivision of adjoining land will absorb these outlots into stan- dard lots. 9. Lots Along Thoroughfares. In new subdivisions there shall be no direct vehicular access from resi- dential lots to a major thorough- fare. Residential lots shall be sepa- rated from major 1ihoroughfares and railroad ri~hts-of-way by a 25 foot buffer strip, which may ,be in the form of added depth or width of lots backing on or siding on a thoroughfare or railroad ri~ht-of-way. A screen planting easement shall be granted to 1ihe Village and shown upon the plat for the 25 foot buffer strip, if it adjoins a major thoroughfare. E. General The proposed subdivision shall, in all respects, conform to the Village plans. SECTION VI. PUBLIC LAND Because a new subdivis,ion cre- ates a need for recreation aril8S and other public uses, as well as for streets, 8% of 1ihe total area of each new subdivision or its equivalent shall be dedicated for such use. Such area must be suit- able for public use and shall con- form to the Village Plan. The subdivider shall, if the Village Plan does not show a propoeed site larger than 8% of the subdi- vision, have the option in place of dedicating recreation area for public use, to pay into the village park fund a sum of money equal . . . to 8% of the value of the raw land contained in the proposed sub- division; the value of the raw land s.hall be determined by the village assessor. In addition, wherever the Vil- lage Plan shows a propos,ed pub- lic site larger than 8% of the sub- division, the preliminary plan and final plat shall show such pro- posed site, and the Village shall have one year in Which to pur- chase the additional area. If such purchase has not been made with- in the year, the subdivider may proceed to subdivide the site, ex- cept the area dedicat'ed under the 8% requirement. SECTION VII. REQUIRED IMPROVEMENTS Before the Council approves a Final Plat, the subdiver shall give satisfactory ass,urance that he will provide the following improve- ments: A. Monuments Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as shown on the final plat and as required by the Engineer. Pipes or steel rods Shall be placed at the cor- ners of each lot and at each in- tersection of street centerlines. All U. S., state, county or other official bench-marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. B. Streets The traveled surface of all streets shall be not less than 30 feet in width. They shall have applied to them not less 'than 8 inches of screened or crushed, packed gravel with two coats of tar, one being a penetration coat, and one being a seal coat. C. Drainage Facilities Such facilities and easements shall be installed as will ade- quately provide for the drainage of surface waters. D. Tree Planting Trees having a trunk diameter (measured 12 inc'hes above the ground) of not less than one and three-fourths inches shall be planted along all streets where trees do not exist, and UQt less than one per lot. This requirement will be satisfied, and it is preferable if an equiva- lent number of the same s,ize exist or are planted in a natural- istic way in the front yards of the lots. The trees shall be planted in at least one cubic yard of growing soil, and shall survive one growing season or be replaced. E. Street Name Signs These shall be placed at all street intersections, within or abutting the subdivision. The Village shall install the signs, and the cost of the sign shall be paid by the developer. F. Financing Before a Final Plat is approved by the Council, the subdivider shall submit an agreement and performance bond in such form as approved by the Village Council to assure the following: 1. The subdivider shall pay for the cost of all improvements re- quired in the subdivision and the subdivision's share of costs of trunk facilities to be extend- ed to the subdivision. 2. Guaranteed completion of the required improvements within two years from the date of ap- proval of the Final Plat by the Village Oouncil. 3. Payment by the subdivider to the Village Engineer and Attor- ney for review of plans and spe- cifications and for subs,equent inspections by the Village En- gineer. 4. The amount of the perform- ance bond shall be determined by the Council upon recommen- dation of the Village Engineer. G. Inspection All improvements required on site as described under engineer- ing standards shall be inspect.- ed during oonstruction by 1ihe Village Engineer at the expense of the subdivider. This inspec- tion shall include aggregate samples, samples of road sur- facing materials and visual in- spection of projects during the installation of work. SECTION VIII. OTHER PROVISIONS A. Variances and Exceptions Where there are practical diffi- culties or unnecessary hardships in the way of carrying out the strict letter of 1ihe provisions of this ordinance, the Village Council, shall upon four-fifths affirmative vote of the total membership of such Council have the power to vary the re- quirements of this ordinance in harmony with the general pur- po,se and intent hereof, so that the public health, safety, and general welfare may be secured and substantial justice done. B. Interpretation 1. No other method of platting or subdividing of real estate other than by the procedure set forth in these regulations is recognized in the Village of Sho:rewood. Registered Lan d surveys shall not be used for the purpose of subdividing prop- erty into lots; any attempt to do so by property owners shall be interpreted by the Village Council merely as an easier and more efficient method of hand- ling land described by metes and bounds descrip'tions,. No Registered Land Survey hereinafter filed against proper- ty located within this Village shall have a tract designated upon it which shall be smaller in dimension or area than the minimum provided for platted .. lots in this ordinance. No build- ing permit shall be issued by any governing body or official or its or his agents for 1Jhe con- struction of any building, struc- ture or improvement on any tract contained in a Registered Land Survey hereafter filed against land within this Village which Registered Land Survey contains a tract that is smaller in dimension or area than the minimum dimension or area pro- vided for platted lot in this or- dinance unless prior to the fil- ing of said Registered Land Survey the same had been ap- proved by the Village Council or, after filing of a Registered Land Survey, without such ap- proval, the Village Council sub- sequently approves such Regis- tered Land Survey by a four- fifths vote of the total member- ship thereof. 2. No unplatted land within the limits of the Village of Shore- wood shall, unless such parcel is a separate parcel of land of record at the time of adoption of this ordinance or unless the agreement to convey such par- cel has been entered into at the time of adoption of this ordi- nance and the instrument of COD- veyanee is recorded or regis- tered within six mon1Jhs from said date, hereafter be conveyed by metes and bounds description unless the area of the said par- cel shall be not less than 40,000 square feet, unless a variance is first obtained from the Vil- lage Council in accordance with Subdivision A of this section; however, nothing in 1Jhis ordi- nance shall prohibit conveyance by metes and bounds description 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 so as to in- crease the size of such adjacent tract or parcel of land, provided that the remaining portion of sOOh tract being so divided shall not be less than 40,000 square feet in area, unless such re- maining tract is also added to and combined with and become a part of some other adjoining tract. C. Building Permits No building permit shall be is- sued by any governing body or official for the construction of any building, structure or im- provement on any land hence- forth subdivided or conveyed un- til 8111 requirements of this Or- dinance have been :fully complied with. D. Validity If any section, subsection, sen- tence, clause or Phrase 'Of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the . . . remaining portions of this Or- dinance. E. Violations Any person violating any pro- vision of this Ordinance shall be guilty of a misdemeanor, punishable by a fine of not more than One Hundred Dollars or by imprisonment not exceeding 90 days for each offense and any platting, replatting or sub- dividing or conveying of land not in accordance with this or- dinance may be enjoined. F. Repeal of Existing Ordinance All Ordinances or parts of Or- dinances of the V'111age in con- flict with the provisions of this Ordinance are hereby repealed. SECTION IX This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this 10th d'ay of April, 1961. LESTER R. BADGER, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Published in 1Jhe Minnetonka Record April 27, 1961) . . ~......... ~~ ~T y......... ^.......... ............ . * LEGAL NOTICE ORDINANCE NO. M 1 ( AN ORDINANCE TO AMEND ORDINANCE NO. 8 FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE, BY REGULAT'ING THE USE OF LAND, THE: LOCATION AND USE OF BUILDINGS AND STRUCTURES ON LOTS IN THE VILLAGE OF SHOREWOOD, MiINNESOTA The Village '<A>uncil of the VH- lage of Shorewood ordains: SECTION 1. That Section 2. (b) (2:) of said Ol'dinance No. 8 be and hereby is amended to read as, follows: In Section 33: Lots 5, 2,3, 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 Subdivision Number 133, Hen. nepin County, Minnesota, Lot 1, Eureka. SECTION 2. That this Ordi. nance shall take effec,t from and after its paS:5age and publication. Passed by the Council this 1i4th day of May, 1961. LESTER R. BADGE'R, Mayror ATTEST: E1lISA 1. WILTSEY, Clerk (Published in the Minnetonka Record on July 6, 1961) , . . . ......... T............,.............. T T.... T T T...... T.... '1'''' T * LEGAL NOTICE ORnINANCE NO. 32 AN ORnINANGE TO AMEND ORDINANCE NO.2, LIiCENSING AND REGULATING THE, SALE AND CONSUMPTION OF NON- INTOXICATING LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF The Village Council of the Vil- lage OlfShorewood ordainrs: SECTION 1. That Subsection (7) of Section 7, Conditio.ns, of License, of Ordinance No. 2 of the Villa,ge Olf Shorewood be and hereby is repealed. SEOTION 2. That Subsection (5) of Section 9, Restrictions on Purchase and Consumption, of Or- dinance No.. 2 of the ViUage of Shorewood be and hereby is re- pealed. SECTION 3. This rdinance shall take effect from and after its pa.s- sage and publication. Adopted this 10~h day of July, 1961. LESTER R. BADGER, Mayor ATTEST: ELSlA I. WIL'I1SEIY, Clerk (Published in the Minnertonka Record on July 20, 19;611) . ......... "',.......... ...TY............. ........ ......,..~ * LEGAL NOTICE ORDINANCE NO. 33 AN ORDINANCE TO ESTABLISH AND REGULATE THE OPERATION OF A MUNICIPAL LIQUOR DISPENSARY The C'Ouncil 'Of the Village 'Of Sh'OrewQod dQ 'Ordain as foll'Ows: SectiQn 1. DefinitiQn 'Of Terms. As used in this 'Ordinance, the terms: (a) "Intoxicating liquQr" means distilled, vinaus and fermented beverages cantaining m'Ore than 3.2 per cent 'Of alcahQl by weight. (b) "Beer" means any malt bev- erage with an alcoh'Olic cantent 'Of m'Ore than 'One-half 'Of 'One per cent by vQlume and nm mare than 3.2 per cent by weight. (c) "Off-sale" means retain sale in :the 'Original packa'ge far can- sumptian away fram the dispen- sary. (d) "Sell" includes, all barters, gifts and ather means 'Of furni8h- ing intoxicating liquor 'Or beer in vialatian 'Or evasian 'Of this 'Ordi- nance. (e) "Minar" means any perwn under 21 years of age. Section 2. Dispensary Established. There is hereby established a mu- nicipal liqu'Or dispensary far the 'Off-sale 'Of intaxicating liquar. Na liquar may be saId at retail else- where in the Village 'Or by anyane nat empl'Oyed in the dispensary. Section 3. Lacation and Operation. (a) The dispensary shall be 1'0- cated at such suitable pIace in the Village as the Cauncil determines by matian. (b) The dispensary shall be in the immediate charge 00: a liquar st'Ore manager selected by the cauncil and paid such c'Ompensa- tion as is fixed by the Cauncil. He shall furnish a surety bond to the municipality, c'Onditianed upon the faithful discharge 'Of his du- ties, in such sum as the cauncil specified. The bond premiums may ,by paid by the Village 'Or by the manager at the discretian 'Of the cauncil. The manager shall ap,er- ate the dispensary under the caun- cil's directi'On and shall perf'Orm such durties in cannectian with the dispensary as may be imposed up- an him by the council. He shall be relspansible to the cauncil far the canduct 'Of the dispensary in . . full campliance with this 'Ordinance and with the laws relating ta the sale 'Of liquar 'Or beer. ( c) The cauncil shall alsa ap- P'Oint such additianal emplayees as may be required far the dispen- sary and shall fix their campensa- tian. All empl'Oyees, including the manager, shall hald their positians at the pleasure 'Of the cauncil. No minar shall be emplayed in the dispens'ary. In the discretian 'Of the cauncil such emplayees may be required ta furnish surety b'Onds conditianed far the faithful dis'charge 'Of their duties, in such sums as the c'Ouncil may specify. Secti'On 4. Dispensary Fund Creat- ed. (,a) A municipal liquar dispen- sary fund is hereby created in which all revenues received fr'Om the 'Operati'On 'Of the dispensary shall be dep'Osited and fram which all 'Ordinary 'Operating expenses shall be paid. Any am'Ounts it may be necess,ary ta barraw fram the general fund 'Of the Village 'Of Sharewaad far initial costs 'Of rent, fixtures and stock 'Or f'Or 'Operat- ing expenses shall be reimbur:sed to that fund 'Out 'Of the first avail- able monies c'Oming inta the dis- pensary fund thereafter subject hawever t'O the rights 'Of the pur- chaser 'Of the municipal dispensary revenue band issued by this vil- lage. Surpluses accumulating in the dispensary fund may be trans- ferred to the general fund 'Or t'O any other appl'Opriate fund 'Of the Villa,ge by resalutian 'Of the caun- cil and expended far any municipal purposes, subject hawever ta the terms 'Of that certain Resaluti'On 'Of the Cauncil 'Of the Village 'Of Sharewaad adapted June 12, 1961, entitled A Resolutian Autharizing and Directing the Issuance and Sale 'Of Municipal Building Reve- nue Bands and Prescribing the Terms and Pravisians far Pay- ment. (b) The handling 'Of municipal liquar dispensary receipts and dis- bursements shall camply with the pracedccre pres-cribed by law far the receipts and disbursement 'Of Village funds generally. (c) The cauncil shall pravide as soan as possible fallawing the clase 'Of each fiscal year for an audit 'Of the accaunts 'Of the mu- nicipal liquar dispens-ary far that fiscal year by the Public Examin- er 'Or a qualified public a,ccauntant. Secti'On 5. Pr'Ovision 'Of State Law Ad'Opted. The pr'Ovisians 'Of Min- nesata Statutes Chapter 340 with reference to canditi'Ons 'Of Qpera- tian, restrictians an cansumptian, pravisians relating ta sales, haul'S 'Of sale, and all 'Other matters per- taining t'O the retail sale, distri- butian, and cansumptian 'Of intaxi- ;cating liquor in or hy an 'Off-sale munIcipal liqu'Or dispensary are herehy adapted and made a part of this ordinance as if fully set forth herein. Section 6. Repeal. Na provilsians here 'Of shall affect the 'Ordinance licensing and regulating the sale 'Of non-intoxicating malt liquars adopted pursuant ta laws 'Of 1933, Chapter 116, and amendatary acts nQr any license granted there- under. Secti'On 7. Enforcement and Pen- alty. It shall be the duty 'Of all police 'Officers and canstables 'Of the Village ta enfarce the pravi- sians 'Of this 'Ordinance and ta Starch premises and seize evidence of law vialatian and preserve the same as evidence against any per- son alleged ta be vialating this 'Ordinance, and ta prepare the ne- cessary pracesses and paper:s therefor. - Any persan violating any pra- visian 'Of this 'Ordinance shall be guilty 'Of a misdemeanar, and up- 'On canviction thereaf shall be punished by a fine of nat more than 'One hundred dallaI1s ($100.00) or shall be imprisaned in the caun- ty jail far nat t'O exceed ninerty (90) days, plus the casts 'Of prase- ,cution in either case. Pravided, ,also, that any emp,layee 'Of the dispensary wilfully vi'Olating any provisian here'Of 'Or any pravisian 'Of the laws 'Of Minneso.ta relating to gambling 'Or the gale 'Of intaxi- ,cating liquor 'Or heel' shall be dis- charged. Section 8. Effect. This ordinance shall take effect and be in farce fram and after its passage and publica.tion. Passed by the C'Ouncil this 10th day 'Of July, 1961. LEISTER R. BADGER, May-'Or ATTEST: ELS:A 1. WILTSEY, Clerk (Published in the Minnetanka Record an July 20, 19(1) ~~~T~TTTTTT.TTTTTTT. e 1C LEGAL NOTICE ORDINANCE NO. 34 AN ORDINANCE AMENDING ORDINANCE NO. 19 BEING AN UIWINANCE HELATING TO THB REGULATlON AND KEE1'ING OF DOGS WITHIN THE VILLAGE OF SHOREWOOD THE VILLAGE COUNCIL OF THE VII.J...AGE OF SHORE- WOOD DO ORDAIN: SECTION 1. That Section 10 or Ordinance No. 19 be and hereby is re-numbered to Section 22. SECTION 2. That the following Sections be added and become part of Urdinance No. 19 and read as ivJlows: Section 10. That every owner or keeper of a canine animal within the limits of the Villlage of Shorewood shall cause the same to be registered, numbered described and licensed in the office (If the Village Clerk of said Village. Such licensing shall be for the whole or unex- pired portion of the )'car ending on the ensuing thirtieth day of September. Provided further, that no license shall be issued for a canine animal unless the owner or keeper thereof shall show written evidence th~t the said canine animal has been innocu- Iated for the prevention of ra- biell. Such owner or keeper shall pay therefore to the Village Olerk wch sums for an animal liceMe fee as the Village Coun- cil ma.y by resolution adopt. Providing, however, that the Vil- lage Council may provide for higher license fees for female canine animals than for male or spayed female. Section 11. The Village Clerk of said Village shall provide and furnish for each licensed canine animal a metallic tag upon whieh he shall have stamp- ed or engraved the registration number of the animal and the year when registered. The de- sign of such metallic tag to be changed each year. Any person who shall make, seal, purchase, possess or shall place or allow to be placed on their 'canine animal any metal- lic tag or of the same form or shape or intended to be like the official tag or shall attempt in any way to counterfeit the design adopted for such official tag shall be guilty of a misde- meanor. In case the said metallic tag is lost or stolen after hav- e -- ing been regularly issued as herein provided, the owner or keeper of such animal upon pre- senting and surrendering to the Village Clerk the license or re- ceipt issued when the animal was registered, numbered, des- cribed and licensed, as herein provided, shall receive a dupli- cate tag and duplicate license upon the payment of $.50 eo the Village Clerk, which said duplicate license shall be reg- istered, described and iS8ued in the same manner as the original license. The Village Clerk nlay, before issuing such duplicate tag and license, require an af- fidavit to be made and furnish- ed by such applicant for a dup- licate license and tag, setting forth the fact that such a tag has been lost or stolen and not at that time in their possession. Section 12. Every keeper or own!'r of a ca!line animal with- in tlle said Village s:lall place and keep aro;lnd the neck of such animal owned by him a collar to which shall be securely fixed the metal tag as above mentioned. Section 13. No person shall keep or suffer to be kept on his premises or on premises oc- cupied by him within said Vil. lage nor pennit, nor suffer to run at large in said Village or on any street thereof any canine animal of a ferocious or vicious character. Upon eonvicti{)n for the violation of this section of this ordinance the Court shall in addition to impositi,m of sen- tence direct the animal super- visor to take the animal in question in eUlltody and forth- with dispose of the same. Section 14. No owner or keep- er of a female canine animal shall permit or suffer the same to run at large or be in any strC'et, alley or public place in said Village while the same is in heat. Section 15. Village Couneil of the Village of Shorewood shall either appoint an animal super- visor or shall enter into a con- tract with a person, finn or cor- poration whose duties shall be to enforce this ordinance. In the event the Village Council deems it advisable to enter into a contract with a person, firm or corporation to enforce. the provisions of this ordinance, said contract shall provide as the Village Council sees fit, ceriain fees for the keeping and dis- posal of animals herein govern- ed. Section 16. The Village shall provide an adequate point Of facilities where all eamne a:ti. mals taken into custody by an animal supervisor shall be k. and properly fed until diapoeM of according to the pl'Ovisioe.l of this ordinance. &,cUon 17. Within 24 hours after taking a canine animal in- to custody, the animal supervis- or lIhall, if the animal has on it an official tag, leave at the address shown on the certificate of registration a notice that the animal is in his custod, and will not },Ie disposed of if redeemed WIthin a stated time, which time shall not be less than t1hree full days after such animal was tak- en into custody. Section 18. Every owner or person having the custody of a canine animal may redeem the same from the animal super- visor by paying for board and associated costs, for each day or fraction thereof as such ani- mal is held in custody by the animal supervisor and obtaining a license for said animal in ac- cordance with this ordinance if the license has not hereinbefore been issued for said animal. Section 19. Upon expiration of thl' time hereinbefore provid- ed, a canine animal in the cus- tody of the animal supervisor shall be disposed of by shooting or gassing the same. The animal supervisor shall keep an accu- rate account of all animals re- ceived at the pound and all ani- mals killed and released there- from. Section 20. Nothing in this ordinance shall prevent the ani- mal supervisor from disposing of a canine animal in less than three (3) days waiting period as aforesaid where such animal is injured and in the opinion of such supervisor the only humane act would be one of disposal. Section 21. Any person violat- ing the provisions of this or- dinance shall be guilty of a mis- demeanor and shall upon con- viction thereof, be punished by a fine of not to exceed $100.00 or by imprisonment of not to exceed ninety days. SECTION 3. This ordinance shall take effect and be enforced sixty (60) days after its passage and publication according to law. Passed the council this 10th day of July, 1961. LESTER R. BADGER, MQ'OI' ATTEST: ELSA I. WILTSEY, Clerk (Published in the Minnetonka Record on July 20, 1961) . ."..T.............. ........................."..................... 'l'T,,1IllI e * LEGAL NOTICE ORDINANCE NO. 35 AN ORDINANCE ABOLISHING THE OFFICE OF VILLAGE CONSTABLE AND FOR PERFORMANCE OF THE DUTIES OF CONSTABLE BY VILLAGE POLICE OFFICERS WHEREAS, Minnesota Statute 412.02 Sub. 4, authorizes the Coun- cil to abolish the office of Con- stable by ordinance subject to the right of the voters to petition for referendum on the ordinance with- in a period of 30 days of publica- tion 'of tJhe ordinance,. ,and WHEREAS, tJhe Village re,gu- larly employs one Police Officer, and WHEREAS, the Council deems it to' be in the best interest of the Village of Shorewood to abolish the office of Constable, the Vil- lage Council of the Villag,e of Shorewood ol'dains: SECTION I. The office of Constable in the Village of Shorewood in Hennepin County, Minnesota, is hereby abolislhed at the end of the terms of the encumbants 0'1' when 'earlier va- cancies occur. SECTION II. The COUIliCil shall by Resolution designate one or mere Village PIolice Of- ficers as a process officer wh, shall have all the }lQIWers and duties of the Constable. Each process officer s\OOll pay into the Village Treasury all fees received by him for performing the duties of Constalble. SECTION III. Subject to the refel'endum provisions of Min- nes'ota Statute 412.04 Sub. 4, this ordinance shall take effect and be in force from and after its, pa,ssage and publication. Passed: 13,th day of November, 1961. s/s. LESTER R. BADGER Mayor of Village of Shorewood ATTEST: sls ELSA I. WIL~SEY Clerk of Village of Shorewood (Published in the Minnetonka Record November 23, 1961) e . ~~~~~~~~~ 'K LeGAL NOTICE ORDINANCE NO. 36 AN ORDINANCE RELATING TO THE REGULATION AND KEEPING OF HORSES, COLTS, AND PONIES WITHIN THE VILLAGE OF' .sHOREWOOD The Villil.ge Council 'Of the Vil- lage of ShorewQQd dO'es ordain: Section 1. No person, firm 'Or cO'rporatiO'n shall keep, stable, bO'IaI1d, 'Or har- bO'ur horse's, colts, 'Or ponies with- in the limits O'f the Village of ShO'rewood, upO'n land 'Other than that claslsified and taXied as agri- cultural by the VilLage ASlses80,r with'Owt first ohtaining a permilt, frO'm the Village Clerk to' so keep, board, stabLe, 'Or hal1bO'ur said aru- mals. Such person, firm O'r oO'r- pO'ration shall pay therefQre' to' the VilLage Clel1k the sum O'f $4.00 .1''01' said permit. Section 2- Applicati'On fO'r the permit shall be made in writing by the O'wner of the animal or animals UP'On blanks 'Or f'Ocrms fumished by and 'Obtainable fr'Om the Village Clerk. Each application f,O'r a permit shall have thereon the co,rrect legal des- criptiO'n of the prope,rty 'On which the animal or animals will be kept and the name of the owner 'Of the land; the axea of land availa:ble fO'r pastur,e; the total number of hors:estO' be keplt 'Or stabled on said Land; the number of hors1es to he kept by the applicant. the description of shelter p,rO'cvided fQr the animal 'Or animals. Section 3- No p'ermitshall be is'sued by the VilLage Clerk lilltilthe VilLage In- spectO'r, to be appointed by the council, has inspected the prem- ises upon Wlhich the animal. 0,1' ani- maLs are to, be kept. The fQlLO'w- ing standards are to' be met and provided by the app!Licant before a permit shall be is,sued: 1. A pastuil'e of at leaslt one-half ( lh ) acre. 2. A ,sturdy Wo,od, metal 'Or elec- trical fence fQil' the p'llisture which will keep the animal or animals cO'nfined. 3. Shelter which will keep the animal 'Or animals (lomfol'ltable and pro,tected from the elements and the she,lter shall be sO' 10ca;t- ed S'O' 'IllS not to, create a nuisance. 4. Clean and sanitary premises which will nO't be a harbO'ur for rodents" flies and inseClts. Section 4. UpO'n receipt o,f an inspectiQn repO'rt from the Animal InspectO'r disclO"sing that the appHc1ant ha~ complied with the ,standards pro- e e vided by SeCltion 3, aibO'v,e, the Vil- lage Clerk shall issue a permit for the keeping 'Of said hors,es colts 0'1' ponies; which permit s~ll ex~ pire 'On the ensuing 15th day of April, unless soo,ne'r revO'ked as hereinaf'ter prO'cvided, except that a~y applicant requesting a pe'r- mIt,to keep, store, stahle O'T board mO're0an ,three (3) horses, oO'Us or porues. upon O'ne parcel or land shall not be issued by the clerk until the ViLlage Council hals de- termined .that the keeping, sitO'r- mg, stablIng or bO'al'ding Qf said number of animals shall nO't be a public nuisance. Section 5. Permits is,Slued pursuant ItO" this Ordinance may be revoked by the Village CO'uncil if the Co,pncil finds, aftecr investigatiO'n by the ~nspectO"r and after hO'lding a heacr- mg thereon (notice of said hear- ing to be given to ,the hO"ldeil' O'f the permit) that: 1. The premises upO'n which the animal is kept is, unsightly and ~ harbour for rO'dents, flies, and msects; or 2. The winter accumulatiO'n of manure is nQt removed from the premis,es priO',rto April 15th O'r each year; or 3. Accumulations of manure a.re not l'emO'ved at such periods as will insure that no, objectiO'nal arQma exists and that the re- quirements 'Of subdivision 'One a:bO"cve are complied with; or 4. The applicant has failed to' make ,a reas'onable effO'rt to keep the animal 'Or animals under cO'n- troland fenced within its pas- ture; Ol' 5. The applicant has not melt :the standards .set fO'rth in SectiO"n a.O'r this. Ql1dinance; Oil' 6. Theammal has, been treated cruelly and inhumanly. Section 6. o ~ny pel1sQ~ violating the pro- vISI0nso,f thIS ordinance shall be guilty of ,a misdemeanor and shall upon cO'nviction there be punished by a fine of not to" e~ceed $100.00 0"1' by imprisonment of nOlt to ex- ceed ninety (90) days. Section 7. ThisO'rdiruance shall take effect and b~ enforced ninelty (90) days afiter 1:ts passage and publication acc'Ording to, law. Passed by ,the Council this 11th day 'Of December, 1961. LESTER R. BADGER, Mayor Attest: ELSA I. WILTSEY, Olerk (Published in the Minnetonka Record Decembe,r 21, 1961)