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1956 Ord 1-12 ",. ,. ~... ...... ..... A- ..... T ..,. ..... ..... .....- T .. '" ""..,. ... -f"....1"l ,. * Legal Notice ORDINANCE NO. 1 AN ORDINANCE REGULATING THE USE OF HIGHWAYS WITHIN THE VILLAGE OF SHOREWOOD, INCORPORAT- ING PROVISIONS OF THE STATE HIGHWAY TRAFFIC REFERENCE, AND IMPOSING A PENALTY FOR THE VIOLATION THEREOF The Council of the Village of Shorewood do ordain as follows: SECTION 1. HIGHWAY TRAF- FIC REGULATION ACT INCOR- PORA TED BY REFERENCE. The regulatory provisions of Min- nesota Statutes 1945, c. 169, as amcnded by Laws 1947, Law s 1949, Laws 1951, Laws 1953, and Laws 1955, are hereby adopted as a traffic ordin~nce regulating the usc of highways, streets and al- leys within the Village of Shore- wood and are hereby incorporated in and made a part of this ordi- nance as eompletely as if set out here in full. SECTION 2. PENALTYij Any' violation of the ,~taiutels . a'dDpted bY reference in Section'" 1 is a violation of this ordinance when it occurs within the Village of Shorewood. Any person thus vio- lating any provision of this or- dinance shall be guilty of a mis- demeanor and shall be punished by a fine of not to exceed $100.00 or by imprisonment in the county jail for a period of not to ex- ceed 90 days; but if a minimum fine or imprisonment is prescrib- ed by the state highway act for an offense, such penalty shall ap- ply to a person. convicted of the same offense under this ordinance. SECTION 3. REPEAL. Ordi- nance No. 4 of the Town of Ex- celsior, entitled "An Ordinance Regulating the Use of Highways Within the Town of Excelsior, In- corporating Provisions of the State Highway Traffic Regulation Act by Reference, and Imposing a Penalty For the Violation Thereof" is hereby repealed. Passed this 19th day of June, 1956. ,. W. D. KENDRICK, Mayor ATTEST: Elsa I. Wiltsey, Clerk (Pub. M.R. June 28, 1956) .. ~ " *~ -. L' .E.G....A. -L-N"'-Oo-T- .I-CYE~ he has been in that busin.ess at that place, and such other info 1'- ORDINANCE NO.2 mation as the council may re- AN ORDINANCE LICENSING quire from time to time. It shall AND REGULATING THE SALE \)e unlawful to make any false AND CONSUMPTION OF NON- statement in an application. Ap- INTOXICATING MALT plications shalI be filed with the LIQUORS AND PROVIDING village clerk. A PENALTY F'OR THE SECTION 4. LICENSE FEES. VIOLATION THEREOF. Subdivision 1. Each application The Council of the Village of for 11 license shall be accompanied Shorewood Ordains: by a receipt from the village SECTION 1. DEFINITION OF treasurer for payment in full of TERMS. the required fce for the license. Subdivision 1. As used in this AII fees shall be paid into the ordinance, the term "person" in.- general fund of the municipality. eludes a natural person of either Upon rejection of any application scx, co-partnership, and associ- for a license, the treasurer shall ation of persons and the agent or refund the amount paid. manager of any of the aforesaid. Subdivision 2. All licenses shall The singular number includes the expire on the last day of May in plural, and the masculine pronoun each year. Each license shall be includes the feminine and neuter. issued for a period of one year, Subdivision 2. "Beer" or "non- except that if a portion of the intoxicating malt liquor" means license year has elapsed when the <lny malt beverage with an aleo- application is made, a license holic content of more than one- may be issued for the remainder half of one per cent by volume and of the year for a pro rata fee. not more than three and two- In computing such fee, any unex- tenths per cent by weight. pired fraction of a month shall Subdivision 3. "Intoxicating Ii- be counted as one month. quo 1''' means any distilled, fer- Subdivision 3. The annual fee mented or vinous beverage con- for an "On Sale" license shall be taining more than three and two- $10.00. The annual fee for an tenths per cell. t of alcohol by "Off Sale" license shall be $5.00. weight. SECTION 5. GRANTING OF Subdivision 4. "Original pack- LICENSE. age" means the bottle or sealed Subdivision 1. The village coun- container in which the liquor is cil shall investigate all facts set placed by the manufacturer. i out in the application. Opportu- SECTION 2. LICENSE REQUIR- nity shall be given to any person ED. to be heard for or against the Subdivision 1. No person, ex- granting of the license. After cept wholesalers and manufactur- such investigation and hearing the ers to the extent authorized by village council shall grant or re- law, shall deal in or dispose of fuse the application in its discre- by gift, sale or otherwise, or keep tion. or offcr for sale, any beer within Subdivision 2. Each license the village without first having shall be issued to the applicant received a license as hereinafter only and shall not be transferable provided. Licenses shall be of two to another holder. Each license kinds: (1) Retail "on sale"; (2) shall be issued only for the prem- Retail "off sale". ises described in the application. Subdivision 2. "On Sale" licens- No license may be transferred to es shall permit the sale of beer another place without the approv- for consumption on the premises a I of the village council. only. SECTION 6. PERSONS INELGI- Subdivision 3. "Off Sale" licens- ELE FOR LICENSE. es shall permit the sale of beer No license shall be granted to at retail, in the original package any person: for consumption off the premises (1) Undcr twenty-one year/) of only. age. SECTION 3. APPLICATIONS (2) Who has been convicted of FOR LICENSE. a felony, or of violating the Na- Every application for a license tional Prohibition Act or any law to sell beer shall be made on a of this state or local ordinance form supplied by the village and rela ting to the manufacture or shall state the name of the ap- transportation of intoxicating Ii. plicant, his age, representations quors. as to his character with such ref- (2) Who is a manufacturer of erences as may be required, his beer or who is interested in the citizenship, whether the applica- control of any place where beer tion is for the "on sale", or "off is manufactured. sale", the business in connection (4) Who is an alien. with which the proposed license (5) Who is not of good moral will operate and its location, character. whether applicant is owner and (6) Who is or during the period operator of the business, how long of this license becomes the holder . .. .. ,p of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell in- toxicaing liquor at such place. (7) Who is not the proprietor of the establishment for which the license is issued. SECTION 7. CONDITIONS OF LICENSE. Subdivision 1. Every license shall be granted subject to the conditions in the followin.g sub- divisions and all other provisions of this ordinance and of any other applicable ordinance of the village or state law. Subdivision 2. All licensed premises shall have the licen.se posted in a conspicuous place at all times. Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person under 21 years of age. Subdivision 4. No minor shaIl be permitted to consume beer on the licensed premises. Subdivision 5. No minor under 21 shall be employed on the prem- ises of a beer store or be per- mitted to sell or serve beer in any "on sale" establishment. Subdivision 6. No gambling or any gambling device shall be per- mitted on any licensed premises. Subdivision 7. No licensee who is not also licensed to sell intoxi- cating liquor shall sell or permit the consumption or display of in- toxicating "liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxi~ eating liquor. The presence of intoxicating liquors on the premis- es of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the pur- pose of sale; and the serving of any liquid for the purpose of mix- ing with intoxicating liquors shall be prima facie evidence that in.- toxicating liquor is being permit- ted to be consumed or displayed contrary to this ordinance. Subdivision 8. Any peace of- ficer shall have the unqualified right to enter, inspect and search the premises of a licensee durin.g business hours without a search and seizure warrant and may seize aU intoxicating liquors found on the licensed premises. Subdivsion 9. Every licensee shalI be responsible for the con- duct of his place of business and shall maintain conditions of so- briety and order. SECTION 8. CLOSING HOURS. No sale of beer shan be made on any Sunday between the hours of 1:00 A.M. and 12:00 noon, nor between the hours of 1:00 A.M. and 8:00 P.M. on any election day in the village. No sale shall be made between the hours of 1:00 A.M. and 8:00 A.M. on any other e e -- day. SECT.lON 9. RESTRICTIONS ON PURCHASE AND CONSUMP- TION. Subdivision 1. No minor shall misrepresent his age for the pur- pose of obtaining beer. Subdivision 2. No person shall induce a minor to purchase or procure beer. Subdivision 3. No person other than the parent or legal guardian shall procure beer for any minor. Subdivision 4. No minor shall have beer in his p"Ossession with the in.tent to consume it at a place other than the household of his parent or guardian. Subdivision 5. No person shall consume or display any intoxicat- ing liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. SECTION 10. REVOCATION. The violation of any provision or condi tion of t his ordinance by a beer licensee or his agent shall be ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's spe- cial tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. A license granted under this ordi- nance may be revoked or suspend- ed by the council after written notice to the licensee and a pub- lic hearing. The notice shall give at least eight days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The council may suspend any licenSe pending a hearing on revocation or suspension. SECTION 11. PENALTY. Any person violating any pro- vision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be pun.- ished by a fine of not more than one hundred dollars ($100.00) or imprisonment in the county jail for not more than ninety (90) days, plus the costs of prosecu- tion in either case. S E C T ION 12. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication ac- cording to law. Passed by the council this 19th day of June, 1956. W. D. KENDRICK Mayor ATTEST: ELSA 1. WILTSEY Clerk (Pub. M.R. June 14, 1956) ,. . ~.... ........ T.............. ~........ _ ~ _, ""'.......... * LEGAL NOTICE ORDINANCE NO. S AN ORDINANCE PROHIBITING THE DISCHARGE OR DUMPING OF SEW AGE AND OTHER WASTES ALONG, ADJACENT TO OR ON PUBLIC HIGHWAYS OR ROADS OR INTO WATER WITHIN OR ADJACENT TO THE VILLAGE OF SHOREWOOD, AND PROVIDING FOR THE VIOLATION THEREOF The Council of the Village of Shorewood Ordains: SECTION 1. The act of dump- ing, discharging or disposal of rubbish, trash, refuse, garbage, or any noxious or offensive fluid or thing and the act of dIscharging of sewage or drainage from cess- pools or septic tanks along, ad- jacent to or on public highways or roads or into any creek, stream, river, pond, lake or other water- course, within or adjacent to the Village of Shorewood, is hereby declared to be a public nuisaMe and prohibited. SECTION 2. It shall be unlaw- ful for any person to dump. dis- charge or dispose of rubbi<sh. trash, refuse. garbage, or any noxious or offensive fluid or thing or to discharge or cause to be d i s- charged sewage or drainage from cesspools or septic tanks along. adjacent to or on public highways or roads, or into any creek. stream. river, lake or other water- course within or adjacent to the Village of Shorewood. SECTION 3. Any person violat- ing the provisions of this ordi- nance shall be guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine of not to exceed $100.00 or by imprisonment of not to exceed 90 days. Every day that such violation continues shall consti- tute a separate offense. SECTION 4. Ordinance No. 10. of the Town of Excelsior, adopted October 2, 1953, is hereby repealed. SECTION 5. This ordinance shall take effect from and after its passage and publication. Passed by the council this 10th day of July. 1956. W. D. KENDRICK. Mayor ... ATTEST: Elsa I. Wili$ey, Clerk (Pub. M.R. July 19, 1956) .. ,,' .. " " ORDINANCE NO. 4 GRANTING TO MINNEAPOLIS GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO MANUFACTURE, IMPORT, TRANSPORT, SELL AND DISTRIBUTE GAS FOR HEATING, ILLUMINATING AND OTHER PURPOSES IN THE VILLAGE OF SHOREWOOD AND TO USE THE STREETS, A VENUES AND ALLEYS THEREOF FOR THAT PURPOSE. The Village Council of Shore- wood do ordain as follows: SECTION 1. GRANT OF AU- THORITY. There is hereby grant- ed to Minneapolis Gas Company, hereinafter called the "Company". its successors and assign.s, for a period of twenty (20) years after the adoption hereof, the right to manufacture, import, transport, sell and distribute gas for heat- ing, illuminating and other pur- poses within the limits of this Village, hereinafter called the "Village", as the same now ex- ist or as they may be extended in the future, and for that pur- pose to establish the necessary facilities and equipment, and to maintain a manufacturing plant, gas mains, service pipes, and any other appurtenances necessary to the manufacture, sale and distri- bution of gas in and along the streets, alleys, avenues and other public places of said municipality, and to do all things which are reasonable, necessary or custom- ary in the accomplishment of this objective; subject, however, to the further provisions of this fran- chise. Provided, however, that be- fore the said company shall es- tablish any plant in said Village for the manufacture of gas, the approval of the Village Council of the location thereof, in the ex- ercise of a reasonable discretion by said Council, shall be first ob- tained by said Company. No such plant shall be constructed or op- erated in violation of the zoning and building ordinances of the Village. SECTION 2. OBSTRUCTING STREETS. The Company shall ex- ercise its privileges hereunder sub- ject at all times to the police pow- er of the Village and shall not un- necessarily or unreasonably ob- struct the use of or injure any street, avenue, or alley, and shall, upon the completion of any con- struction or repair, restore all streets, aveunes and alleys of the municipality which shall be open- ed by it or its agents or employees for the purpose of laying, placing, or repairing its aforesaid gas mains or serv!ce pipes to as nearly the same order and condition as they were before the excavation was made as is reasonably possi- - - . ble, and shall maintain, repair, and keep in good condition for a period of three (3) months all por- tions of said streets, avenues, and alleys disturbed by it or its agents; provided that the three-month pe- riod shall be computed from the time of the closing of the exca- vation; but in case of frost be- fure the three-month period has expired, the same shall continue for the stated period after the frost leaves the ground. Any ob- struction of any street, alley, park, boulevard, bridge, or other public place, or any failure properly to fill and maintain a sfreet after excavation, after proper notice de- manding removal or repair, as the case may be, shall be taken care of by the Village and cost there- of shall be charged against the Company and may be deducted from any payments due it from the Village. SECTION 3. PLATS. The Com- pany, prior to the laying or re- laying of any mains under this franchise, shall present to the Council a complete plat showing the location, size, and estimated cost of all proposed mains. The Company, before laying or re-Iay- iEg any mains, shall obtain ap- proval from the Council, or its agent, in the exercise of a reason- a ble discretion by them. Failure of the Village to insist upon this provision shall not be deemed a waiver thereof. SECTION 4. DAMAGE CLAIMS. The Company shall in- demnify, keep, and hold the Vil- lage free and harmless from li- ability on account of injury or damage to persons or property growing out of the construction, maintenance, repair, or operation of its property, and in the event that suit shall be brought against the Village, either independently or jointly with the Company, on account thereof, the Company, up- on notice to it by the Village, shall defend the Village in any suit, at the cost of the Company; and in the event of a final judge- ment being obtained against the Village, either independently or jointly with the Company, the Company shall pay such judge- ment, with all costs, and shall hold the Village harmless therefrom. SECTION 5. STANDARDS OF SERVICE. The Company shall at all times provide and furnish an adequate, safe and continuous sup- ply of gas to the village and its inhabitants, subject, however, to the further provisions of this sec- tion. The Company sells and dis- tributes straight natural gas throughout its entire gas distri- bution system, which is located in the City of Minneapolis, Minne- sota, and in a number of suburban communities and in the territory adjacent to and near the said city. The natural gas distributed by the Company is furnished by the pipe line system owned and operated by Northern Natural Gas Com- pany, a "natural gas company", under the Federal Natural Gas Act, which subjects said Northern Natural Gas Company to the juris- diction of the Federal Power Com- mission. The Company shall not be liable to the Village or its inhabitants, nor shall the Village, or any in- habitant who is a customer of the Company, be liable to the Com- pany hereunder by reason of the failure of the Company to deliver, or of the Village or a customer to receive, natural gas as a re- sult of acts of God, or the public enemy, inability of pipe line sup- plier to furnish an adequate sup- ply due to an emergency, an or- der or decision of a public regu- latory body, or other acts beyond the control of the party affected. Whenever any of the occurences numed above take place, the Com- pany shall have the right and au- thority and it shall be its duty to adopt reasonable rules and regulations in connection with lim- iting, curtailing or alloting exten- sions of service or supplying of gas to any customer or prospec- tive customer, and withholding the supplying of gas to new custom- ers, provided that such rules and regulations shall be uniform as applied to each class of customers, 2.nd shall be non-discriminatory as between communities. The Company shall have the right to contract for the sale of gas for industrial use on an in- terruptible basis, requiring the customer to have standby equip- ment for use upon notice by the Company. The Company's rules, regulations, schedules or contracts for curtailing interruptible gas service shall be uniform as ap- plied to each class of interruptible customers. If service is suspended because cf any of the reasons set forth above, occurring through no fault or negligent act on the part of the Company, such suspension shall not be made the basis of any ac- tion or proceeding to terminate this franchise. The quality of the gas sold in the Village shall be the same as that sold to the Com- pany's customers in the City of Minneapolis. SECTION 6. EXTENSION OF SERVICE. The Company agrees to lay such of its mains and pipes as come within its requirements for suburban service as soon as reasonably pos.sible to do so. The Council of the Villa.ge shall have the right to make such reasonahle rules and regulations as may be necessary to provide adeqnate and propel' service. . .. " SECTION 7. RATES. The Company agrees for and in behalf of itself, its lessees, sucessors, and assigns that all authority and right in this ordinance contained shall at all times be subject to all right, power, and authority now or hereafter possessed by said Village or any other regulatory tribunal having jurisdiction there- ever to regulate, fix, and control just, reasonable, and compensatory gas rates, except as hereinafter limited. The Village recognize, that the entire suburban area ad- ja.cent to and near the City of Minneapolis, which includes the Village of Shorewood may be re- garded as a single zone for rate- making purposes and agrees that the Company has the right to in- sist Upon a uniform rate for all its consumers in said suburban area. A 11 rates charged under this ordinance shall at all times be fair, just and reasonable. SECTION 8. ACCOUNTING REPORTS. The Company agrees to file with the Village Clerk, on or before July 1 of each year, a copy of its annual report t6 its security holders for the preceding calendar year, together with a balance sheet and income state- ment of the suburban division an.d a balance sheet and income state- ment for the Village of 8horewood on an allocated basis. SECTION 9. FORFEITURE. If the Company shall be in default in the performance of any of the material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after receiVing notice from the Village of such default, the Village Council may, by ordi. nance duly passed an.d adopted, terminate all rights granted un- der this ordinance to the Company. The said notice of default shall be in writing and shall specify the privisions of this ordinance in the performance of which it is claimed that the Company is in default. Such notice shall be eerved in the manner provided by the laws of the State of Minne. sota for the service of original notices in civil matters. The rea- sonableness of any ordinance so passed declaring a fOrfeiture of the rights and privileges granted by this franchise ordinance shall be subject to review by the United States District Court for the Dis- trict of Minnesota, Fourth Di- vision. SECTION 10. NON-EXCLUS- IVE. The rights and privileges hereby granted are not ex- clusive, and the Village express- ly reserves the right to grant rights and privileges to other per- sons or corporations. SECTION 11. CHANGE 01'" GOVERNMENT. Any change of the form of government of the Vil- e e -- l&e into a city or otherwise as authorized by the State of Min- nesota shall not affect the validity of this franchise. Any municipal corpor:ltion suceeding the Village shall, without the consent of the Company, succeed to all the rights and obligations of the Village pro- vided in this franchise. ,SECTION 12. ACCEPTANCE. The Company shall, within thirty (30) days after the passage and publication of this ordinance, file with the Village Clerk its ac- ceptance of the same in writing, signed by its proper officers and attested by its corporate seal. S E C T ION 13. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Adopted this 17th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA 1. WILTSEY Village Clerk (Pub. M.R. July 26, 1956) ORDINANCE NO. 5 rant: AN ORDINANCE DEFINING (A) A person, who being a CERTAIN MISDEMEANORS habitual drunkard, abandons, ne- AND PRESCRIBING 'glects or refuses to aid in the PENALTIES FOR VIOLATION I support of his family; - THEREOF The Council of the Village of Shorewood Ordains: SECTION 1. The doing of any of the acts or things prohibited or the failing to do any of the things or acts commanded to be done, as set forth in this ordinance, is hereby declared to be an offense against the good order, public peace, mor- als, health, welfare and proper government of this Village and unlawful. Any person, firm or corporation convicted of violating any of the provisions of this ordi- nance shalI be deemed guilty of a misdemeanor and punished by a fine of not less than $1.00 nor more than $100.00, or by imprison- ment not to exceed 90 days, to- gether with the costs of prosecu- tion in either case. SECTION 2. DISORDERLY CONDUCT. The doing of any of the fol- lowing acts without authority of law by any person or persons is hereby declared to be disorderly conduct: (A) Wilfully disturbing any assembly or meeting not unlaw- ful in its character or the peace and quiet of any family or neigh- borhood; (B) Wilfully and lewdly ex- posing the person or the private parts thereof or procuring another to so expose himself and any open or gross lewdness or lascvious be- havior or any act of public inde- cency; (C) Using profane, vulgar or indecent language in. or about any public buildings, store or place of business or upon any of the streets, alleys or sidewalks of the Village so as to be audible and offensive; (D) Appearing on any public street or other public place in an intoxicated condition or drinking intoxicating liquor on any street or in a vehicle upon a public street. Disorderly conduct is hereby prohibited and anyone doing any of the above acts should be guilty of a misdemeanor. SECTION 3. ASSAULT. No person shan strike or at- tempt to strike nor in any un- lS.wful manner offer to do or do any bodily harm to another per- son, nor unlawfully make an at- tempt to apply any degree of force or violence to the person of another, nor in a vio- lent, rude, angry or insolent man- ner touch or lay hands upon the person of another. SECTION 4. VAGRANCE. The following persons are vag- e . (B) A person who has con- tracted an infectious or other dis- ease in in the practice of drunken- ness or debauchery requiring char- itable aid to rcstore him to health; (C) Fortune tellers and such other like imposters; (D) A person known to be a pickpocket, thief, burglar, yegg- man or confidence man and hav- ing no visible or lawful means of support, when found loitering around any railroad depot, rail- road y a I' d, banking institution, brokers office, p I ace of public amusement, hotel, auction room, store, shop, crowded thoroughfare, car or omnibus or at any public gathering or assembly; (E) A person engaged in prac- ticin.g or attempting any trick or device to procure money or other thing of value. Such trick or de- vice is made a public offense by any law of this State or any per- son engaged in soliciting, procur- ing or attempting to solicit money or other thing of value by falsely pretending and representing him- self to be blind, deaf, dumb, with- out arms or legs, or to be other- wise physically deficient or to be suffering from any physical de- fect or infirmity; (F) Any person wandering about and lodging in taverns, gro- ceries, ale houses, market places, sheds, stables, barns or other un- inhabited buildings or in the open air, not giving a good account of himself. SECTION 5. Every person who shall wilfully 01' maliciously displace, remove, injure or destroy: (1) A highway or private way laid out by authority of law or bridge upon such public or private way; (2) A tree, rod, post or other monument, which has been erected or marked for the purpose of des- ignating a point in any boundary or any mark or inscription there- on; (3) A mile board, a milestone or guide post erected upon a high- way or any inscription thereon; (4) A Ii n e of telegraph or telephone or any part thereof or any appurtenance or apparatus connected with the working of any magnetic or electrical telegraph or telephone or the sending or con- veyance of messages thereby; (5) The pipe or main for con- ducting gas or water or heat or any appurtenance or appendage connected therewith; (6) A sewer or drain or a pipe 01' a main connected therewith or forming a part thereof. SECTION 6. Every person who shan inhu- manly, unnecessarily, cruelly, or wantonly beat, injure or other- wise abuse any dumb animal shall be guilty of a misdemeanor. SECTION 7. Every person who shan malici- ously injure or destroy any s.tand- ing crops, grain, cultivated fruits or vegetables, the property of an- other, in any case for which pun- ishment has not been otherwise prescribed to be guilty of a mis- demeanor. SECTION 8. Every person who shall in any manner wilfully damage any build- ing or part thereof, throw any stone or other missle at or break any window therein or who shan aid, counsel, hire or procure any persons so to do shall be guilty of a misdemeanor. SECTION 9. Every person who shall commit or maintain a public nuisance for which no special punishment is prescribed or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance and every person who shall let or permit to be used &ny building or portion thereof, knowing it is intended to be used for committing or maintaining any such nuisance, shall be guilty of a misdemeanor. SECTION 10. Every person who shall wilfully oppose or obstruct a health of- ficer or physician charged with the enforcement of the health laws in performing any legal duties shall be guilty of a misdemeanor. SECTION 11. Every manufacturer or vendor who shall sen or cause to be sold, place or cause to be placed any gasoline or benzine in quantities of more than one pint, in any re- ceptacle except of a bright red color and tagged and labeled in large plain letters with the name of the contents or who shall sell or cause to be sold, place or cause to be placed kerosene or other illuminating oil in the same quan- tities in a receptacle of red color shall be guilty of a misdemeanor. SECTION 12. Every person who shall sell, give, loan or in any wise furnish any firearm or ammunition to a minor under the age of 18 years without the written consent of his paren.ts or guardian or of a police officer or magistrate s hall be ~uilty of a misdemeanor. SECTION 13. Every person who shall pur- chase, manufacture, use, sell or keep for sale within this Village firecrackers, crackers and other explosive pyrotechnics, except by special permit, shall be guilty of a misdemeanor. e e -- . SECTION 14. Every person who shall directly or indirectly address any threat or intimidation to a public officer' 01' to a referee, arbitrator, ap- praiser or assessor or to any other person authorized by law to hear or determine any controversy or matter with intent to induce him contrary to his duty to do or make or to omit or delay in any act, de- cision or determination, shall be guilty of a misdemeanor. SECTION 15. Whenever two or more persons shall conspire to commit any act injurious to public health, public morals, trade or commerce or for the perversion or obstruction of public justice or the due adminis- tration of the law, every such per- son shall be guilty of a misde- meanor. SECTION 16. CURFEW LAW. No person under the age of 16 shall be or loiter upon any of the public streets, alleys or public grounds of the municipality between the hours of 11 P.M. and 4 :30 A.M., unless accompanied by and under the control of some per- son of lawful age. SECTION 17. Ordinance No.6, of the Town of ExCt'lsior, adopted December 1, 1950, is hereby repealed. SECTION 18. This ordinance shall take effect from and after its passage and publication. Passed by the council tl1is 17th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA I. WILTSEY Clerk (Pub. M.R. July 26, 1956) e surface of any public sidewalk, or nine feet above the surface of any street. 2. All wires which are strung less than fifteen feet above the surface of the ground. 3. All buildings, walls, and other structures which have been damaged by fire, decay or other- wise to an extent exceeding one- half their original value, and which are so situated as to en- danger the safety of the public. 4. All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance. 5. The parking of vehicles on or blocking of any fire alley, pub- lic easement or road in this vil- la.ge leading to the shoreline of any navigable body of wat- er so as to interfere with, ob- struct or tend to obstruct the passage of any emergency pub- lic vehicle to such water. 6. All unnecessary noises and an- noying vibrations. 7. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, side- walks or public grounds except under such conditions as are provided by ordinance. 8. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crOWds of people to gather, ob- structing traffic and the free use of the streets or sidewalks. 8. All dangerous, unguarded ma- chinery, in any public, or so situated or operated on private property as to attract the pub- lic. 10. The distribution of handbills except as provided by ordinance. 11. All other conditions or things which are liable to cause injury by the person or property of anyone. SECTION 4. PENALTY. Any person violating any of the pro- visions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to e x c e e d one hundred dollars ($100.00), or by imprisonment for a period not to exceed ninety (90) cays. SECTION 5. SEPARABILITY. Every section, provision or part of this ordinance is declared sep- arable from every other section, provision or part; and if any sec- tion, provision or part hereof shall be held invalid, it shall not affect ~ny other section, provision or part. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect from and after its passage and publication. - ORDINANCE NO. 6 AN ORDINANCE DEFINING NUISANCES, PROffiBITING THEIR CREATION OR MAINTENANCE, AND PROVIDING A PENALTY FOR VIOLATION THEREOF The Village Council of the Vil- lage of Shorewood ordains : SECTION 1. PUBLIC NUIS- ANCES DEFINED. A nuisance is a thing, act, occupation or use of property which, 1. Shall annoy, injure or endan- ger the safety, health, comfort or repose of the public, 2. Shall offend public decency, 3. Shall unlawfully i n t e r fer e with, obstruct, or tend to ob- struct or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, al- ley or highway, 4. Shall in any way render the public insecure in life or in use of property. SECTION 2. PUBLIC NUIS- ANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health; 1. All decayed or unwholesome food offered for sale to the pub- lic. 2. All diseased animals running at large. 3. All ponds or pools of stagnant water. 4. Carcasses of animals not bur- ied or destroyed within twenty- four hours after death. 5. Accumulations of manure or rubbish. 6. Privy vaults and garbage cans which are not fly-tight. 7. The pollution of any public well or cistern, stream, lake, canal or body of water by sew- age, creamery or industrial wastes, or other substances. 8. All noxious weeds and other rank growths upon public or private property. 9. All public exposure of per- sons having a contagious dis- ease. 10. The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive fumes, in such quantities as to render the occupancy of prop- erty uncomfortable to a person of ordinary sensibilities. 11. All other acts, omissions of acts, occupations and uses of property which are deemed by the health officer of this vil- lage to be a menace to the health of the inhabitants of this village, or any considerable num. ber thereof. SECTION 3. PUBLIC NUIS- ANCES AFFECTING PEA C E AND SAFETY. The following are declared to be nuisances affecting public peace and safety: 1. All lim.bs of trees which are Passed this 17th day of July, less than eight feet above the 1956. - W. D. KENDRICK, Mayor ATTEST: ELSA 1. WILTSEY Clerk (Pub. M.R. July 26, 1956) -- ORDINANCE NO 7 AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE OF CIGARETTES AND CIGARETTE WRAPPERS The Council of the Village of Shorewood do ordain as follows: SECTION 1. LICENSE RE- QUIRED. Ne person shall directly 01' indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispose of any cigarette or cigarette wrapper at any place in the Village of Shore- woo d unless a license therefor shall first have been obtained as provided in this ordinance. SECTION 2. APPLICATION AND ISSUANCE. Application for such license shall be made to the village clerk on a form supplied by the village. Such applicant ~hall state the full name and ad- dress of the applicant, the location of the building and the part in- tended to be used by the applicant under such license, the kind of business conducted at such loca- tion, and such other information as shall be required by the appli- cation form. Upon the filing of such application with the clerk, it shall be presented to the village council for its consideration, and if granted by the coun.cil, a license shall be issued by the village clerk upon payment of the required fee. SECTION 3. LICENSE FEE. The fee for every such license ~hall be $12.00 per annum. Every license shall expire on December 31 next after its issuance. For any license issued after January 31 in any year, the fee shall be computed at the rate of $1.00 for each month or fractional part of a month covered by the license. Licenses shall not be transferable from one person to another. SECTION 4. LICENSE SHALL BE DISPLAYED. Every such li- cense shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon re- quest. SECTION 5. RESTRICTIONS. No license shall be issued except to a person of good moral char- acter. No license shall be issued to an applicant for the sale of cigarettes at any place other than his established place of business. No license shall be issued for the sale of cigarettes at a movable place of business; nor shall any license be issued for the sale of cigarettes at more than one place of business. No person shall sell or give away any cigarette, cigar- t::tte paper or cigarette wrapper to any person below the age of 18 years. No person shall keep for sale, sell, or dispose of any cigarette containing opium, mor- ' phine, jimson weed, bella donna, stl'ychnia, cocaine, marijuana, 01' - II any other deleterious or poison- ous drug except nicotine. SECTION 6. REVOCATION. Every such license may be revoked by the council for a violation of any of the provision of this or- dinance if the ilcense has been given a reasonble notice and an opportunity to be heard. SECTION 7. PENALTY. Any person who shall violate any pro- vision of this ordinance shall .be guilty of a misdemeanor and upon conviction thereof shall be pun- ished by a fine of not to exceed $100.00 or by imprisonment for not to exceed 90 days. SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect from and af- ter its passage and publication ac- cording to law. Passed by the council this 17th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA. I. WILTSEY Clerk (Pub. M.R. July 26, 1956) e ORDINANCE NO. 8 age of Shorewood and not de- AN ORDINANCE FOR THE signated as a Commercial Dis- PURPOSE OF PROMOTING trict herein. HEALTH, SAFETY, ORDER (b) Commercial District shall CONVENIENCE AND GENERAL embrace the following described WELFARE, BY REGULATING premises within the boundaries THE USE OF LAND, THE of the Village of Shorewood: LOCATION AND USE OF 1) In Section 25: Lot 15, Vine BUILDINGS AND STRUCTURES Hill; Lots 23 and 24, Auditor's ON LOTS IN THE VILLAGE OF Subdivision No. One Hundred SHOREWOOD, MINNESOTA Forty-one (141); Hennepin Coun- The Village Council of the Village ty, Minnesota. of Shorewood ordains: 2) In Section 33: Lots 5, 14, 23, SECTION 1. DEFINITIONS. 24, 25 and the Easterly 200 feet For the purpose of this ordinance of Lot 26 and the Westerly 660 certain terms used herein are de- feet of the Northerly 264 feet of fined as follows: Lot 27 all in Auditor's Subdivi- Lot: Land occupied or to be oc- sion Number 133, Hennepin cupied by a building and its acces- County, Minnesota, and Lot 1. sory buildings, or by a dwelling Eureka. group and its accessory buildings. to- 3) In Section 34: Lots 173. 289. gether with such open spaces as are 291, 305 and vacated road ad- required under the provisions of this joining same. Auditor's Subdivi- ordinance, having not less than the sion Number 135, Hennepin Coun- minimum area required by this 01'- ty, Minnesota, also Lots 14 and dinance for a building site in the 15 and the Southerly one-half of district in which such a lot is situ- Lot 13, Linden Park. ated, and having its principal front- Any land annexed in the future age on a street. shall be placed in the residential Use: The purpose for which land district until placed in another dis- or premises or a building thereon is trict by action of the village council. designed, arranged, or intended or SECTION 3. PROHIBITIONS IN for which it is or may be occupied DISTRICTS. Except as provided in or maintained. Section 9, in each district land and Non-conforming Use: A non-con- structures shall be used only for forming use in the use of a building purposes listed by this ordinance as or premise that does not conform permitted in the district. In each with the regulations of the use dis- district every building hereaftel' trict in which it is situated. ereded or structurally altered shall Yard: An open space on the same be provided with the required set- lot with a building or structure. back and yards, shall be on a lot of which open space is unoccupieed the area specified. and shall not ex- and unobstructed from the ground ceed the height specified in this 01'- upward. dinance for the district. No open Yard, Front: A yard extending space or lot required for a building across the front of the lot between shall during its existence be oc- the inner side yard lines and lying cupied by, or counted as ope,n space between the front line of the lot and for, another building. the nearest line of building or struc- SECTION 4. REGULATIONS FOR ture. RESIDENTIAL DISTRICT. Yard Rear: A yard extending Subdivision 1. Use Regulations. across the full width of the lot and In the residential district, unless lying between the rear line of the otherwise provided in this ordin- lot and the nearest line of the build- ance. no building or land shall be ing or structure. used and no building shall hereafter Yard, Side: A yard between the be erected 01' structually altered ex- side line of the lot and the nearest cept for one or more of the follow- line of the building and extending ing uses: from the front line of the lot to the 0 1. One or two-family dwellings rear yard. \" . \ and their accessory buildings. Setback: The setback is the mini- . ;~. 2. Plant nurseries or green. mum horizontal distance between V' '. houses; farms or truck gardens, the front line of the lot and the ,- but no retail stand for the dis- building or structure or any projec. '--' play or sale of agricultural pro- tion thereof. ducts or any other commercial SECTION 2. ESTABLISHMENT structure shall be located there- OF DISTRICTS. For the purpose of on without a special use permit. this ordinance the Village of Shore- 3. Public parks and play- wood is divided into use districts as grounds; golf courses or clubs. follows: Residential District and 4. Churches, libraries, mu- Commercial District. seums, schools, memorial build- (a) Residential District shall ings. including name plates and embrace all the real property bulletin boards placed in back within the boundaries of the Vill- of the prescribed setback line. e -- 5. Home occupations. 6. Clubs, lodges, fraternities and sorority houses without ser- vices to the public customarily carried on as a business. 7. Boarding and lodging houses accomodating not more than four people on a permanent basis, but not on a transient basis. 8. Temporary signs, not more than four feet square in area, pertaining to the lease or sale of the premises on which the same are located. 9. The following uses -- but only upon securing a special use permit as provided in Section 7: a. Hospitals, clinics and other buildings used for the treat- ment of human ailments. b. Philanthropic and chari. table institutions. c. Apartments or flats. SUBDIVISION 2. HEIGHT REG- ULA TIONS. In the residential dis- trict no building shall hereafter be erected or structurally altered to exceed 35 feet or 2'12 stories in height. SUBDIVISION 3. BUILDING SITE REGULATIONS. In the residential district, every building shall be lo- cated on a building site in one own- er~hip having an area of not less than 40,000 square feet, except that the following parcels may be used as building sites for dwellings if ail other regulations for the district re- quired by this ordinance are com- plied with: a. Any parcel under one owner- ship at the time of the adoption of this ordinance when the owner thereof owns no adjoining land. SUBDIVISION 4. FRONT YARD REQUIREMENTS. Each lot in the residential district shall have a front yard of not less than 35 feet. All buildings or structures shall have a minimum setback of 35 feet. SUBDIVISION 5. SIDE YARD REQUIREMENTS. Each lot in the residential district shall have two side yards, one on each side of the building. Every building hereafter erected or structurally altered shail have two side yards of a width not less than 8 feet. SUBDIVISION 6. REAR YARD REQUIREMENTS. Each lot in the residential district shall have a rear yard of a depth equal to 20 per cent of the depth of the lot to a maximum required depth of 25 feet for such yard. SECTION 5. REGULATIONS FOR COMMERCIAL DISTRICT. SUBDIVISION 1. USE REGULA- TIONS. In the commercial district. unless otherwise provided in this ordinance, no building or land shall be used, and no building shall be erected or structurally altered ex- cept for one or more of the following e trict, unless otherwise provided' be required except building. erect- ! in this ordinance, no building or I ed or used for dwelling purposes I land shall be used, and no build-I exclusively shall comply with the Ing shall be erected or structur- I rear yard regulatloM of the resi- ally altered except for one or I' dential district. more of the following uses: SECTION 6. ADDITIONAL 1. All uses permitted in the LIMITATIONS. In both residen- residential district, but Bub- tial and commercial districts, no ject to the same special use existing building shall be moved, permit requirements set out in structurally altered, add e d to, Section 4, Subdivision 1. enlarged or used, nor shall any 2. Retail stores and shops, land, building or premises be used restaurants and eating places. in any way, manner or extent for 3. Automobile statioM for any of the fonowlng uses or pur- the sale of gasoline, oil and poses or for any other use or pur- accessories, publlc garages, pose of a kind or nature similar to and automobile parking lots. the following uses or purposes, to- 4. Theatres, financial instltu- wit: tions, telephone and telegraph 1. Uses or purposes which, in otrices, mellenger offices, pro- relationship to permitted uses fe..ional offices. of other premises are noxious ~. Carpenter, furniture re- or otrensive by reason of the pairing or upholstery shops, emission of dust, odor, smoke, book binding ahops, dress gas, fumes or vibration or making shope, shoe repairing which are deemed extra haz- or dyeing shopa, newspaper or ardous by insurance com- job printing establishments, panies; electrical, ttnsmlthing, plumb- 2. Uses commonly known and ing, water, gas, or steam fit- ducribed 8S heavy industrial; ting shops, paint or paper 3. The raising or feeding of hanging shops. lWine or the commercial keep- 8. Other business uses which ing or raising of fur bearing in the opinion of the village animals unless conducted as council, are of the same gen- a part of a general farming eral chsracter as the uses operation carried out under enumerated in this subsection one ownership or management and wil1 not be obnoxious or on premlMa acletuate In slae detrimental to the district in and equipped for such general which located. farming operation: 7. The following uses, but 1 4. Fat renclering, fertilizer only upon the securing of a I manufacture, dead aIIImal re- special use permit as provided ductlon or glue manufactura, in Section 7: gas manufacture or lIIleWal': a. Undertaking establish- ~. The dumping of prbap, ments. dead animals or rubbUlh; b. Any drive-in business 8. Removal or .etora,. of where people are served in rock. sand or gravel, except automobiles. to the extent required in con- c. 0 u t d 0 0 l' advertising nectlon with the COMtruCtlon signs and structures, pro- of a building permitted in the vided, that the same shall district in which the same ls be erected or placed in back located, and except as may of the prescribed setback be required by state, county line required in the regula- I or village authorities in con- tlons for the residential dis- nection with construction or trict. maintenance of l' 0 ads and d. Motels. hotels. and trail- highways in said districts. er parks or trailer or tour- 7. The manufacture of ce- ist camps. ment. cement blocks. lime, e. Self service laundries gypsum or plaster of paris, and drycleaning and com- bituminous black top and tar; mercial laundries. 8. The manufacture or stor- f. Uses commonly desig- age of explosives, fireworks. nated as light industrial. acid, or bulk propane gas or SUBDIVISIN 2. HEIGHT REG- its derivatives other than cus- ULA TIONS. In the commercial tomarily stored for household district no building shall be erect- . or building use; cd or structurally altered to ex- 9. Above g l' 0 U n d gasoline ceed sixty feet in height. storage. or bulk gasoline stor- SUBDIVISION 3. SIDE YARD age other than In underground REQUIREMENTS. In. the com- tanks to the extent custom. D1('rcial district no side yard shall arily stored at fUJing statioM be required except. dwellings shall for automobile service; comply with the side yard regula- 10. The erection or main ten- lions of the residential district. ance of a fence higher than 6 SUBDIVISION 4. REAR YARD feet from the g-round level REQUIREMENTS. In the com- without obtaining- a special I mercial district no rear yard shall Ilse permit. e e 11. Operation or mainUlnl1',~':'.f of stock yardll, taJUMlriea, com- mercial keMell, veterlDar1 hospitals. JunJt yaro., or auto- mobile 01' machinery wncIdn&' or storing. or private or com- mercial gun clubs. The foregoing enumeration aball not be exclUSive. nor sball the l:lleS prohibited under this Section nece.saarily be cOIUltrued to be limited to tho.we of a kind or ..- lure similar to thOH enumerated. SECTION 7. SPECIAL USE PERMITS. SUBDIVISION 1 Spectal use permits may be issued for any of the following: it ^ ny of th,' uses or pur- pOK<!' lor which such permits aH' I "'lUlI'ed or permitted by the provisions of thill ordin- ance b. PubliC' utility or public ser- vice uses or public building in any dist rlct wht.n f,-,und to be necellsary for th(' public health, safety, convenienne or welfare. c. Commercial excavating of natural materials used for building- or construction pur- poses, in any district. d. To classify as a conform- ing use any institutional use existing in any district at the time of the esta.bUshment of such district. e. To permit the location of any of the following uses in 1\ district from which they are excluded by the proviaions of this ordinance without ftrst 'obtaining a. special use per- mit: motels, tourist camps, trailer parka, hospitals, clin- ics and other build1np for treatment of human aliments, undertaking establishments. philanthropic and charitable institutions and uses common- ly dulpated as light indus- trial. , SUBDIVI8!ON 2. Application for the tuuance of a specla1 use IJermit shall be made to the vil- lage council. The v1l1age council may hold such hearings on the proposal to issue a special use per- mit as it may deem necessary; but at least one public hearing following one week's posted notice or published notice in the official newspaper shall be held upoll any application for a use permit for the establishment of any use lilted in Subdivision I, clause e, of th18 Section. Should the v1l1age council find that the establishment, main- tenance. or conductin,g: of the \UMt tor which a use permit Is sou&1lt will not under the circumstances of the particular case be detri- mental to (1) health, safety, morala, comfort, convenience or wel- fare of the persons reaidlnc or working in the neipbor- , I I \ r hood of such use; or guarantees as it deems neees- in~pector shall enforce this ordi' (2) to the public welfare or sary to carry out the purposes 2nce through the proper legal Injurious to property and im- of this ordinance, channels. provements In the neighbor- SECTION 9. NON-CONFORM-' SUBDIVISION 2. Hereafter no hood. II"G USES. I person ~hall erect, alter, wreck, or the council may grant the use per- SUBDIVISION 1. Any nun-con- 11101'1' ,my building or part thereof mlt and It may attach to the per- forming use other than u~(' speci- \\'i: hout first securing a building mit such conditions and guaran- f;ed in Subdivisions 2 and 3, may rnmit therefor, except that no lees as are provided in Section 8 be continued until expiration of I e:mit shall be necessary for the of this ordinance. the time fixed by Subdivision 4, ex- c< nstruction, reconstruction, or SUBDIVISION 3. Any use pel'- cept that any non-conforming use :lteration of a building not used mitted under the terms of any spe- or building may not be: (o! to be used for commercial or cial use permit shall be establish- a. Changed to another non- ill'.lstrial purposes where the cost cd and conducted In conformity to conforming use; a! ~uch work does not exceed lhe terms of such permit and of b. Re-estabalished after dia- $1t. 00. any conditions designated in con- continuance for one year, If Sl '1DIVISION 3. Application nection therewith. it Involves a substantial build- for " buildin.g permit shall be SUBDIVISION 4. Any existing ing; or after discontinuance' l;lade' the village building in- use of land, building or other for any period in other cases, I spC'ctor" hlank forms to be fur- structure for which special per- c, Extended; : nished by 1 'p village, Each appli- mlts are required by the provi- d. Rebuilt after da.mage ex- I (ation for ' permit to construct ,lions of thla ordinance and at the ceeding 50 per cent of its 01' alter a bUlk"'1g- shall be accom- time of the adoption of this 01'- value. panipd by a)Jl drawn to scale dinance which special use permit SUBDIVISION 2. No junk yard showing the diml r .. ,ns of the lot has not been issued by the village I may continue as a non-conforming to hp built upon ill !1p si7.e and cou~1l In accordance with the use for more than one year after location of thp t,u,ld, , ',nd ac- regulations act out by this section the elTective date of this ordin- CI'ssory huihhn -', '(t tlt '",'eled. within six months following the ance, except that a junk yard may Applications for :l!ly ki'l(l '1 "dild- :1doption of this ordinance shall continup as a non-confo~ming use ing permit sl:.ll contain s']('h be deemed to be a non-conforming in a commercial district if within ether infol'lllathn as may ill.' use and all of the provisions of that period it Is completely en- deemC'd ne('essaay for the proper Section 9 of this ordlna~e shall closed within a building or within enforcement of this ordinance. apply to the use of such land, a continuous solid fence of such The fpes for buildng permits shall building or structure. The time height, not less than eight feet he :IS follows: \\Jrk costing un- limitations provided In Section 9 iI', any case, as to screen com- (If'r $100.00. no fe,' work costing shall In such cases be deemed to pleteiy the operations of the junk $100.00 to $1,000.00 $2.00 fee; any run from and after the expiration ya rd. Plans of such building or work costing over ',1,000.00 shall of the time herein allowf'd for the fenCe shall be approved by the Vil-I hc a $1.00 fee for 'lch $1,000.00 granting of such special permits. lage council before it is erected. 01' fraction thereof The vlllag(' SECTION 8. ADJUSTMENTS. SUBDIVISION 3. No outdoor building- inspector fhll Issue the The regulations specified in this advertising structure may con- huilding permit only .fter deter- ordinance shall be ~bject to the tinue as a non-conforming use for mining that the bui1ing plans, toOowin&, Interpretations and ex- more than six months after the together with the nplicatlon, ceptlons re&,arding use: f;t'fective date of this ordinance. comply with the terms f this or- a. Nothing in this ordinance' SUBDIVISION 4. No non-con- dinance. shall be deemed to prohibit fCl'ming l1se of a building may be SECTION 12 PC:--\LTIES. the construction or malnten- continued for' more than ten years AllY person who violates 'j fails to ance of any stand or shelter nfter the elT('ctive date of this or- comply with /'lny of the I>lvisions for the sale of agricultural .limmec, or if later, beyond the of t hi~ ordinance shall t.. ~uilty products produced on the end of a reasonable period for of a misdemeanor ..nd tll'" con- premises. amortization of the building. In viction thereof shall be P' I ~hed b. The village council by a ne, event shall the amortization by a fine of not to exceeu 'ore four-fifths vote shall h a v e period. commencing with the com- than one hundred dollars ($1(11 '0) power to make adjustments pletion of erection of the building, or by imprisonment for not t(I x- In and exceptions to any ()f be more than: ceed ninety days for each offp... the provisions of this ordln- a. 30 years for building of Each day that the violation is p' dlnance to the extent of the ordinary woo d frame con- mitted to exist shaall constit;' following and no furthE'r: I struction; a separate offense. 1. To vary or modify the b. 40 years for building of SECTION 13. REPEAL. Or strict a.ppllcation of any of the wood and masonry construc- dinan.ce NO.2 of the Town of Ex regulations or provisions con- lion; celsior, approved February 3. 1950. talned in this ordinance In c. 50 years for buildings of together with its amendments. be- easel which the council finda other construction. Ing Ordinance numbers 5, 8, 13, that tl'lere are practiea.l cWri- SECTION 10. AMENDMENTS. 14, 16 and 18 of the Town of Ex- cultles or unnece...ry hard- This ordinance may be amended celsior, are hereby repealed. lIli.. In the way of ..eh strict (.nly by a four-Mhs vote of the SECTION 1-1. EFFECTIVE application. village council after a public hear- DATE. This ordinance shall take J. Detore m&k1n&' Ita &telllon ing on such amendment has been elTect from and after ils passage IIpOIl any application for llUeh duly advertised and held. Pro- and publication. an adj....tment or exception. ceedlngs for such amendment may Passed this 24th day of July, the village eouncUl _hall hold (Continued on Page 5.) 1956. a puItlic bearing thereon and be Initiated by (1) the village shall tllenatter make Ita de- council, or (2) the \'erified petition clalon. TIle vUlare eouncU of not less than fifty per cent of .....1 elUNr J'I"&Ilt or deny thou property owners within 500 ... application, and It aha1I teet of the proposed change. attMll to the rrant ot the ap- SECTION 11. ENFORCEMENT. pUoaUon INch condttloaa aDd SUBDIVISION 1 The building e e - W. D. KENDRICK. Mayor. ATTEST: ELSA I WILTSEY, Clerk (Puh. MR. August 2, 1956) .' ORDINANCE NO. 9 AN ORDINANCE ADOPTING THE FEDERAL HOUSING ADMINISTRATION MINIMUM PROPERTY REQUIR8MENTS FOR PROPERTIES OF ONE OR TWO LIVING UNITS LOCATED IN THE STATE OF MINNESOTA; ADOPTING TIlE MINIMUM REQUIREMENTS FOR INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THE STATE OF MINNESOTA; ADOPTING THE MINNESOTA PLUMBING CODE; AND ADOPTING MINNESOTA WIRING STANDARDS. The Village Council of the Vil- lage of Shorewood Ordains: SECTION 1. CODES ADOPT- ED. The Federal Housing Admin- istration Minimum Property Re- quirements for Properties of One or Two living Units Located in the Stnte of Minnesota, F.H.A. Form No. 2246, Revised April, 19- 52, and as Amended to Date, in- cluding Minimum Requirements for Individual Water Supply and Sewage Disposal Systems for the State of Minnesota, Revised May, 1952; The Minnesota Plumbing Code of Minimum Standards and Requirements as adopted by the Minnesota State Board of Health. July 20, 1937, and as Amended to "Clate, and Minnesota Wiring Stan- dards published in 1953 by the State Board of Electricity, a l' e hereby adopted and shall be in full force and effect in the Vil- lage of Shorewood in so far as applicable to building construc- tion; water supply and sewage disposal systems; plumbing sys- tems and electric wiring therein. All such construction work done hereafter in the village shall be done in accordance with the pro- visions thereof. SECTION 2. COPIES OF CODE TO BE FILED. Three copies of e;lch of the above codes as afore- said shall be filed by the clerk in his office for inspection and use of the public, and shall be marked "Village of Shorewood - Official Copy." This ordinance shall be- come effective upon such filing nnd upon publication hereof as required by law. SECTION 3. CHANGES. Where the words "Chief Underwriter" or the words "Federal Housing Ad- ministration Office" are used in the first two a b 0 v e mentioned codes, they shall be construed as referring to the village building inspector, or such other person as may be designated by the coun- cil. SECTION 4. BUILDING PER- 1\1:1TS. No person may erect any structure of any kind or add to the outside dimensions thereof, nor re-locate any building already constructed or which may here- - . inafter be, or construct any water supply and sewage disposal sys- , tern, plumbing or electric wiring within the limits of the Village of Shorewood, Minnesota, and without first making application to and procuring from the village building inspector or other per- son designated by the village council, with the approval by the village council, a permit to do so before such work is commenced. The application for the permit shall state the exact site to be occupied, or used and pro b- ~'ble time when the work will be completed, and shall be ac- companied by such drawings and specifications as are describ- ed in the above codes as aforesaid. Such applications shall show af- firmatively that all work will com- ply with every provision of the above codes as aforesaid and shall be approved by the village build- Ing inspector or other person des- Ignated by the village council as showing such agreed compliance before the permit may be granted. Permits shall be made in dupli- cate, with extra copies, when so ordered by the village council, and one copy shall be retained by the village. Before any permit is is- sued, the applicant shall pay the building inspector or village clerk, the proper fee therefor according to the following schedule: Work costing under $100.00, no fee; work costing $100.00 to $1,000.00, $2.00 fee; any work costing over $1,000.00 shall be a $1.00 fee for each $1,000 or fraction thereof. Moving permits shall be issued as provided by ordinance. Fees col- leoted for permits shall be paid to the village. Every such per- mit so issued shall be in force for one year after its issuance. Re- newals of expired permits shall not be issued without re-inspection by the building inspector, or such other person designated by the vil- lage council, and payment of the required fee therefor. SECTION 5. SURVEY. Every application for a permit for the construction of any structure, shall be accompanied by a plat of survey prepared by a registered land surveyor, showing the boun- dary lines of the tract of land to be improved and the proposed lo- cation of the structures or im- provements to be constructed thereon. Every application for the installation of a water supply or sewage disposal system shall be accompanied by a sketch showing the proposed location of such sys- tem relative to boundary lines, lo- cation of existing structures and location of existing wells in the immediate vicinity, that may be affected by such installation. In the event that the minimum require- ments for individual water supply and sewage disposal systems can- .- not be met by any such proposed installation being made to replace or improve any existing water mpply or sewage disposal system and the issuance of a permit will not materially adversely affect others in the judgement of the building inspector or other per- son designated by the village coun- cil, such requirements may be waived and a permit issued, pro- vided that the minimum require- ments of the State law in the mak- in.g of such installation are com- plied with. SECTION 6. BASEMENTS. No basement shall hereafter be con- structed, altered, or occupied for rcsidential living purposes, unless a special permit is obtained from the village councl therefor. SECTION 7. BUILDING IN- SPECTOR. The Village Council shall appoint a building inspector, or some other person, who shall be charged with the administration of this ordinance. SECTION 8. ENFORCEMENT -PENALTY. It shall be the duty of the village building inspector, or other person designated by the village council, to enforce the pro- visions of this ordinance. All con- struction work hereafter done, shall be inspected and if not found LO be in accordance with the said codes, shall be corrected. If, af- ':er written notice to the person doing such construction work re- quiring correction thereof or work done without a permit, such person neglects or refuses to con- form to such order, the village council or duly appointed inspector may order further construction work to stop. Any person cover- ing constnlction work without its being duly inspected or refusing to correct work when ordered to do so, or any person who shall proceed with the construction work without a permit to so do, when sue h permit is required hereunder, shall be punished by a fine of not to exceed $100.00 or by imprisonment for not to ex- ceed 90 days. Each day that a violation is permitted to e xis t, shall constitute a separate of- fense. SECTION 9. ZONING ORDI- NANCE ENFORCEABLE. Any Zoning Ordinances of the Village of Shorewood shall not be affected by the enforcement of this ordi- nance, and one or two family liv- ing units shall be located and con- structed strictly as provided in flaid zon.ing ordinance. Passed by the Village Council this 14th day of August, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA I. WILTSEY, Clerk (Pub. M. R. August 23, 1956) ~~....-~~.......................~.......~ * LEGAL NOTICE . ORDlNANC.I<J NO. 10 AN ORDINANCE REGULATING THE MAINTENANCE AND OPERATION OF TRAILER COACH PARKS AND THE PARKING OF AUTOMOBILE TRAILER COACHES IN THE VILLAGE OF SHOREWooD The Council of the Village of Shorewood ordains: SECTION 1. For t:1e purpose 01' this ordinance, the following terms shall be construed to have the meaning herein given: (a) The W 0 r d s "trailci' coach" shall milan any motor vehicle, trailer, or semi-t.rail- er, as defined by Minn.esota Statutes Annotated, Sec. 327.- 14, which is designated or can be used for living or sleeping purposes. (b) The term "trailer coach park" shall mean an approv- ed area, lot or parcel of land, designed, reserved and main- tained for the parking of trailer coaches and the resi- dence therein of trailer coach occupants, as defined by Min- nesota Statutes Annotated Se(~. 327.14. ' SECTION 2. No person, firm or corporation shall maintain and operate a trailer coach park with-/ in the Village of Shorewood with- out first obtaining from the Vil- lage Council a special use permit to do so. SECTION 3. No trailer coach park shall be operated 01' main. tained within any portion of the "residential district" of the Vil- lage as defin.ed by the Village of Shorewood Zoning Ordinance. SECTION 4. The health and sanitary conditions of such trailer coach park shall, at all times, comply with the rules and regu- lations of the Department of Health of the State of Minnesota and the local ordinances. SECTION 5. No trailer coach may be parked 'A-ithin the Village of Shorewood except in it licensed trailer coach park for a period of more than ninety (90) days. (a.) The trailer coach must be parked on land owned by the trailer coach occupant, where it is not parked in a licensed trailer coach park as provided by M.S.A., Sec. 327.28. (b) When the trailer coach occupant is in the process of erecting a permanent resi- dence, to be occupied by him, he may, by authorization of the Village Council, secure a permit lasting until such time as the permanent residence is ready for his occupancy. (c) Only one ninety (90) day permit to maintain a . . trailer coach in any lOcation, every other section, provision or other than a licensed trailer part hereof shall be declared in- coac~ p.a~k shall ~e issued to I valid, It shall not affect any other any mdlvldual durmg a calen- ! section, provision or part. dar year. I SECTION 12. Ordinance No. 17 SEC'fION 6. No occupied trailer I of the Town of Excelsior, adopted coach shall be parked anywhere! March 4, 1955, is hereby repealed. within the Village of Shorewood SECTION 13. This ordinance for a period of more than twenty- shall take effect from and after four (2.1) hours without first reg- its passage and publication. istering with the village clerk, Passed by the council this 24th giving names, ages, a.ddresses and day of July, 1956. occupation of each occupan.t of \V. D. KENDRICK, such trailer coach and the pro- Mayor posed length of stay of such ATTEST: trailer. At the time of making ELSA I. \VILTSEY, such application, the applicant Clerk shall pay a fee of $1.50 as pro- (Published M.R. August 9, 1956) vided by M.S.A. 327.28. (a) It shrill be the duty of the Building Inspector to inspect each trailer coach within twenty-four hours after noti- fication by the clerk's office that application has been made by occupant. The pur- pose of the in.spection shall be to determine whether in- formation furnished on the application for permit shall be true. (b) The Building Inspector shall make, or cause to be made, an inspection of the trailer coach and surrounding premises to ascertain that all local and state fire laws are complied with before a per- mit shall be issued. SECTION 7. No occupied trail- er coach shall be parked any- where within the Village of Shorewood for a period of more than twenty-four (24) hours un- less there is available during hventy-four (24) hours of each clay to the occupants of such trail- er coach running water, and toilet facilities on the property upon which such trailer coach is parked. SECTION 8. It shall be unlaw- ful to permit waste water from sings, showers, or other fixtures in trailer coaches to be deposited on any street, alley, tourist camp, on any lot within the corporate limits of said village. SECTION 9. No person OCCUDY- lng any trailer coach anywhere'" in the Village of Shore wood shall 1'e- move its running gear, wheels or other equipment designed for transportation of' such trailer. coach and then continue to occu- I py such trailer coach. I SECTION 10. Any person who I sha~l violate any pro:rlsion of thiS' ordmance shall be gUilty of a mis- demeilnor and upon conviction thereof shall be pun.ished by a fine of not to exceed One Hundred Dollars ($100.00) or by imprison- ment not to exceeed ninety (90) days. SECTION 11. Every section, prOvision or part of this ordin- ance is declared separable from I ''''V~TT~TT~TTV,"'"'I e * LEGAL NOTICE ORDINANCE NO. 11 AN ORDINANCE REGULATING THE SUBDIVISION OF LAND IN THE VILLAGE OF SHOREWOOD, MINNESOTA The Village Council of the Village of Shorewood ordains: SECTION 1. No platted land, unplatted land, lot, tract or area within the limits of the Village of Shorewood shall hereafter be platted, subdivided, or replatted unless the area of each lot or tract in the proposed plat or subdivision shall be no less than 40,000 square feet unless such requirement is waived by a unanimous vote of the Village Council, and any such plat shall be approved by the Village Council before the same shall be filed with the Register of Deeds. SECTION 2. Any deed or in- strument of conveyance of any lot, tract, or parcel of land in the Village of Shorewood to be used for residential purposes which describes a lot, tract, or parcel of land of less than 40,000 square feet shall be void unless such lot, tract, or parcel is a separate parcel of land of rec- ord at the time of adoption of this ordinance or unless the agreement to convey such par- cel has been entered into prior to the adoption of this ordi- nance and the instrument of conveyance is recorded or reg- istered within six months from said date. SECTION 3. Nothing in this ordinance shall prohibit the sub- division, replatting or convey- ance by metes and bounds de- scription of any parcel of land of less than 40,000 square feet if such parcel is added to, and combined with, and becomes a part of an adjacent lot or area used for residential purposes so as to increase the size of such adjacent tract or parcel of land, provided that the remaining por- tion of such tract being so divid- ed shall not be less than 40,000 square feet in area, unless such remaining tract is also added to and combined with and be- comes a part of some other ad- joining tract. SECTION.4. Each lot, tract or parcel of land in any tract being hereafter platted, subdi- vided or replatted shall have a frontage of not less than 100 feet, unless such requirement is waived by unanimous vote of the Village Council, provided that in no event shall there be a frontage of less than 80 feet, and no such lot, tract or par- cel shall have a depth of less e e than 120 feet, unless such re quirement is waived by a unanimous vote of the Village Council. SECTION 5. This ordinance shall apply only to land in areas zoned for residential uses by any zoning ordinance of the Vil- lage of Shorewood. SECTION 6. The village clerk is hereby instructed to file a certified copy of this ordinanc(> in the Office of the Register of Deeds of Hennepin County, Min- nesota, as notice of the pro- visions hereof. SECTION 7. Any owner or agent of the owner of land who conveys a lot or parcel in viola- tion of the foregoing provisions of this ordinance, shall forfeit and pay to the Village of Shore- wood a penalty of not less than $100.00 for each lot or parcel so conveyed, and the Village of Shorewood may enjoin such con- veyance by injuction or may recover such penalty by a civil action in any court of compe- tent jurisdiction. Any person violating this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to ex- ceed 90 days for each offense, and any platting, replatting or subdividing, or conveyancing of land not in accordance here- with may be enjoined. SECTION 8. Ordinance No. 11 of the Town of Excelsior, ap- proved April 9, 1954, is hereby repealed. SECTION 9. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Village Council this 25th day of July, 1956. W. D. KENDRICK, Mayor ATTEST: ELSA 1. WILTSEY, Clerk (Published M.R. August 9, 1956) - ORDINANCE NO. 12 AN ORDINANCE ESTABLISHING HARBOR LIMITS AND PROHIBITING NUISANCIlS THEREIN The Village CouncU of the Vil- lrge of Shorewood Ordalnl: SECTION 1. HARBOR LlMITS. Thc geographical and jurilld1ctlon- nl Umits of the vlllage in; on and over navigable waters in or ad- jacent to the village shall extend to the harbor limits of any ad. joining municipality or other gov- ernmental u1l1t. SECTION 2. PRIMARY HAR- BOR LIKIT. The area within 300 feet of the water line on the shore of any lake or other body of water In or adjacent to the vlllagC' shall be known as the "Pl'imary Harbor Limit." SECTION 3. SECONDARY HARBOR LIMIT. The area ex- tendihg from 300 feet of the water line on the shore of any lake or other body of water in or adjacent to the vilJage and to the harbor limits of an adjoining municipali- ty or other governmental u nit shall be known as the "Secondary Harbor Limit." SECTION 4. JURISDICTIONAL LIMIT. The harbor limits of this viUage shall be deecned not to ex- trnd beyond a point half way be- tween the shores of the body of water over which this vlllage has jurisdiction and the shores of the body of water located in another vll1age or governmental unit. SECTION 5. NUISANCES PROHIBITED. No person ahall conlmit or maintain a public nui.- anee in or upon the waters of ~ lake or other body of water with- in the jurisdiction of this Village; nor, shall any person let, permit, or enable any other person to use any boat, dock, craft or structure. or portion thereof, knowing that it i. Intended to be used for com- mitting or maintaining a public nuisance. No person shall wilfully prevent, hinder, oppose or obstruct 1\ pUblic official In the perform- nnce of his duty In carrying out the provisions of this ordinance, or In removing or abating a public nuisance. SECTION 6. NUISANCES DE- FINED. A public nuisance is a crime. puniShable as a misdemean- or, and consists in unlawfully do- ing an act of omitting to perform ll. duty, which act or omission shall: SubSC'cUon 1. injure or endan- ger the safety, health, or comfort of the public; or, Subsection 2. offend public de- cency; or, Subsection 3. unJawfully inter- fere with, obstruct, or tend to ob- stroct or render dangerous for use or passage, a body of water with- in the harbor limits of the vlllsge. SECTION 7. SPECIFIC PUB- - - LIe NUISANCES DEFINED. The tenn "Public Nuiaance" shall be r:ecmed to include the following: Subsection 1. Anything declared to be a public nUUlanee by an or- dinance of this village. Subsection 2. The deposltlng of refuee, waste or other deleterious. poi!onous or Injurious substance. within the harbol' Umitl of the vilJage. Subsection 3. The depositing of sewege within the primary barbor limits of the village. Subsection 4. The erection or maintenance of any dock or struc- ture which interferes wit h, ob- structs, or tends to obetruct or render dangerous for use the wat- ers within the primary harbor limits of the village. Subsection 5. The failure to op- erate a boat or vessel in accord- ~nce with the provisions of Min- nesota Statutes Annotated 381.01 to 361.21, inclusive. and Minneso- ta Statutes Annotated 381.41 to 361.50, inclusive, which statutes are hereby adopted and incorpo- rated herein. and made a part hereof, as fully as if eet forth com- pletely. Subsection 6. Water akling or surf boarding within 50 feet of an occupied craft within the har- bor limits: and any carel... or reckless act on water skis or tl BUrf board within the primary har- bor Umlts. Subsection 7. The overtaking and/or passing of any craft in a channel or narrow passage by the operator of any motor boat, speed boat, or of an,y vessel under power. no as to endanger other craft: and all craft shall proceed through all channels and narrow passages of water at safe speeds. otherwise the operator thereof !!hall be deemed to have committed a public nUisanCe. Subsection 8. The failun to equip and maintain lights. and to have such light... Jlghted when the boat or vessel is operating within the harbor limits of the village at night. Subsection 9. Obstructing or in- terfering with passage of a boat or vessel through a channel or nnrrow water passageway. Subsection 10. Operating a boat or vessel in a careles8 or reckles~ manner in or abotlt a public swim- ming beach. Subsection 11. Swimming In a channel, or jumping or diving from a channel bridge. SECTION 8. PENALTY. Any person Violating any of the pro- visions of this ordinance shall be guilty of a misdemeanor and shaJl be punishl'd by a fine of not to l'xceed one hundred dol I a r s ($I00.00l, or by imprisonment for a period not to excced ninety (90l days. SECTION 9. EFFECTIVE DATE. This ordinance Iba11 take effect and be in tuB fo~ from and alter its pauqe and publica- tion. Paued by the councU this 14th day of AUJ'WIt, 1961. W. D. KJDNDRlCK, Mayor ATTJDST: ELSA I. WILTSEY, Clerk (Pub. K. R. August 23, 18&6)