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1958 Ord 17-22 - ''''~''''''''''''''''''''''''''~''''''''''''' * LEGAL NOTICE ORDINANCE NO 17 AN ORDINANCE REGULATING THE USE OF HIGHWAYS wtITHIN THE VILLAGE OF SHOREWOOD, INCORPORATING PROVliSIONS OF THE STATE HIGHWAY TRAFFIC REGULATION ACT BY REFERENCE, AND IMPOSING A PENALTY FOR THE VIOLATION THEREOF The Village Council of the Vil- lage of Shorewood, Minnesota, do ordain as follows: SECTION 1. Highway Traffic Regulation Act Incorporated by Reference. The regulatory provisions of Minnesota Statutes 1945, Chapter 169, ~s amended by Laws 1947, Laws 1949, Laws 1951, Laws 1953, Laws 1955 and Laws 1957, are hereby adopted as a traffic ordi- nance regulating the use of high- ways streets and alleys in the village and are hereby incorporat- ed and made a p.art of this ordi- nance as completely as if set out here in fUll. SECTION 2. No Parking and Limited Parking Zones. The Village Council may, from time to time, by motion or resolu- tion designate portions of the highways and streets within the Village of Shorewood as nO park- ing zones or limited parking zones and shall cause such zones to be marl{€d by appropriate signs. The location of such signs limiting parking shall be prima facia evi- dence that the village council has by proper resolution or motion authorized the establishment of such no parking or limited park- ing zones. The council shall make a determination of such no park- ing zones or limited parking zonfS on the basis of convenience to the public and traffic hazards. No person shall park any vehicle in a no parking zone or any limit- ed parking zone between the hours of 8:00 a.m. and 10:00 p.m. for a longer period than is speci- fied on the signs marking such zones and any violation thereof shall be a misdemeanor. SECTION 3. Passing School Bus- es. The driver of a vehicle upon a street or highway in the village, upon meeting or overtaking from either direction, any school bus which has stopped on the high- way for the purpose of receiving or discharging any school child or e . children, shall stop the vehicle im- mediately upon the extension of a stop signal arm by the SChool bus driver and shall remain stop- ped until the school bus driver retracts the stop signal arm, but may then proceed with due cau- tion for the safety of such chil- dren. SECTION 4. Drive,rs License - Vehicle Ownership - License Re- quired. No person shall drive or op- erate a motor vehicle upon any st;eet or highway in the village WIthout having in his possession as required by Laws of the State of Minnesota a valid drivers li- cenSe or chauffeurs license. No person shall drive or operate a motor vehicle belonging to an- other without the owner's consent. No person shall drive or operate a motor vehicle without having thereon proper motor license plates as required by the Laws of the State of Minnesota. SECTION 5. Penalty. Any violation of the provisions hereof or of the statutes adopted 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 ordi- nance 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 not to exceed 90 days; but if a minimum fine or imprisonment is prescribed by the state high- way traffic act for an offense, such penalty shall apply to a per- son convicted of the same offense under this ordinance. SECTION 6. Repeal. Ordinance No. 1 of the Village of Shorewood entitled "An Ord1- nance Regulating the Use of High- ways within the Village of Shore- wood, Incorporating Provisions of the State Highway Traffic Refer- ence, and Imposing a Penalty for the Violation thereof" is hereby repealed. SECTION 7. Effect. This ordinance shall take effect from and after its passage and publication by Law. Passed by the Village Council of the Village of Shorewood this 11th day of March, 1958. LESTER R. BADGER, Mayor , '''to- ATTEST: Elsa 1. Wiltsey, Clerk (Published in the Minnetonka Record March 27, 1958) .}. <..... ., - . I '.' " .... ., '- .. " I;' i' I! (' ORI>lNANCE NO. 18 AN OHDINANCE REGULATING THE INSTALLATION AND CONSTRUCTION O~' INDIVIDUAL WATER SUPPLY AND SEW AGE DISPOSAL SYSTEMS IN THE VILLAGE OF SHOREWOOD, COUNTY O~' HENNEPIN, MINNESOTA, AND LICENSING OF PERSONS ENGAGED IN INSTALLATION AND CONSTRUCTION OF INDIVIDUAL SEW AGE DISPOSAL SYSTEMS The Village Couneil of the Village of Shorewood do ordain: Section J. This ordinance shall be known as the Shol'ewood In- dividual Water Supply and Sewage Disposal Code and shaH be in full force and effect from the date of its passage and publication. Section 2. The Village Council shall appoint a water and sewage Inspector or some other person, who shall be charged with tho ad. ministration of this ordinance. Section 3. Before proceeding with the installation, alteration, repair, or extension of any Individual sewage disposal system in the Vll1sll'e, of Shorewood, the owner 01' lessee thereof, or his pgent, shall first obtain a permit from the Vl11age Council of the VlIIage of Shore- wood or its designated employee charged with the administration of this or~inance for the specific installation, alteration, repair, or ex. tension; and, at the time of applying for said permit, he shall pay a fee tllcrefor of $5.00. Such permits shall be valid for a period of six mont,hs from date of issue. Section 4. Applications for permits shall be made in wl'itinll' upon printed blank. or forma furnished by and obtainable fl'om the wator and IOwage In.peetol' and shall be signed by the applleant', Section 6. Each application for a permit s,hall have thenon the correct legal description of the propel'ty on which the proposcd in- stallation, alteration, repair, or extension is to take place. Seetion 6. Each application for a permit shall be accompanied by Ii plat plan of the land showing the location of any proposed or exist- ing buildings located on the property with respect to the boundary lines of the property, and complete plans of the Pl'oposed disposal facility with substantiating data, if necessary, attesting to the com- pliance with the minimum standards of this ordinance. A complete plan shall include the size and design of all parts of the disposaJ facility to be installed, altered, repaired, or extended. The application shall also show the present or proposed location of water supply facilities, and woter supply piping, and the name of the person, firm, or corporation who is to install the sewage disposal system, and such further information &s may be required by the Village Council. Section 7. The Village Council and the village sewer and watcr inspector and other agents and employees of the Vilrage Council shall be guided by the following enumerated standards in issuing permits under this ordinance and shall reasonably follow and enforce the same:, 1. No individual sewage disposal s)'stem shall be located so that it is nearer to any source of water supply or any buried water suction line than 50 feet or nearer to any lake, stream, or body of water than 25 feet nor nearer to ,dwellings than 10 fcct. 2. Raw sewage or scptic tank effluent shall not be discharged to the ground surface, abandoned wells, or bodies of surface water. 3. Installations in low, swampy areas, 01' areas wllich may bc subject to flooding shall not be acceptable. 4. In areas of high ground water table, the final disposal unit shall be II tile field. Thu buttom of the tile lateral shall be not less than 2 feet above the known or calculated high water table. . 6. Footing or roof drainage shall not enter any part of the system. 6. Sewage disposal system shall consist of a house sewer and septic tank system. Septic tank system_ shall consist of a septic tank with effluent discharging into a subsurface disposal lield or one or more seepage pits or a combination of the two. All sanitary sewage including laundry wastes and basement floor drainage shall be discharged, to the system through the .eptlc tank. 7, Sewer Construction. No buried or concealed portion of the house sewer, building drain, or branchcs thereof shall be looated less than 20 feet from a well. The portion of any hCI\1"o ;~{:>\\'(Ji'. Vtirllti'tig- 1(1\':'11\\', \W lIb\n\'ln~~ t11H'I.tH ftfHf~ Hi~ii :!~i ~".'j' '1M ,.;:: t. e. It' lO- ';,r "..; () less than 50 feet !tom a well shall be constructed of eemell~ asbestos or heavy cast iron water-tight soil pipe and be not less than 4 incJ1cs in diameter, and those portions of house sewer, building drain, or branches thereof more than 50 feet from a well shall be not Jess than '6 inches in diameter and constructed of cast iron, cement asbestos, or bituminized fiber pipe. All joints shall be water tight. Construction of the line sJ1all be on grade of not less than 1/8 inch per foot. The 10 feet of sewer immcdi- ately preceding the septic tank shall not slope more than 14 inch per foot. No \10. ells shall be permitted, and where the direction of the sewcr is changed in excess of 221h 0, accessible clean-outs sllall be provided. 8. Septic Tanks. The design shan be such as to provide llccess for cleaning anll shall be located not less than 10 feet from adjoining property lincs and 50 feet from any source of domestic water supply. The capacity shall be based upon the number of bedrooms contemplated in the dwelling served and shall conform to the following table. MINIMUM CAPACITIES FOR SEPTIC TANKS Minimum liquid capacity of tank in gallons 750 900 1,000 For each additional bedroom, add 250 gallons. Garbage disposal units shall not be installed in any residence unless the dwelling is served with a disposal system consisting of at least two septic tanks, one of 700 gallons minimum capacity and a second of 500 gallons minimum capacity together with 200 feet of drainage field. The liquid depth of any septic tank or compartment shall not be less than 30 inches, and a liquid depth greater than 61h feet shall not be considered in determining tank capacity. Inside hori- zontal dimensions of tanks or compartments shall not be less than 24 inches. Intet and outlet connections of the tank and of each compartment shall be submerged and baffled; and the inlet baffle or submerged pipe shall extend at least 6 inches, but not more than 20 per cent of the total hquid depth, below the liquid surface and at least one inch above the crown of the inlet sewer. The outlet baffle or submerged pipe and the baffles or submerged pipes between compartments shall extend below the liquid sur- face a distance approximately equal to 40 per cent of the liquid depth and shall also extend above the liquid surface to provide scum storage, which volume shall not be less than 20 per cent of the total required liquid capacity. The inlet invert shall be not less than 3' inches above the outlet invert. The construction of the tank shall be such as to assure its being water tight and shall be constructed of sound and durable material not subject to excessive corosion or decay. It shall be so constructed as .to provide necessary ventilation of the tank and disposal field. Ade- quate aCcesS $hall be provided to each compartment of the tank. 9. Sub-surface disposal fields. The location of the disposal field shall be in accordance with the minimum distances as set out for the location of septic tanks except that minimum distance from property lines my be reduced where proper drainage exists. A distribution box of sufficient size to accomodate the necessary tile field lateral lines shall be constructed at the head of each dispoSllI field. Each tile field lateral line shan be connected sep- arately to the distribution box and shall not be subdivided. The invert of all outlets shall be level and the inlet invert shall be at least one inch above the outlet inverts. The outlet inverts shall be at least 4 inches above the distribution box floor for the pur- pose of securing equal distribution of the septic tank effluent through each tile lateral. In the event that septic tank effluent is delivered to the distribution box by pump, a baffle wall shall be installed in the distribution box. The baffle shall be secured to the bottom of the box and shall extend vertically a distance at least level with the crown of the inlet. The plane surface of the baffle shall be perpendicular to the inlet flow lien. 10. a. All trenches in a disposal field shall be constructed in accordance with the following minimum standards: (1) Minimum number of lines per field .................................... 2 (2) Maximum length of individual liner;;' .................... 100 feet Number of bedrooms 2 or Jess 3 4 :>.. '. ..I! ~ . - -_.............--...~--. . (3) Minimum bottom width of trench m....................... 18 inches (4) Maximum depth of cover of tile lines ......m........... 36 inches (5) Preferred depth of cover of tile lines .................... 18 inches (6) Maximum uniform grade of tile lines .......... 6 inches per ft. (7) Preferred uniform grade of tile lines 2 in. to 4 in. per 100 ft. (8) Size and spacing of trenches ................ conform to Table II (9) Minimum filter material under tile ........."m............ 6 inches (10) Minimum filter material over tile .............................. 2 inches TABLE II SIZE AND MINIMUM SPACING REQUIREMENTS FOrt DISPOSAL TRENCHES Width of Tr; Depth of Tr. Effective absorption Minimum spacing at bottom in area' in of lines in feet in inches inches sq. ft. per lin. ft. center to centcr 18 min. 18 to 30 1.5 6 21 18 to 30 2.0 6 30 18 to 36 2.5 7.5 36 max. 24 to 36 3.0 9.0 b. Pipe used for the line between the septic tank and the dis- tribution box and between the distribution box and the tile \ laterals to the point where the laterals are separated six feet, shall be vitrified clay, cement-asbestos, or cast-iron. Joints in such pipe shall be watertight. Such water-tight sections laid in the disposal field shall not be considered in determining thc cffective absorption area. c. I~ield tile used in the disposal field shall be not less than 5 inches in diameter and shall be laid with ~ inch open joints. '(1) All open joints shall be protected, on top, by strips of asphalt-treated building paper at least 10 inches long and 3 to 6 inches wide or by other means acceptable to the person responsible for the administration of this ordinance. (2) All bends used in the disposal field shall have one tight joint at each end of the bend. d. Filter material shall be crushed rock, crushed cinders or rock. (1) Such material may vary from % to 2% inches in size. (2) Stone shall be free of dust, sand or clay. (3) The filter materials shall completely encase the tile. e. Material used on top of the tile shall be sufficiently fine or graded so as to prohibit filtering of backfill material iilto the tile lines. ' f. Where it is necessary to fill an area for construction of tile laterals, the bottom of the tile trenches shall extend not than one foot into original soil. 11. Seepage Pits. The use of seepage pits is permitted for disposal of septic tank effluent only when such use is indicated by favorable condition of soil, ground water level, or topography and when such use is specifically allowed by the Village Council after a complete investigation of the facts in each system. Seepage pits shall not be used in areas where shallow wells are used as a source of water supply. Any permit issued by the Village Council, its agents or employees, for the use of seepage pits shall carry with it special requirements as designated by the Village Council so as to protect the purity of the surrounding sources of water supply. Section 8. The village water and sewer inspector or other agents or employees of the Village Council shall make such inspection or inspections as are necessary to determine compliance with this or- dinance. It shall be the responsibility of the applicant for the permit to notify the water and sewer inspector not less than 48 hours in ad- vance that the job is ready for inspection or re-inspection. It shall he the duty of the owner or occupant of the property to give the Village Council, its agents or employees, free access to the property at reasonable times for the purpose of making such inspections. No part of the sewage disposal system shall be covered until it has been . inspected and passed by the water and sewer inspector. Upon satis- factory completion and final inspection of the sewage disposal system, the water and sewer inspector shall issue, to the applicant, a certificate of approval. If, upon inspection, the water and sewage inspector discovers that any part of the sewage disposal system is not constructed in ac. cordance. with the minimum standards provided for in this ordinance, he shall give the applicant written notification describing the defects. --. ) ~. .. . ~-. ~ The applicant shall pay an additional fee of $5.00 for each re-exami- nation that is necessary. The applicant shall be responsible for the correction or elimination of all defects, and no sewage disposal systems shall be placed or replaced until all defects have been corrected or eliminated. Section 9. (n) If any type of installation, alteration, repair, or extension of a sewage disposal system is desired to be used other than as set forth in this ordinance, special approval of the Village Council must be obtained before a permit for such installation, altera- tion, repair or extension shall be issued. It shall be the responsibilty of the applicant to present all matters pertaining to such installation as may be required by the Village Council. (b) Existing systems which do not meet the requirements of this ordinance may be extended or repaired if the extension or repair docs not bring the disposal system any closer than 50 feet to an exist- ing well or in any way increase the health hazard. Section 10. Individual water supplies or wells installed wibhin the Village subsequent to the adoption of this ordinance shall be de- signed and constructed in accordance with the following minimum standards: 1. No well or buried suction line shall be located less than 15 feet from a property line. No well or buried suction line shall be located at a point closer to sewer lines, septic tanks and drain fields than is hereinbefore set out and provided. Pumps and equipment shall be designed and installed to assure polu- tion-proof and, where necessary, frost-proof installation. The pump base shall be constructed so as to permit installation of a water-tight mounting. A well seal shall be used. 2. No source of water supply shall be from any water-bearing f.rmation less than 20 feet from the natural ground surface nor from any deeper supply which may be p()lluted by con- tamination entering through fissured, creviced, or geological formations. Section 11. Each person, firm, or corporation engaged in the business of installing and constructing sewage disposal systems with- in this village shall secure a license to carryon such occupation from the village council and shall procure and post, with the village clerk, a bond in the amount of $1,000.00 in favor of the village and the public, conditioned upon the faithful performance of contracts before doing any sewage construction work within the village. Such licensing shall be renewable annually on or before December 31 and may be revoked by the village council for cause. The license fee shall be $5.00. Section ]2. It shall be unlawful for any person to dump or dis- charge or allow or permit the dumping or discharging of any sewage or septic tank effluent or any noxious or offensive fluid to the ground surface, abandoned wells, or bodies of surface water located within the Village of Shorewood. Section 13. The objectives and purposes of this ordinance are to assure an adequate supply of safe water and to provide an adequate and safe method of sewage disposal and that the water supply and sewage disposal systems shall be so located and constructed that a water supply will not be contaminated by any existing or future sewage disposal systems, and a sewage disposal system will not contaminate any existing or future water supply. The village council shall have the power to make adjustments in and exceptions to any of the pro- visions of this ordinance in cases where the council finds there are practical difficulties or unnecessary hardships in the way of such strict application. Any adjustments in and exceptions to any of tne provisions of this ordinance which shall be granted by the Village Council shall have attached to such grant such conditions and guaran- tees as the council may deem necessary to carry out the purposes of this ordinance. Section 14. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 or imprisoned in the County jail for not to exceed 90 days. Each day that any violation is continued shall constitute a separate offense. Passed by the Village Council of the Village of Shorewood this 13th day of May, 1958. LESTER R. BADGER, Ma)'or ATTEST: ELSA I. WILSEY, Village Clerk (Published in the Minnetonka Rccord on May 22, 1958) ..;1' J - . ... --- I IUch proclamation. * LEGAL NOTICE ! Section 8. Every penon violat. ling the terms of such proclamation ORDINANCE NO. t. ,Ihall be caUty of a misdemeanor AN ORDINANCE REGULATING, llnd punishable by a fine of not AND RESTRAINING THE more than '100.00 or imprisonment RUNNING AT LARGE OF in the county jail for not more DOGS ENDANGERING THE than nlnet, c1aya. HEALTH AND WELFARE OF Section 7. Any dog which has lrHE PUBLIC AND PROVIDING bitten a human being shall, upon FOR SUMMARY DESTRUCTION swom, written complaint being OF SUCH ANIMALS AND filed with the Village Clerk, which IMPOSING A PENALTY FOR complaint shall set forth the name VIOLATION OF SUCH of the dog, the name of the owner REGULATION or custodian of such dog, if known, THE VILLAGE COUNCIL OF the name of the perso~ bitten, and OF THE VILLAGE OF SHORE. when and where. the. mcident took WOOD DO ORDAIN: place, be forthWith Impoun~ed by . t h", \'i1Jage constable or pohce of. Rechon 1. It sh.all be the. du~y ficer for a period of at least ten of the Health Officer of thIS vIl- .{, t a "eterinary hospital op- . t" 'th ( a \ 5 a .. . lal{c to Inves Iga.e, el .ar perso~- er~ted by a licensed veterinarian; ally or throug~ su~rd~nate offl- the (!og shall not ue relee.lled to cers u.nder. hiS . ~Irechon, when its owner or custodian until the complaint m ~tlng shall. have Village Health Officer has certi- been ';lade to hl~ or to. the VJlla~e fied the animal to be free from ra- C.ouncll that rabies. eXIsts in thiS bies and until the owner or cus- Vlllage,. and determm.e wheth~r or todian of such dog has pa'd the not rabies does exist In the Village rosts of the confinement and costa of Shorewood. of any veterinary tests made upon Section ~. If, on such investiga- the animal. If the costs are not tion, the Village Health Officer paid by the owner or custodian determines that rabies does exist within five days following written in the Village of Shorewood, the notice to such owner or custodian Health Officpr shall thereupon that the dog is available for re- make and file II proclamation set- lease then the Village constable ting forth the fact of such in- or ~lice officer shall forthwith vestigation and determination and destroy such dog. Any person who also in the proclamation prohibit shan fail to deliver up to the vil- the owner or custodian of any dog lage constable or police officer any from permitting or allowing such dOlf which has bitten a human dogs to be at large within the being and against which a sworn, Village of Shorewood unless ef- written complaint has been filed fectively muzzled so that it cannot shall be guilty of a misdemeanor bite any other animal or penon., and punishable by a fine not to ex- Section 3. Such proclamation, ceed '100.00 or imprisonment in when issued, shall be filed with the County Jail for a period n~t the Vlla~e Clerk, and it shall be to exceed ninety days. Each dar B the duty of the VilIaj7;e Clerk to neglect or failure to comply WIth forthwith publish a copy therof in the provisions of this section shall Ple offidal legal newspaper of be deemed to be a separate of- the Villa!!c and to post a copy of fense. surh proclamation in thn'p public Section 8. Any dog that habitu- rlac('!I within the viliage. l' he 8 'Iy worries, chases or molests p!"ochrratioll shall he deem.'o{ ef- persons traveling' peaceahly on the fc('tive ane! in full f,)I'cr fw day~ p'lblic road is hereby declared to after puhlication and po~t '1,' ?t Ill' a public nuisance. copies thereof nnd shall reT'll'l1i Section 9. Minnesota Statutes in full force and ~ffect for. a le- 347.04, 347.05, :,47,06 and 347.07 ri.,d of time deslg'11atrd In tie are hereby incorporated and made pl'oc'lamation hut not to e'l:cced a part of this ordinance as com- six months. . pletely as if set out in full here- Sf'rUon 4. It shall he unlawful '\'ith. fOl' the owner or custodia~ "f any. Section 10. This odinance shall dot:" to suffer <lr pernd, It td. h,' LaK:e effect from aTlli after its pas- at lar",c either on the pr('mlS~S ";ll!(' and publication, of the 0W:l('r "1' rl,ewherc \\lt~!'l Dated this 16th day of Septem- thr Vilbi"!' ()f Sh,rt>wo"d dllrJng' th" ti'11(, "h'h proclan'atiol' i, in 1)('1', r{)rc(l unhh~s ~t:ch fing ~11all be l'ffcdivcly muzzlpd sr- th:l t it can- not bite any other animal or per- son. Section r>. It shall be lawful for any police officer or constable of this villnr,e to destroy any dog running at large on the public atreets or roads of this village in violation of the provisions of . . . 1958. LESTER R. BADGER, Mayor of the Village of Shorewood, Minnesota ATTEST: ELSA WILTSEY, Village Clerk (Published in the Minnetonka Record September 26, 1968) S~t: ..,J.'" ~7 ~,,,,..r~~. * LEGAL NOTICE . ORDINANCE NO. 20 AN ORDINANCE TO AMEND ORDINANCE NO. 5 RELATING TO MISDEMEANORS AND PRESCRIBING A PENALTY FOR VIOLATION THEREOF THE VILLAGE COUNCIL OF OF THE VILLAGE OF SHORE- WOOD DO ORDAIN: Section 1. That Section 12 of Ordinance No. 5 of the Village of Shorewood be amended to include within it the following para- graph, to-wit: Every person who shall hereafter fire off, discharge or explode any gun, pistol or fire arm within the limits of the Village of Shorewood without having in his pos- session a permit therefor in full force and effect, issued to him by the Village COuncil of the Village of Shorewootl, shall be guilty of a misdemeanor. The Village Council is hereby authorized to issue such a pe,r- mit to such person or persons as they deem suitable for a period not to exceed three months and upon such terms and conditions as determined by said Council; but, in no event, shall a permit be is- sued contrary to rules, regu- lations or statutes of the State of Minnesota or its adminis- trative departments. The Vil- lage Council may summarily revoke such permit at any time they deem the person to whom it is issued unfit or unsafe to exercise the privi- leges therein granted. Section 2. This ordinance shall take effect from and after its pas- sage and publication. Passed by the Village Council of the Village of Shorewood this 16th day of September, 1958. LESTER R. BADGER, Mayor of the Village of Shorewood, Minnesota ATTEST: ELSA I. WILTSEY, Village Clerk (Published in the Minnetonka (Record September 25, 1958) e . ^. ~"li:"~'#"",'-""-~',""~'fII'''~If''fiP'_'~,_""""~,~"",,<,,:~,,,,,,,,, . * LEGAL NOTICE ORDINANCE NO. 21 AN ormINANcE PROVIDING FOR CIVIL DEFENSE AND FOR PROTECTION AND PROMOTION OF PUBLIC SAFETY, HEALTH AND WELFARE IN THE VILLAGE OF SHOREWOOD DURING CIVIL DEFENSE EMERGENCIES The Village Council of the Vil- lage of Shorewood do ordain: SECTION 1. POLICY AND PURPOSE. Subdivision 1. Because of the existing and increasing pos- sibility of the occurrence of disas- ters of unprecedented size and de- structiveness resulting from enemy attack, sabotage, or other hostile action, and from fire, flood, earth- quake or other natural causes, and in order to insure that preparation of this village will be adequate to deal vdth such disasters, and gen- erally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this village, it is hereby found and declared to be necessary: (a) To establish a local civil defense agency; (b) To provide for the exercise of the necessary powers during civ- il defense emergencies; (c) To provide for the render- ing of mutual aid between this village and other political subdi- visions of this state and of other states with the respect of carry- ing out of civil defense functions. Subdivision 2. It is further de- clared to be the purpose of this ordinance and the policy of the village that all civil defense func- tions of this city be coodinated to the maximum extent practicable with the comparable functions of the federal government, of this state, and of the other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources and facilities for dealing with any disaster that may occur. SECTION 2. DEFINITIONS. Subdivision 1. "Civil Defense" means the preparation for and the carrying out of all emergency func- tions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage re- sulting from disasters caused by enemy attack, sabotage or other hostile action, and from fire, flood, earthquake or other natural caus- es. These functions include, with- out limitation, fire-fighting servic- es, police services, rescue, engin- eering, air-raid warning services, communications, I' a d i 0 log i c aI, chemical, and other special wea- pons defense, evacuation of per- sons from stricken areas, emergen- e . cy welfare services, emergency transportation, existing or proper- ly assigned functions of plant pro" tection, temporary restoration of public utility services and other functions related to civilian pro- tection, together with all other ac- tivities necessary or incidental to preparation for the carrying out of the foregoing functions. Subdivision 2. "Civil Defense Emergency" means an emergency declared by the governor under the Minnesota Civil Defense Act of 1951, Laws 1951, Ch. 694, Sec. 301. Subdivision 3. "Civil Defense Forces" means any personnel em- ployed by the village and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense func- tions in accordance with the pro- visions of this ordinance or any rule or order thereunder. SECTION 3. ESTABLISHMENT OF CIVIL DEFENSE AGENCY, Subdivision 1. There is hereby cre- ated within the village government a civil defense agency, which shall be under the supervision and con- trol of a director of civil defense, hereinafter called the director. The director shall be appointed by the village council for an indefinite term and may be removed by it .at any time. He shall serve without salary, but shall be paid his neces- sary expenses. The director shall have direct responsibilty for the organization, administration and operation of the civIl defense agen- cy, subject to the direction and COll- trol of the council. The civil de- fense agency shall beo:rganized in- to such subdivisions and bureaus, consistent with state and local civil defense plans, as the director deems necessary to provide for the efficient performance of local civil defense functions during a civil defense emergency. Subdivision 2. There is hereby created within the civil defense agency a civil defense advisory committee, hereinafter called the "committee". Members of the com- mittee shall be appointed by the village council to represent village departments and other groups con- cerned with civil defense. The may- or shall be chairman and the direct- or shall be the secretary of the commHttee. The committee shall advise the director and the village council on all matters pertaining to civil defense. Each member shall serve without compensat'on and shall hold office at the plea- SUre of the village council. SECTION 4. POWERS AND DUTIES OF THE DIRECTOR. Subdivision 1. The director, with the consent of the village cQuncil shall represent the village on any regional or state organization for civil defense. He shall develop pro- posed mutual aid a,greements with other political subdivisions withip. or outside the state for recipro- cal civil defense aid and assistance in a civil defense emergency too great to be dealt with unassisted, and he shall present such agree- ments to the council for its ac- tion. Such arrangements shall be consistent wit.h the state c:vil de- fense plan and during a civil de- fense emergency, it shall be the duty of the civil defense agency and civil defense forces to render assistance in accordance with the provisions of such mutual aid ar- rangements. Any mutual aid ar- rangement with a political sub- division of another state shall be subject to the approval of the gov- ernor. Subdivision 2. The director shall make such studies and surveys of the manpower, industries, re- sources and facilities of the village as he deems necessary to determine their adequacy for civil defense and to plan for their most efficient use in time of a civil defense emer- gency. Subdivision 3. The director shall prepare a comprehensive general plan for the civil defense of the village and shall present such plan to the council for its approval. When the council has approved the plan by resolution, it shall be the duty of all municipal agencies and all civil defense forces of the vil- lage to perform the duties and functions assigned by the plan as approved. The plan may be modi- fied in like manner from time to time. The director shall coordinate the civil defense activities of the village to the end that they shall be consistent and fully integrated with the civil defense plan of the federal government and the stpte and correlated with the civil de- fense plans of other political sub- divisions within the state. Subdivision 4. In accordance with th~ state and village defense plan, the director shall institute such training programs and pub- lic information programs and shall take all other preparatory steps, including the partial or full mo- bilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the vil- lage civil defense plan in time of a civil defense emergency. He may, from time to time, conduct such practice air-raid alerts or other defense exercises as he may deem nececssary. Subdivision 5. The director shall utilize the personnel, services, equipment, supplies and facilities of the existing departments and agencies of the village to maxi- mum extent practicable. The of- ficers and personnel of all such departments and agencies shall, to the maximum extent practicable, co-operate with and extend such services and facilities to the local civil defense agency and to the . governor upon request. The head defense and for communication I Subdivision 5. Personnel pro- of each department and agency, in with other communities and cOt'trol cedures of the city or village ap- eD-operation with and under the centers within the surrounding plicable to the regular employees direction of the director, shall be area and with the federal and slate I shall not apply to volunteer civil responsible for the planning anci agencic's coneerned. defen8e workers but shall apply to programming of such civil defense :3clbc!ivisiun 11. During tlie first I,aid employc.es of the civil de- activities as will involve the utJiz- :30 day,; of a civil defense eDler- fense agency. ation of the facilities of each de- gency, if the iegislatlm. is in ses- S E C T ION 6. EMEEGE~CY partment or agency. "ion "1' the governor has coupled REGULATIONS. Subdivision 1. Subc~ivision 6. The director sh'1!1 h s c:edaration of the emergency Wnel1ever necessary to meet a dvil in co-operation with existing vil- with a call for a special SeSSiJl1 defense emergency or to prepare lage departments and agencies af- of the legislature, the dire2to.. for such an emergency for which fected, organize, recruit and train may, when necessary to save life adequate regulations have not been air-raid wardens, auxiliary p01Le, or property, rl2quire any person, adopted by the governor or the auxiliary firemen, emergency med- pxcepl members of the federal or village council. the mayor may by ieal personnel, and any other per- "tate military forces and officers proclamation promulgate regula- sonnel that may be required on D of the state or any other political tions, consistent with applicable volunteer basis to carry out th. subdiy;sion, to perform services for federal or state law or regulation civil defense plans of the village the civil deiense purposes as he rc~specting: protection against air- and state. To the extent that such directs, and he rua)' commandeer, raid alarms; the conduct of Dflr- emergency personnel is recruited for the time beirlg, any motor ve- sons and the use of property dur,. to augment a regular village de- hide, tools, appliances or any oth- ing alarms; t.he repair, mainten- partment or agency for civil de- ()r property, subject to the own- ance and safe-guarding of essen- fense emergency, it shall be as- er's right to just compensation thl public servicesj emergency signed to such department or I1g- as provided by law. health, fire and safety regulations; ency for purposes of administra- SECTION 5. GENERAL PRO- trial drills or practice periods re- tion and command. The director VISIONS ON CIVIL DEFENSE quired for preliminary training; may dismiss any civil defense vol- WORKEH~~. Subdivision 1. No and all other matters which are unteer at any time and require person shacl be employed or asso- required to protect public safety, him to surrender any equipment. ciated in c.ny capacity in the civ;1 health and welfare in civil defense and identification furnished by the deienS(} agency who advocates or emergencies. No regulation gov- village. has advocated a Challge by force erning observation of enemy air- Subdivision 7. Consistent with or violation in the constitutional craft, air attacks, alarms or illum- the civil defense plan, the director form of government of the United ination during air attacks shall be shall provide and equip emergency States or in this state or in the adopted or take effect unless ap- hospitals, casualty stations, am- overthrow o~ any government in proved by the state director of bulances, canteens, evacuation cen- the United States by force or vio- civil defense. tel'S and other facilities, or convey- lence, or who has been convicted Subdivision 2, Every proclama- ances for the care of injured or of or is under indictment for in- tion of emergency regulations shall homeless persons. formatioN. charging any subversive be in writing and signed by the Subdivision 8. The director shall act against the United States. Each mayor, shall be dated shall refer carry out all orders, rules and person who is appointed to serve to the particular civil defense regulations issued by the govern- in the civil defense agency shall, emergency to which it pertains, if or ,,;th reference to civil defense. before entering upon his duties, so limited, and shall be flIed in Subdivision 9. The director shall take an oath in writing as pre. the office of the village clerk, direct and coordinate the general sCflbed by the Minnesota Civil De- where a copy shall be kept posted operations of all local civil defense fense Act of 1951, Section 40:3. and available for public inspec- forces during a civil defense emer- and administered by a competent tion during business hours. No- gency in conformity with control- authority. tiel' of the existence of such ling regulations and instructions Subdivision 2. Civil defense vol- a re~!ation and its availabili- of the state civil defense authori- unteers .shall be called into se:- ty for inspection at the clerk's ties. The heads of the departments vice onl)" in case of a civil defense office shall be conspicuously post- and agencies shall be governed b~' emergene}' for which the regular I ed at the front of the village hall his orders in respect thereto. municipal forces ~r~ inadequat~ or or other headquarters of the vil- Subdivision 10. Consistent w:th fer necessary tralIlll1g and prepa- lage and at such other places in the civil defense plan, the director ration for such emergencies. All the affected area as the mayor shall provide and equip at Borne volunteers shall serve without shall designate in the proclama- suitable place a control center and, compensation. tion. Thereupon the regulation if required by the state civil de- Subdivision 3. Each civil de- shall take effect immediately or fense plan, an auxiliary control fense volunteer shall be provid~d at such later time as may be I!lpeci- center to be used during a civil with such suitable insignia or oth- fied in the proclamation. By like defense emergency as headquarters er identification as may be re- proclamation the mayor may modi- for the directions and coordin'l:tiol1 quired by the director. Su:'h ident' - fy or rescind any such regulation. of civil defense forces. He shall fication shall be in a form and Subdivision 3. The village Coun- arrange for representation at the style ap!Jroved by the federal gov- cil may rescind any such regula- control center by municipal de- emment. No volunteer shall ex- tion b~' resolution at any time. partments and agencies, public ercise any authority of or over If not sooner rescinded, every Buch utilities and other agencies author- i the persons or property of others regulation shaH expire at the end ized by the federal or state I without his identifiea.tion. No per- of 30 days after its effective date authorit)', to carry on civil i son except an a~tho~l~ed :volunteer or at the end of the civil defense defense activities during a civil I shall use the IdentifIcation of a emergency to which it relates, defense emergency. He shall volunteer or otherwise represent whichever occurs first. Any or- arrange for the installation at himself to be an authorized vol- dinance, rule or regulation incon- the control center of necessary unteer. sistent with an emergency regu- facilities for communication with Subdivision 4. No civil defense lation promulgated by the mayor and between heads of civil defense volunteer shall carry any firearm shall be suspended during the pe- divisions, the stations and operat- while on duty except on written riod of time lIlld to the extent that ing units of municipal services and order of the chief of the police. such conflict exists. other agencies concerned with civil department. I SECTION 7. CIVIL DEFENSE . . ~ . AGENCY PROCEDURE. Subdi- governmental functions. The vil- vision 1. There is hereby establish- lage, and, except in cases of willful ed in the village treasury a special misconduct, its officers, agents, fund to be know as the civil de- employees or representatives, while fense fund. Into this fund shall complying 'with the Minnesota Civ- be placed the proceeds of taxC's il Defense Act of 1951 or with levied for civil defense, T'10ney this ordinance or any rule, regu- tr";; l1s[erred from other funds, lation or order made thereunder. vifts und other revenues of the shall not be liable for the death civil defense a2'ency. From it shall of or any injury to persons or dam- l't' made expenditures for the op- age to property as a result of eration and maintenancce of the such activity. The provisions Qf civil defense agency and other ag- this sectiQn shall not affect the 'nLi:,~' exp"nditures for civil de- right of any person to receive fense. Regular accounting, dis- benefits to which he would other- b~l rsement, purchasing, budgeting wise be entitled under this ordi- and other financial procedures of nance or under the workmen's com- the vi1;,ll('e shall apply to the civil pensation law, or under any pen- defense fund insofar aspracti- sion law, nor the right of any ;:able; but budgeting requirements such person to receive any bene- and other financial procedures fits or compensation under an:; shall not apply to expenditures act of Congress. from the fund during 1951 or in SECTION 10. PARTICIPATION case when their application will IN LABOR DISPUTE OR POLI- prevent compliance with terms TICS. The civil defense agency and conditions of a federal or state shall not participate in any form grant of money or property for of political activity, nor shall it civil defense purposes. be employed directly or indirect- Subdivision 2. The director shall, ly for political purposes, nor shall D.S soon as possible after the end it be employed in a legitimate la- of each fiscal year, prepare and bor dispute. present to the village council for SECTION 11. PENALTY. Any the information of the council and person who violates any provision the public, a comprehensive report of this ordinance or any regula- of the activities of the civil de- tion adopted thereunder relating fense agency during the year. to acts, omissions or conduct other SECTION 8. CONFORMITY than official acts of the village of- AND COOPERA TION WIT II ficers or employees shall be guilty FEDERAL AND STATE AU- of a misdemeanor and upon con- THOFITY. Every officer and ag- \'iction shall be punished by a fine ency of the village shall cooperate of not more than $100.00 or by im- with federal and state authorities prisonment for not more than 90 and with authorized agencies en- days. gaged in civil defense and emer- SEe T ION 12. EFFECTIVE gency measures to the fullest pos- DATE. This ordinance. shall take sible extent consistent with the. effect from and after Its passage performance of their other duties. i and publication. The provisions of this ordinance' Adopted by the Village Council and of all regulations made there- of the Village of Shorewood, this under shall be subject to all ap- 1Gth day of September, 1958. plicable and controlling provisions LESTER BADGER, of federal and state laws and of Mayor regulations and orders issued A'ITEST: thereunder and shall be deemed ELSA 1. WILTSEY to be suspended and inoperative Clerk so far as there is any conflict William F. Kelly therewith. The village council may Village Attorney appoint any qualified persons hold- (Published in the Minnetonka ing a position in any agency Cl'e- Record October 9, 1958) ated under federal or state au- . thority for civil defense purposes as a special policeman of the vil- lage, with such police powers and duties within the village incident to the functions of his position, not exceeding those of regular policemen of the village, as may be prescribed in the appointment. Every such special policeman shall be subject to the supervision and control of the chief of police and such other police officers of the village as the chief may desig- nate. SECTION 9. CIVIL DEFENSE A GOVERNMENTAL FUNCTION. A 11 functions hereunder and all other activities relating to civil defense are hereby declared to be . . . ~~~Y..~~Y.Y..T~~ - · L.E(;AL. NOTICE ORDINANCE NO. 22 AN ORDINANCE TO AMEND ORDINANCE NO. 11 REGULAT- ING THE SUBDIVISION OF LAND IN THE VILLAGE OF SHOREWOOD, MINNESOTA The Village Council of the Village of Shorewood do ordain: SECTION 1. That Section 4 of Ordinance No. 11 of the Village of Shorewood be amended by striking and deleting, from said Section 4, the following phrase: "provided that in no event shan there be a frontage of less than 80 feet." SECTION 2. This ordinance shall take effect and be in full force from and after its passage and publication. Passed by the Village Council of the Village of Shorewood this 14th day of October, 1958. LESTER R. BADGER, Mayor of Village of Shorewood ATTEST: ELSA I. WILTSEY, Village Clerk of Village of Shorewood (Published in the Minnetonka Record November 6, 1958) .